A Cease and Desist Order was recently issued to Mayor James Donchess and three members of the Board of Aldermen accusing them of violating the state's electioneering statute during the 2021 municipal election. Courtesy photo by Kelli Wholey/Lumina Portraits

NASHUA – The state Attorney General’s Office recently issued an Electioneering Cease and Desist Order to Mayor James Donchess and three members of the Board Aldermen accusing them of using Nashua Community Television to sway voters on a City Charter amendment.

The amendment, known as Proposition 2, would allow the city’s Police Commission to have five members. Three of whom would be appointed by the mayor and the other two would be appointed by the board. The ballot question was ultimately voted down in the 2021 municipal election by a tally of 8,960 to 4,944.

In the Order, which was issued on Jan. 11 of this year, Assistant Attorney General Brendan O’Donnell said Donchess was in favor of Proposition 2 while Aldermen Lori Wilshire, Michael O’Brien and Benjamin Clemons opposed it.

O’Donnell said that on Oct. 27, 2021, NCTV began broadcasting the mayor’s 15-minute statement supporting Proposition 2 and encouraging residents to get out and vote regardless of their position on the amendment. Donchess’ statement was aired 25 times from Oct. 27 to Nov. 1, the day before the election.

O’Donnell said Wilshire, O’Brien and Clemons also made statements on NCTV that opposed Proposition 2.

“This office determined that each of your messages constituted electioneering,” said O’Donnell. “Your messages were specifically designed to influence the voters. This office orders each of you to cease and desist from using city property, including but not limited to the city’s PEG channels and cable television equipment, to electioneer.”

The matter was originally brought to light by resident Laura Colquhoun.

“I felt that Mayor Donchess was wrong because he cannot use a local public TV station to get his message out,” she said. “If Mayor Donchess had a debate on the TV station that would have been fine; however, when he went on the public TV, he did not have the ‘other’ side tell their story.”

Colquhoun said that unlike other municipalities, Nashua’s police commissioners are appointed by the New Hampshire Executive Council. Had it passed, Proposition 2 would have given city officials the authority to make those appointments.

“Like me, a lot of Nashua residents felt that if Mayor Donchess was allowed to elect the commissioners, he would put his friends on and not necessarily a qualified person,” she said. “By keeping it with the Executive Council it is a way of keeping politics out of the selection.”

In response to the Order, Donchess said political candidates can use NCTV to promote their campaigns. Yet, he and the three aldermen were reprimanded for using the city’s television station to share their views on a ballot question.

“The Cease and Desist Order doesn’t make sense,” said Donchess. “To me, it seems to violate the First Amendment. None of us were asking for any sort of personal advantage.”

Clemons said that because Donchess had recorded a statement, he felt compelled to do the same.

“I felt that both sides of the issue deserved an equal voice, out of fairness,” said Clemons.

Although he disagreed with O’Donnell’s Order, Clemons said it is not worth contesting and that there are better ways of getting a message out.

“I can probably more effectively and more efficiently reach more people, at less of a cost, over channels such as YouTube and social media,” he said.

Attorney Michael Pignatelli, counsel for Donchess and the three aldermen, said no penalty was imposed.

“The AG Order might be characterized as an advisory opinion concerning a technical violation of the anti-electioneering statute,” he said.

Wilshire and O’Brien could not be reached for comment.