This story was originally produced by the Concord Monitor. NHPR is republishing it in partnership with the Granite State News Collaborative.
The House put the censure vote of a state representative on its calendar this week, following pointed remarks on social media toward other representatives.
Rep. James Spillane, a Republican who represents the towns of Auburn, Candia and Deerfield, made “offensive and demeaning” posts on X toward Rep. Cathryn Harvey and Rep. Timothy Horrigan earlier this year, according to a July 1 report from the Legislative Ethics Committee.
Spillane said he had no comment when reached by the Monitor on Monday afternoon.
In an initial post, Spillane referred to Harvey as a “liar.” Horrigan responded to that post, which led to Spillane calling the Durham Democrat “retarded.” Additionally, Spillane said Horrigan’s mother “f—-d her cousin,” and accused him of dropping acid in the 60s, according to the report. The Monitor could not find the posts on either of the representatives’ X accounts.
Harvey, Horrigan and Rep. Paul S. Berch filed a complaint alleging that Spillane violated parts of the ethics guidelines stating legislators should conduct government “openly, equitably and honorably” and should treat other legislators “with dignity and respect.”
At a hearing on June 24, Spillane confirmed that he made those comments on X, but said that they were not made in performance of his duties as a state legislator and it should not fall under the committee’s purview. He also argued his comments are covered by protected speech in the federal and state constitutions.
The committee denied a motion to dismiss from Spillane’s counsel, arguing his comments did fall under its jurisdiction. The interaction between Spillane and the other representatives stemmed from legislation Spillane sponsored but the others opposed.
“While he may have a legal right to make offensive or demeaning comments about other members, the legislature also has the authority to establish standards and to regulate its membership, which includes the power to sanction legislators for violating those standards,” the report said.
The committee said it found “clear and convincing evidence” that the charges against Spillane were true and recommended that the House censure him. A spokesperson for the House could not confirm whether the House will vote on Spillane’s censure during its next House session on Wednesday, which coincides with several hearings Gov. Kelly Ayotte’s vetoes.
Though censuring is generally a rare move, the body censured Rep. Travis Cocoran in May for two posts — one advocating for the deportation of Rep. Luz Bay, a naturalized citizen, and the other using antisemitic language toward Rep. Jessica Grill, who is Jewish.
