Eagle Times Staff
CONCORD, N.H. — Attorney General John M. Formella has announced the execution of a settlement agreement regarding anonymous political mailers from New Hampshire’s 2022 Congressional District 2 primary race. The Office of the Attorney General and Deliver Strategies, an Arlington, Virginia direct mail and communications consulting firm, have agreed to resolve the investigation without a criminal proceeding in accordance with the terms and conditions of a three-year agreement that includes payment of a $40,000 fine.
Beginning in August 2022, the Office of the Attorney General commenced a criminal investigation into approximately 189,000 political mailers appearing to support the candidacy of “Robert Burns for Congress” sent to New Hampshire voters in Congressional District 2. The investigation was extensive and included interviews with numerous witnesses and the review of a significant number of documents.
The investigation was initiated based on the mailers’ failure to include information identifying the entity responsible for the political advertising, as required under New Hampshire RSA 664:14, and subsequently, based on suspected violations of RSA 638:3 Tampering with Public or Private Records, relating to false information as to the “mail owner” supplied on mail forms submitted to the United States Postal Service. The mail forms identified the mail owner as “Robert Burns for Congress,” yet the Burns for Congress campaign had no involvement in the creation and dissemination of the mailers.
Massachusetts company Reynolds DeWalt Corporation produced and mailed the “Robert Burns for Congress” mailers on behalf of Deliver Strategies. Deliver Strategies designed and ordered the mailers on behalf of client House Majority Forward, an entity closely related to House Majority PAC.
“Today’s resolution underscores our commitment to upholding the law and protecting the integrity of our democratic processes. With the execution of this settlement agreement, we are sending a clear message that all individuals and entities must adhere to the required transparency standards under New Hampshire law and that violations of these standards will be investigated thoroughly and result in serious consequences,” said Attorney General Formella. “Robust enforcement of our laws is essential for maintaining public trust in our electoral system. The agreement with Deliver Strategies highlights the importance of compliance with political advertising requirements to protect voters by giving them information required under the law about who is responsible for political communications.”
The Office of the Attorney General notes that while execution of this settlement agreement in lieu of criminal charges was determined to be appropriate in this case, this resolution applies only to Deliver Strategies based on the particular facts and circumstances of this case. All individuals and entities involved in campaigns in the state of New Hampshire are on notice that violations of New Hampshire transparency laws with regard to elections could result in criminal charges in future cases depending on the facts and circumstances of those cases.
