New Hampshire official threatens Democratic Party with cease-and-desist over primary battle

Karissa Waddick, USA TODAY
·2 min read
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CONCORD, N.H. – New Hampshire Attorney General John Formella issued a cease-and-desist targeting the Democratic National Committee Monday, ordering the organization to stop claiming that the state's upcoming Democratic presidential primary is "meaningless."

Formella responded to a letter the group sent Friday instructing the New Hampshire Democratic Party to “educate the public” that the state's Jan. 23 primary election is effectively non-consequential. He called the language an attempt to "prevent or deter New Hampshire voters from participating in the January 23, 2024, New Hampshire democratic Presidential Primary Election."

In the Friday letter, national Democrats urged Democratic organizers in the Granite State to inform voters "that January 23rd is a non-binding presidential preference event and is meaningless and the (New Hampshire Democratic Party) and presidential candidates should take all steps possible not to participate."

The legal puzzle at the center of the fight is an ongoing dispute between national Democrats and the state over the date of the New Hampshire primary. The DNC last year tried to push the state's Democratic primary later in 2024, in an effort to move South Carolina to the front of the calendar. However, New Hampshire is required by state law to hold the first primary in the nation, setting up a clash between local officials and the national party.

The DNC has said that it will not award delegates based on the results of the New Hampshire primary, meaning the Democrat who wins the January primary won't move any closer to winning the Democratic presidential nomination.

"Regardless of whether the DNC refuses to award delegates to the party’s national convention based on the results of the January 23, 2024, New Hampshire democratic Presidential Primary Election, this New Hampshire election is not “meaningless,"' Formella's office said in statement. "(The Rules & Bylaws Committee) statements to the contrary are false, deceptive, and misleading."

Formella's office ordered the DNC to immediately stop any conduct in violation of New Hampshire's election laws. Its review of the groups actions is ongoing.

New Hampshire Democratic Party Chair Ray Buckley responded to the cease-and-desist with a tongue in cheek statement, saying "it's safe to say in New Hampshire the DNC is less popular than the New York Yankees."

"Nothing has changed, and we look forward to seeing a great Democratic voter turnout on January 23rd," he added.

The DNC did not immediately respond to a request for comment.

This article originally appeared on USA TODAY: NH official issues cease-and-desist to DNC over 2024 primary battle