Rochester state rep. candidate investigated, cleared for 'joke' about Mass. voters in NH

Staff report
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ROCHESTER — A local candidate for New Hampshire state representative calls her plea in social media for out-of-state residents to vote for her a joke. The state attorney general took it seriously enough to investigate and issue a warning against illegal voting while making clear no crime has been committed.

"You can actually vote for me. Just get on one of those buses that comes in from Massachusetts and go to Ward 2 in Rochester and vote for me,” Rochester Democrat Kathleeen Cavalaro said in a social media post.

Cavalaro pointed out her post included a comment stating she was joking and "making fun of Republicans" who in the past have claimed Massachusetts voters came to the state by the busload to vote. Those claims have never been substantiated.

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Kathleen Cavalaro is a Democratic candidate for state representative for Strafford County District 6 (Rochester Ward 2).
Kathleen Cavalaro is a Democratic candidate for state representative for Strafford County District 6 (Rochester Ward 2).

Attorney General John Formella's office issued a statement Monday saying it received complaints about Cavalaro's post, looked into it, followed up and asked her to remove it.

"Based on the comment from Ms. Cavalaro that her video post is intended to be a joke, and an interview with her, the Attorney General’s Office concludes that the video does not constitute criminal solicitation to wrongfully vote and is protected speech under the First Amendment," the attorney general's statement reads. "Nonetheless, given that there is a risk that the video post could result in voter confusion — or lead to a criminal act if a Massachusetts resident votes in New Hampshire — this office has requested that Ms. Cavalaro consider removing her May 23 video post from her TikTok account."

The attorney general's office said "in the alternative" Cavalaro could use her social media accounts to clarify only New Hampshire residents can vote in the state.

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Cavalaro said Monday she is declining to take down the video. She believes the complaint against her video was retaliation by Republicans for her recent criticism in social media of a high-ranking Republican in the New Hampshire House. She believes this led Repubicans to look through her past social media content and find the sarcastic post she made in May urging Massachusetts residents to vote for her.

"I don't cave to Republicans who are trying to intimidate me," she said, explaining her reason for declining to remove the video.

She said there have been other attempts to retaliate against her, including spreading lies about her, but she won't file a complaint about them at this time.

"I will gladly accept any challenge they put my way and use it to win," she said. "Their stunts have helped me raise thousands of dollars. I'm won't file any complaints. I will continue to unwrap the gifts they give me."

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Cavalaro is listed by the secretary of state as the only Democratic candidate for the Strafford County District 6 House seat. She is known locally as the former executive director of the Seacoast Repertory Theatre in Portsmouth.

Clifford Newton, a Republican who currently serves in the House, is the only GOP candidate listed for the seat. The general election is Nov. 8.

The attorney general's office statement reminds "it is a criminal act for a resident from another state who is not domiciled in New Hampshire to either register to vote or to vote here."

This article originally appeared on Fosters Daily Democrat: AG clears Rochester NH candidate for 'joke' post about Mass. voters