Former MP Merner will not be given the right to vote or a prison sentence when the verdict is announced

By DAMIEN FISHER, InDepthNH.org

NORTH HAVERHILL – Troy Merner entered Grafton Superior Court on Wednesday as a former state legislator and left as a convicted criminal disenfranchised for the rest of his life.

Merner, 63, pleaded guilty to one count of election fraud and one count of theft by deception, both misdemeanors, as part of the agreement reached with the state. The counts of election fraud, perjury and tampering with government records were dropped as part of the agreement.

Merner, a Republican, was forced to give up his House seat last year because his address was disputed. Merner, who was elected to represent Lancaster in 2022, had lived in Carroll since before the election. He made matters worse by voting in the 2023 Lancaster Town Council annual election despite being questioned by state investigators about his living situation. When New Hampshire Attorney General John Formella concluded his investigation, it emerged that Merner had accepted mileage checks from the state, using his false Lancaster address to calculate the distance.

Neither Merner nor his attorney, William Dolan, offered an explanation in court for the illegal voting and the theft of the mileage allowance. New Hampshire Assistant Attorney General David Lovejoy hinted at a possible reason. Merner's wife died in 2021 and he remarried in 2022 and moved with his new wife into their home in Carroll, Lovejoy said.

Merner will now be sentenced to six months in prison for each offense, but he will not have to go to jail. The sentences will be suspended for the next two years on the condition that he stays out of trouble and politics. Merner is barred from holding any elected or appointed office during the two years of probation.

Merner's right to vote will be permanently revoked. In theory, Merner could continue to hold office without voting after serving his probation. Merner's right to vote can be restored by a decision of the state Supreme Court if he ever chooses to do so.

Merner must also pay the state $1,100 for the mileage allowance.

Who knew about Merner's living situation – and who did what – was the subject of debate at the State House last year.

Attorney General Formella's office began investigating Merner in November 2022, and an investigator even interviewed the representative at the Carrolls' home, which he then shared with his now-wife. In December 2022, the Attorney General's office informed House leadership of Merner's living situation, including House Speaker Sherman Packard, R-Londonderry.

Merner was allowed to continue serving in the House despite not living in his district. Packard claims he was waiting for the Attorney General's investigation to be completed. However, the investigation appeared to be dormant until March 2023, when it was revealed that Merner had voted in the Lancaster municipal election.

After Formella's investigation was completed in September, Packard was able to force Merner to resign, he says. But Merner remained in the House for the entire session after leaving his district, which violated the state constitution.

Rob Christie of Lancaster was concerned about not being able to watch Merner's sentencing hearing via WebEx. The court's website states that Superior Court hearings can be watched remotely via WebEx.

Christie said he had used WebEx before, but on Wednesday the court informed him that Merner's hearing was unavailable.

Merner was convicted in Grafton Superior Court in North Haverhill, not Coos Superior Court in Lancaster.

“I feel like the citizens of Lancaster and Coos County are being disenfranchised,” Christie said, adding that WebEx should be available at every court hearing.

Christie said Merner also defrauded the city of Lancaster, although he was not charged with criminal offenses, over the salary he accepted for serving as a city councilman after moving from Lancaster to Carroll. Merner reportedly attended city council meetings after his move.

Christie, who is Lancaster's representative on the Mount Washington Regional Airport Commission and is active on other boards, ran unsuccessfully against Merner for selectman in 2021. Merner received 246 votes and Christie received 179.

Lancaster city councilors have asked Merner to repay the $3,575 salary he accepted while serving as a city councilor after he moved out of Lancaster until his resignation, but he has failed to do so.

Court spokesman Av Harris responded to criticism of the lack of WebEx at Merner's hearing in general terms.

“New Hampshire's courts are committed to complete public transparency. Except for closed court proceedings, every court proceeding is open to all members of the public and to any media who wish to report on it for a wider audience. The Judiciary goes to great lengths to accommodate any media who wish to cover court hearings and trials. It opens all of our courts to those who wish to film, record and photograph the proceedings for the general public to report on. It also makes publicly available documents related to a particular case available to anyone who requests them,” Harris said.

Merner is not the only House member with residency issues. In February, Republican Rep. Dan Hynes of Bedford suddenly resigned the same day Formella's office sent a letter to House leadership about his housing situation.

Hynes had moved out of the county sometime in 2023 while renting out his home in Bedford. However, Hynes reportedly claimed the Bedford home was still his address and stated he lived in a mobile home on the property. Hynes told investigators that he and his wife actually lived in different locations outside the county during this time.