NH Secretary of State Faces DOJ Criminal Probe Over Voter Data

“No, I’m not worried,” New Hampshire Secretary of State Dave Scanlan said Wednesday.

The long-time public servant is currently facing a criminal investigation by the U.S. Department of Justice after refusing to provide President Donald Trump’s administration with unredacted state voter registration data, InDepthNH.org reported.

The conflict centers on a year-long standoff between Scanlan and the DOJ’s Civil Rights Division. Federal officials have been attempting to pressure the Secretary of State into releasing a complete list of New Hampshire voters, a request Scanlan has repeatedly denied. The tension escalated into direct legal threats, including warnings of potential prosecution for the official who has overseen state elections for decades.

Harmeet Dhillon threatens Scanlan with criminal prosecution

The legal friction reached a peak this summer. Assistant Attorney General Harmeet Dhillon, who led the Civil Rights Division at the time, sent Scanlan a letter in July outlining the potential criminal consequences of his refusal to hand over the requested information.

“In addition to the Civil Rights Division’s authority to seek injunctive relief for violations of [the civil laws], we are also authorized to prosecute criminal violations,” Dhillon wrote in one of the letters obtained by InDepthNH.org.

Dhillon was reportedly fired by President Trump last week. Her dismissal followed what was described as a failure to prosecute election officials and alleged illegal voters prior to the November mid-term elections.

The investigation into Scanlan moved into a more formal stage in September, when Eric Neff, the Acting Chief of the Civil Rights Division’s Voting Section, informed Scanlan that he was under criminal investigation. Neff also ordered Scanlan to preserve all relevant evidence, warning that failure to do so could result in sanctions for the spoliation of evidence.

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The background of the officials involved has drawn scrutiny. According to the Los Angeles Times, Neff was removed from his position at the Los Angeles District Attorney’s Office in 2022. That dismissal followed an internal investigation into a botched prosecution of a Michigan voting software company, where investigators found that Neff had relied on election conspiracy theorists to build his case.

Scanlan is not only facing a criminal probe but is also embroiled in a civil legal battle. A lawsuit brought by the federal government is currently pending in the First Circuit Court of Appeals. However, a lower court previously ruled in Scanlan's favor. In June, United States District Court Judge Joseph LaPlante dismissed the DOJ’s civil lawsuit, a decision that moved the matter to the appellate level.

“We’re right, and they’re wrong,” Scanlan said.

Political stakes in New Hampshire

The standoff is occurring against a backdrop of shifting political control in New Hampshire. While Scanlan is a registered Republican, his role is largely non-partisan. He took over the position from William Gardner, a Democrat who held the office for several decades and also faced criticism from Democratic lawmakers regarding his enforcement of election laws.

Scanlan’s tenure has not been without controversy. As the new legislature prepares to be sworn in, he faces a potential challenger for his seat. The New Hampshire Secretary of State is an elected position, chosen by both the state House of Representatives and the Senate.

Democratic members of the House have already voiced dissatisfaction with his management of recent elections. Some lawmakers argue that his strict enforcement of election statutes has resulted in voter disenfranchisement. This tension was highlighted following the passage of HB 323, which Governor Kelly Ayotte signed into law. Scanlan subsequently issued guidance stating that student identification cards could not be used to register to vote or obtain a ballot.

Scanlan’s career in state government is extensive, stretching back to his time in the state House from 1984 to 2002. He served as deputy secretary of state starting in 2002 before being elected to his current role in 2022.

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