Speaker defends handling of GOP rep's residency probe

Dec. 27—CONCORD — House Speaker Sherman Packard said he did not ask then-state Rep. Troy Merner about allegations that he lived outside his district during a 10-month Department of Justice investigation.

Packard said it was inappropriate to discuss the matter with Merner at the time.

"One of the things that you keep hearing is that everybody knew that Troy Merner didn't live in Lancaster. I am not sure who everybody is but nobody, nobody in the whole period from November 2022 to September came into this office and said we have proof that Rep. Merner is not living in his district," Packard said during an invitation-only news conference in his office on Wednesday.

Merner had told House staff that an apartment he kept in Lancaster was his legal residence many months after he had moved in with his new wife in Carroll, more than 20 miles away, Packard said.

Last month, state prosecutors charged Merner with felony false voting in town elections, and three misdemeanors including collecting excessive mileage payments to and from the State House.

Merner waived his arraignment that had been set for Thursday.

"If everyone knew, why didn't somebody come forward? I am not going to act on accusations on rumors; I am going to act on proof," Packard said.

On Dec. 6, 2022, state prosecutors spoke by telephone with General Court Director of Operations Terry Pfaff, informing him of "facts" regarding a residency complaint brought against Merner.

But Packard said he did not learn until Sept. 18 from Attorney General John Formella's Office that prosecutors had concluded Merner did not legally live in the district, and was ineligible to serve in the Legislature during the entire 2023 session.

Packard said that same day he requested Merner resign his seat and Merner agreed.

Voters in the Coos County district will select a replacement for Merner on Jan. 23, the same day as the presidential primary.

"Obviously there was criminal intention," Packard said of the charges against Merner.

House Deputy Speaker Steve Smith, R-Charlestown, said it's "frustrating" that existing law permits legislators to claim a domicile in a district even while temporarily living away from it.

Smith said it's too late to file legislation to beef up the residency laws, but said he would support it.

"That should be an easy question to answer, and it isn't in the current state of the law," Smith said.

Through a spokesperson, House Democratic Leader Matt Wilhelm of Manchester declined to comment on Packard's statements.

'Similar case' against a Democrat

Packard and Smith cited what they called a "similar case" of residency inquiry against former state Rep. Cynthia McGovern, who allegedly lived away from her Portsmouth home during the 1990 election.

GOP lawmakers from Portsmouth brought in a resolution in December 1990 challenging McGovern's right to serve.

In January 1992, a House committee unanimously recommended, and the House took a voice vote, to kill the resolution.

In 1991-92, the GOP had more than a 2-1 majority in the House.

Packard said the fact the House is so closely divided now has fueled false claims House GOP leaders covered up Merner's non-residency because they needed his vote.

Currently, Republicans hold a 198-195 edge in the House with three independents and four vacant seats that voters will fill in 2024.

"Would this (criticism) have happened if we or the other party had a 50-vote majority? Probably not. There is a lot of politics involved in this right now," Packard said.

Smith said any lawmaker who questioned Merner's status could have brought a similar resolution last spring.

"I would imagine based on past practice and precedent, the House would have found a resolution (against Merner) inexpedient to legislate" until the AG charged him with a crime, Smith said.

Unlike the Merner matter, the Portsmouth Board of Registrars considered a complaint and rejected a formal charge to McGovern's right to vote in her home city.

Former state Sens. Peter Burling of Cornish and Mark Hounsell of Conway insist House GOP leaders engaged in a cover-up, and the Legislature should convene an inquiry to have people testify under oath to what they knew about Merner's residency.

"They come up with this false equivalency case when there was never any criminal investigation against Cindy's residency," said Burling, who in 1991 was in his first term as a member of the House.

"The longer this goes on, the more they throw honest, decent state and legislative employees under the bus. You can't continue to cover up without causing significant damage to people who may have tried to do the right thing."

Packard admitted the Merner controversy will affect the upcoming session because many Democratic critics continue to "wail" about it.

He denied any concern about any future move to challenge his right to continue serving as House leader.

"I have been in politics a long time; I can't control what everybody thinks," said Packard, a 16-term incumbent.

Burling criticized the decision by Packard to schedule a press briefing without all of the state's media.

"The notion that the majority office and speaker could agree to a private press conference sounds more like a mob meeting in the basement," Burling said. "That's a bad precedent."

Nancy West of InDepthNH and Steven Porter of the Boston Globe both expressed on X (formerly Twitter) that they should not have been left out of the news conference. "I wasn't invited. I am House-credentialed. My questions on the topic remain unanswered," Porter said.

klandrigan@unionleader.com