NH AG Flags 'Impropriety' Concerns But Clears Liot Hill Of Ethics Violations

By Michael Graham, NH Journal

The New Hampshire Attorney General’s Office agreed that Democratic Executive Councilor Karen Liot Hill’s conduct raised concerns about an “appearance of impropriety,” but it declined to take action on complaints alleging she improperly used her office to promote a lawsuit against the state government she serves.

“All executive branch officials should use care to avoid acting in any way that would create an appearance of impropriety,” Brendan O’Donnell, who oversees the attorney general’s Election Law Unit, wrote in a letter released Friday.

“Nonetheless, based on the text of the emails and the interviews with the recipients, this office cannot conclude that the emails constituted a misuse of position or otherwise violated the executive branch ethics code,” O’Donnell wrote.

The letter was written in response to a complaint filed in August by New Hampshire Republican Party Chairman Jim MacEachern, who accused Liot Hill of “electioneering on behalf of a political law firm in her official capacity.”

The complaint followed reporting by NHJournal, which obtained emails Liot Hill sent from her official Executive Council account seeking individuals willing to sue the state over new voter ID requirements for absentee ballots. In the emails, she referred potential plaintiffs to the Elias Law Group, led by Marc Elias, who previously represented Hillary Clinton’s 2016 presidential campaign.

On Friday, the Attorney General’s Office formally informed MacEachern it would take no action in the case.

“In each of these emails, Councilor Liot Hill states, ‘I am writing to ask for your help,’” O’Donnell wrote. “Councilor Liot Hill identifies some concerns she has with SB 287, a recent law that changed the requirements for requesting an absentee ballot.

“Councilor Liot Hill then asks, ‘Would you be willing to have a call with [a private attorney from Elias Law Group] to talk further?’ Councilor Liot Hill additionally copied that Elias Law Group attorney on each email,” he added.

O’Donnell wrote that “it would not be appropriate for an executive branch official to use their position to secure a privilege or advantage for another person or entity, such as the Elias Law Group, to which that entity was not entitled.” However, he noted that state law defines electioneering as conduct “specifically designed to influence the vote of a voter on any question or office.”

The Attorney General’s Office concluded Liot Hill did not violate that law.

Liot Hill did not respond to a request for comment from NHJournal. She did, however, tell InDepthNH that “the AG’s findings underscore the partisan nature of the ongoing attacks against me: I am being impeached not for wrongdoing, but for being a Democrat.”

The Lebanon Democrat, who has described herself as “the top Dem in state government,” said she plans to remain focused on her duties.

“My job as an Executive Councilor is to vote on state contracts and gubernatorial nominations, to manage our state infrastructure, and most importantly, to advocate for my constituents,” Liot Hill said. “This is serious work, and I will continue taking it seriously.”

It is that oversight role — particularly over state contracts — that critics say creates future conflicts.

“Although Councilor Liot Hill’s conduct did not constitute electioneering, it is significant that two of the five emails in question went to executive branch officials,” O’Donnell wrote. “It would not be appropriate for an executive branch official to use their position to secure a privilege or advantage for another person or entity, such as the Elias Law Group, to which that entity was not entitled.”

While the Attorney General’s Office compared Liot Hill’s outreach to lawmakers filing an amicus brief in Contoocook Valley School District v. State of New Hampshire, Republicans argue that an amicus brief does not solicit business for a private, partisan law firm.

For Deputy House Majority Leader Joe Sweeney (R-Salem), Liot Hill’s actions may or may not be illegal, but he said they are impeachable.

“I am taking a different approach,” Sweeney said. “I firmly believe it is malpractice and maladministration for an executive councilor, who oversees the Department of Justice and has influence over the state’s legal defense, to organize litigants against the State of New Hampshire. An individual can choose to act as an activist organizing lawsuits against the state or serve as an executive councilor focused on the responsibilities of the office, but they cannot do both.”

Sweeney said the House intends to proceed with plans to impeach Liot Hill. If so, she is expected to face questions about her campaign spending, including tens of thousands of dollars spent on personal expenses such as legal fees and home repairs. There are also allegations she may have filed improper campaign finance reports with the secretary of state, which could carry criminal penalties if proven.

Liot Hill was fined $1,000 for campaign violations in October.

The irony is that the Elias Law Group has already lost the absentee ballot lawsuit. Earlier this month, a New Hampshire judge granted Attorney General John Formella’s motion to dismiss the case promoted by Liot Hill.

Still, Republicans say her conduct remains unacceptable, regardless of the attorney general’s conclusion.

“The facts are simple,” MacEachern said. “Councilor Hill used her official position for political gain at the expense of the state. Given her history of breaking the law and misusing public funds, this behavior is hardly surprising. It’s embarrassing conduct from anyone, especially the highest-ranking elected Democrat.”

This story was originally published by the NH Journal, an online news publication dedicated to providing fair, unbiased reporting on, and analysis of, political news of interest to New Hampshire. For more stories from the NH Journal, visit NHJournal.com.