(File photo) Rochester Democrat Kathleen Cavalaro, candidate for state representative

CONCORD — A TikTok video posted last week by Democratic state representative candidate Kathleen Cavalaro of Rochester triggered complaints that were investigated by members of the Attorney General’s Election Law Unit, communications director Michael Garrity said Monday in a statement.

The video, posted on May 23, included statements “regarding Massachusetts residents being able to vote in New Hampshire elections,” according to the statement.

In the video, Cavalaro makes the following statement that appears to be directed at Massachusetts residents: “You can actually vote for me. Just get on one of those buses that comes in from Massachusetts and go to Ward 2 in Rochester and vote for me.”

According to Garrity, a review of the comments to the video indicates that the top comment on the video is a “pinned” comment from Cavalaro, also posted on May 23, that states, “for legal reasons and bc Repubs (because Republicans) are not funny, this is a joke. I am making fun of Republicans.”

Based on the comment from Ms. Cavalaro that her video post is intended to be a joke, and following an interview with her, the Attorney General’s Office concludes that the video does not constitute criminal solicitation to wrongfully vote, and is protected speech under the First Amendment. Nonetheless, given that there is a risk that the video post could result in voter confusion, or lead to a criminal act if a Massachusetts resident votes in New Hampshire, the AG’s office has requested that Cavalaro consider removing the video post from her Tiktok account.

In the alternative, officials ask Cavalaro to use her social media platform(s) to clarify that registering to vote in New Hampshire requires that a person must be domiciled in New Hampshire, Garrity wrote.

In addition to being domiciled in New Hampshire, people registering to vote in New Hampshire must meet all qualifications under the law.

It is a criminal act for a resident from another state who is not domiciled in New Hampshire to either register to vote or to vote in the state, Garrity added. More information regarding voting and voter registration can be found on the “Voting in New Hampshire” page, which is available atwww.sos.nh.gov/elections/voters/voting-new-hampshire.

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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