Update: Voter Suppression in New Hampshire

A little legal update tonight that comes with pretty pictures, appropriate for Memorial Day weekend. Back in January, we discussed an incident that happened in New Hampshire ahead of the primary, involving a deep fake robocall of Joe Biden telling Democrats to stay home from the polls and “save” their vote for the general election.

Now, the political operative behind those calls, a Democrat named Steve Kramer, who was working for a short-lived challenger to Biden early in the primary season, has been indicted by the New Hampshire Attorney General, John Formella. Kramer is charged with 13 felony counts of voter suppression and 13 misdemeanor counts of impersonation of a candidate, related to 13 calls received by voters in various counties across the state. The Federal Communications Commission (FCC) fined Kramer $6 million for "scam calls he set up to defraud voters" in violation of the federal Caller ID law.

Here is the felony statute Kramer is charged with violating. A class B felony is punishable by up to seven years in prison.

Voter suppression, no matter who commits it, can’t be tolerated in a democracy. Four months from the crime to the indictment, with an impressive coordinated action between state prosecutors and federal regulators. It’s the kind of stuff that restores some of our confidence in government.

North Hampton, New Hampshire, taken by my friend and former U.S. Attorney colleague Emily Rice

This is not just going to be one-and-done in New Hampshire, a point FCC Chairwoman Jessica Rosenworcel made in connection with the announcement of the fine. We have lived through recent election cycles filled with foreign influence and disinformation spread on social media. Rosenworcel’s assessment of the New Hampshire calls was that they were “unnerving,” because “when a caller sounds like a politician you know, a celebrity you like, or a family member who is familiar, any one of us could be tricked into believing something that is not true with calls using AI technology." Add deep fake robocalls to the list of dirty tricks to be on the alert for as November gets closer.

Warner, New Hampshire. Photo credit: Phoebe Axtman

New Hampshire’s fast action serves as a warning to other would-be deep fakers, but this obviously won’t be the last one. Voters in New Hampshire alerted law enforcement to the fake calls because, even though it sounded like President Biden and used some of his catchphrases, the message didn’t make sense. It’s a good reminder to apply common sense this election season, something all of us can do, whether it’s online or off. Be alert to and ready to report this sort of trickery.

Now you’re up to speed on New Hampshire. Kramer will be arraigned in June, and the prosecution will proceed from there. I hope these lovely pictures of New Hampshire add a little beauty to your weekend.

Why am I not in New Hampshire this weekend? Photo credit: Phoebe Axtman

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Many of you, like me, will temper your picnics, barbecues, and other celebrations this weekend with remembrances of friends and family who served our country and whose memories define our relationships with and commitment to democracy. For me, it’s my Grandad, Ed Rodman, a first-generation American, who served in the Navy in WWII despite having three of his four older brothers already serving in the European theater. He had two small daughters at home. He loved his time in the Navy, but more importantly, he loved this country and made sure that his children and grandchildren did too. And I’m forever grateful.

We’re in this together,

Joyce