Concord, NH -- Attorney General John M. Formella announces that former New Hampshire State Representative Troy E. Merner, age 63, of Carroll, New Hampshire, has been arrested and charged with one class B felony count of Wrongful Voting in violation of RSA 659:34.  The complaint alleges that Mr. Merner knowingly voted for an office or measure at the March 8, 2023, Lancaster, NH, town election and that he was not qualified to vote in Lancaster as provided in RSA 654, because he was not domiciled there for voting purposes.

Additionally, Mr. Merner has been charged with a class A misdemeanor count of Theft By Deception, in violation of RSA 637:4.  The Theft complaint alleges that pursuant to one scheme or course of conduct, Mr. Merner represented on General Court of New Hampshire mileage cards that he resided in Lancaster, NH, when in fact, he resided in Carroll, NH, resulting in Mr. Merner receiving greater travel reimbursements from the State than he was entitled to receive, in an aggregate amount that did not exceed $1,000. 

Finally, Mr. Merner has been charged with misdemeanor A counts of Unsworn Falsification, RSA 641:3, and Tampering with Public Records or Information, RSA 641:7, in connection with Mr. Merner falsely reporting his address on a General Court of New Hampshire mileage card received by the General Court on or about September 12, 2023. 

As a class B felony, the Wrongful Voting charge carries a potential sentence of 3½ to 7 years in the State Prison and a fine of up to $4,000.  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 remaining class A misdemeanor charges each carry a potential penalty of up to one year in the House of Corrections and a fine of up to $2,000. 

The charges against Mr. Merner are mere allegations, and Mr. Merner is presumed innocent unless and until proven guilty.  Mr. Merner is scheduled to be arraigned on December 28, 2023, at 1:00pm in Coos County Superior Court.

This case is being jointly investigated and prosecuted by members of the Election Law Unit and the Public Integrity Unit and the investigation remains active and ongoing.