In a significant development on May 23, New Hampshire Attorney General John M. Formella announced the indictment of Steven Kramer, 54, of New Orleans, LA, on charges of felony voter suppression and misdemeanor impersonation of a candidate. The charges stem from an investigation into misleading robocalls targeting New Hampshire voters.
On January 22, 2024, the Attorney General’s Office revealed that it was investigating reports of robocalls sent to thousands of New Hampshire residents. The calls, featuring an artificially generated voice mimicking President Biden, urged recipients to “save [their] vote for the November election” and misleadingly claimed, “[y]our vote makes a difference in November, not this Tuesday.” The calls appeared to be spoofed to falsely indicate they were sent by the treasurer of a political committee supporting Biden’s write-in campaign in the New Hampshire Democratic Presidential Primary.
Following a thorough investigation, Steven Kramer has been charged with 13 felony counts of voter suppression under RSA 659:40, III, and 13 misdemeanor counts of impersonation of a candidate under RSA 666:7-a. The charges are distributed across four counties based on the residences of the thirteen New Hampshire residents who received the robocalls: Rockingham County (five counts for each statute), Belknap County (three counts), Grafton County (three counts), and Merrimack County (two counts).
“New Hampshire remains committed to ensuring that our elections are free from unlawful interference, and our investigation into this matter continues,” stated Attorney General Formella. “The Federal Communications Commission will separately announce an enforcement action against Mr. Kramer for violations of federal law. I am pleased to see our federal partners are equally dedicated to protecting consumers and voters from harmful robocalls and voter suppression. I hope our enforcement actions serve as a strong deterrent to anyone considering interfering with elections, whether through artificial intelligence or other means.”
RSA 659:40, III, states: “No person shall engage in voter suppression by knowingly attempting to prevent or deter another person from voting or registering to vote based on fraudulent, deceptive, misleading, or spurious grounds or information.” The charges allege that Kramer violated this statute by sending or causing the transmission of pre-recorded messages that disguised the call’s source, used an artificially created voice of a candidate, or provided misleading information to deter thirteen voters from participating in the January 23, 2024, Presidential Primary Election.
RSA 666:7-a stipulates: “Any person who places a telephone call during which the person falsely represents himself or herself as a candidate for office shall be guilty of a misdemeanor.” These charges allege that Kramer, either by his conduct or by the actions of another for which he is legally accountable, knowingly placed calls to thirteen voters falsely representing himself as a candidate.
It is essential to note that the charges against Steven Kramer are merely accusations. He is presumed innocent unless and until proven guilty. The case is being prosecuted by Assistant Attorneys General Brendan O’Donnell and Matthew Conley, with the investigation led by Investigator Richard Tracy of the Department of Justice’s Election Law Unit.
The investigation into the AI-generated President Biden robocalls remains active, with efforts ongoing to identify other potentially responsible parties. The New Hampshire authorities, in cooperation with federal partners, continue to prioritize the integrity of the electoral process, ensuring that voter suppression efforts are thoroughly investigated and prosecuted.
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