The Goffstown Public Library is still deciding whether to publish a recent candidate survey, after a superior court judge dismissed a petition from two Republican candidates trying to block its release.
Ross Berry, who is running for a House seat, and Keith Murphy, who is running for the State Senate, alleged that the library’s candidate questionnaire violated the state’s electioneering rules for public employees. Before the candidates filed their civil complaint, they first consulted with the New Hampshire Attorney General’s office, who said that the library’s actions were likely legal.
In a ruling Tuesday, Judge Michael Klass didn’t address the legality of the library’s actions but instead said Berry and Murphy lacked standing to seek court action in the first place, since the state’s electioneering law doesn’t lay out an option for a civil suit. Instead, the judge noted that enforcing electioneering claims is up to the Attorney General’s office.
The Attorney’s General office is still reviewing a separate complaint Berry filed with their office about the library survey.
Meanwhile, Berry said that he won’t appeal the court’s decision.
“To continue to do it would eat up the town’s resources for something that ultimately may or may not prevail,” said Berry, who served two terms in the House representing Manchester, before moving to Goffstown.
But if re-elected, Berry said he would seek to change the law to allow judges to look into complaints alleging electioneering violations.
Goffstown Library Director Dianne Hathaway said she and her staff put the survey together with community input, and she wishes the lawsuit hadn’t happened. The survey included questions about how candidates planned on supporting reproductive rights given that many in the state favor them and how candidates plan on addressing disparities found in LGBTQ+ communities
“I think it’s just an attempt to stop dialogue about important issues,” she said, “and if anything we should be talking more about the issues that are affecting all of us.”
Hathaway said they are still accepting responses to the survey, even though the original deadline has passed.
She said the library’s board of directors will vote Wednesday night on whether they plan on publishing the survey’s results.