in highlighting the non-problem of voter fraud in New Hampshire and elsewhere, O’Keefe’s agents appear to have committed voter fraud themselves. Section 659:34 of the New Hampshire code defines voter fraud as when a person (highlights are ours):
(a) When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, and election day registration affidavit, a qualified voter affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;
(b) Votes more than once for any office or measure;
(c) Applies for a ballot in a name other than his or her own;
(d) Applies for a ballot in his or her own name after he or she has voted once;
(e) Votes for any office or measure at an election if such person is not qualified to vote as provided in RSA 654; or
(f) Gives a false name or answer if under examination as to his or her qualifications as a voter before the supervisors of the checklist or moderator.
In addition, O’Keefe’s group may have run afoul of New Hampshire’s law against hidden recording devices. Granite State law requires both parties to consent when recording devices are used, a fact that even O’Keefe’s own website notes. However, the video gives no indication that poll workers were aware they were being filmed.