New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
September 18, 2020

Contact:
Kate Giaquinto, Director of Communications
kate.giaquinto@doj.nh.gov | 603-573-6103

Indictment of Mary Kate Lowndes for Wrongful Voting in the November 2018 General Election

Concord, NH – Attorney General Gordon J. MacDonald announces that Mary Kate Lowndes, age 57, of Washington, D.C., has been indicted by the New Hampshire Multicounty Grand Jury for alleged violation of RSA 659:34, I (e) for Wrongful Voting, a class B felony. One count of Misusing an Absentee Ballot under RSA 657:24, and two counts of Wrongful Voting under RSA 659:34, I (a), which are class A misdemeanors were filed with the court.

The felony indictment, which was released Friday afternoon, alleges that during the November 6, 2018 General Election Ms. Lowndes voted in Derry, New Hampshire when she was not qualified to vote as provided in RSA 654, because she was not domiciled in Derry. This act is a violation of RSA 659:34, I (e) & RSA 659:34, II, Wrongful Voting, for voting for any office or measure at an election if such person is not qualified to vote as provided in RSA 654, which is a class B felony.

One of the misdemeanor charges alleges that Ms. Lowndes submitted a voter registration form to the Town of Derry, New Hampshire for the 2016 General Election, in which she falsely stated that she was domiciled at 55 Crystal Avenue, #515, Derry, New Hampshire, when she lived outside of New Hampshire. The second misdemeanor charge alleges that Ms. Lowndes made a false material statement when obtaining a ballot during the November 6, 2018 General Election. Specifically, that she falsely stated that she was domiciled at 55 Crystal Avenue, #515, Derry, New Hampshire. These two acts violate RSA 659:34, I (a) & RSA 659:34, II, Wrongful Voting, for a person to knowingly submit a voter registration form containing false material information regarding her qualifications as a voter, and also for a person to make a false material statement regarding her qualifications as a voter when obtaining an official ballot, which are both class A misdemeanors.

The third misdemeanor charge alleges that Ms. Lowndes voted by absentee ballot during the November 6, 2018 General Election and was not entitled to do so because she was not domiciled at 55 Crystal Avenue, #515, Derry, New Hampshire. This act violates RSA 657:24, for a person to knowingly vote by absentee ballot when not entitled to do so, which is a misdemeanor.

The class B felony charge carries a maximum penalty of 3½-7 years of imprisonment and a $4,000 fine. The class A misdemeanor charges carry a maximum penalty of up to one year of imprisonment and a $2000 fine. Additionally, pursuant to the New Hampshire Constitution, anyone convicted of a willful violation of the State's election laws shall lose the right to vote in this State.

The charges and allegations are merely accusations. Ms. Lowndes is presumed innocent unless and until proven guilty.

This case is being prosecuted by Assistant Attorney General Nicholas Chong Yen of the Election Law Unit and Attorney Joshua Speicher of the Criminal Justice Bureau. The investigation into this matter was conducted by Chief Investigator Richard Tracy of the Election Law Unit.

An arraignment date has not been scheduled at this time.

New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658