From the Londonderry Times Editorial
As we look around the country and see the challenges that small weekly newspapers face in providing what we think is a much-needed source of news coverage to small towns, it was refreshing to see one of the largest news sources in the state take notice of the struggles facing this newspaper over the past year. The Union Leader graciously allowed us to reprint the editorial they ran in their Sunday August 20th edition.
We are not in Kansas
Free Deb Paul
During the past week, global observers were stunned by events in Marion, Kansas. A convergence of small-town politics and zealous law enforcement resulted in a (likely illegal) search and/ or confiscation of a weekly newspaper’s premises, computer systems, and even the residences of its publishers. These actions are believed to have played a role in the unfortunate passing of one of the publishers.
The tendency of smalltown politics to exaggerate matters is well-known, often drawing in parties that should exercise greater discretion when applying the law. In Kansas, these dynamics led to the Kansas Bureau of Investigation becoming entangled in the widely criticized raid on the Marion County Record.
Here in New Hampshire, the influence of small-town politics has led to the arrest of a weekly newspaper publisher, Debra Paul of the Londonderry Times. In November, on the day before Thanksgiving, Deb Paul will be in a courtroom, defending herself against the might of the Attorney General’s Office.
Deb Paul stands accused of violating NH RSA 664, titled “POLITICAL EXPENDITURES AND CONTRIBUTIONS,” due to her publication of political advertisements that allegedly did not adhere to the exact letter of the law requiring to the signing of ads for town elections and their labeling as “Political Advertising.”
Spanning over nine thousand words, RSA 664 mentions the term “advertising” a total of 43 times across six different sections. It specifically imposes just three obligations on those publishing newspapers or periodicals: obtaining approval from candidates for ads by or on behalf of the candidate, submitting political advertising rates to the secretary of state, and not charging different rates to different campaigns. Debra Paul does not appear to be charged with violating any of these three provisions.
At this newspaper, we have had to point out the perplexing advertising regulations in the over nine thousand words of RSA 664, written over six decades, to campaigns, including those of candidates already holding federal office. Despite stipulating that the secretary of state furnish a copy to each person whose name will appear on a state ballot, some continue to assert they are exempt. Faced with the attorney general’s demonstrated readiness to arrest and prosecute publishers rather than campaigns for violations, we are left with no option but to demand compliance or decline the advertising.
In small-town elections, the provisions of RSA 664 are less known and considerably less understood. According to a probable cause statement, the attorney general’s investigator seemed to personally educate every individual they interviewed that placed an offending advertisement in the Londonderry Times about the election law.
The attorney general’s announcement of Deb Paul’s arrest indicated she had received warnings on prior occasions regarding the labeling of political advertising. These warnings appear to have shifted the responsibility for education and enforcement of RSA 664 away from the secretary of state and the attorney general, and transferred compliance from campaigns to Deb Paul herself.
The attorney general’s FAQ on Election Law details registering complaints for violations against campaigns, not newspaper publishers or billboard painters. If “Trump 2024” is painted on the side of a barn without the label of “Political Advertising,” who would be subject to arrest for this violation? Would it be the campaign that commissioned the message, or the individual holding the paintbrush? And if the person wielding the rogue paintbrush had previously received warning letters, would they then be responsible for educating campaigns about RSA 664?
RSA 664 gives the attorney general the authority to issue “… an order requiring the violator to cease and desist from his or her violation. If the attorney general’s order is not obeyed, the attorney general or designee may petition the superior court of the county in which the violation occurred for an order of enforcement.” On Thanksgiving Eve, the attorney general’s office will not be petitioning the court for an order of enforcement; instead, they will be prosecuting Deb Paul for multiple Class A misdemeanors.
Like many small-town publishers, Deb Paul is a polarizing figure. That tends to happen when noses are stuck in places they aren’t wanted. Threatening a local publisher with thousands of dollars in fines and possible jail time, while requiring spending many thousands in legal defense costs is a solid way to shut them down. Luckily for the First Amendment, Deb Paul does not crumble that easily and has been fighting. Her prosecution is a misuse of the attorney general’s limited resources and creates a chilling effect on local news when it is needed most. Attorney General John Formella should stop this unnecessary prosecution and focus his resources on educating everyone involved in elections about the laws and regulations they are all expected to follow.
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