What should happen when legislators misbehave?

This year both the New Hampshire Legislature and U.S. Congress have been rocked by stories of misbehavior. When a legislator commits a crime, there is a clear process to determine wrongdoing, but the path forward is less clear when there are accusations of sexual misconduct, harassment, or verbal attacks. This article provides an overview of disciplinary options up for debate in the New Hampshire Legislature.

Recent misbehavior by legislators

In 2026, there have been several notable moments of misconduct among New Hampshire legislators. In February, Rep. Paige Beauchemin (D-Nashua) made an obscene gesture towards Gov. Kelly Ayotte during her State of the State address. In March Rep. Travis Corcoran (R-Weare) posted on X, "We need a final solution for theater kids in politics”; that post apparently referenced Hitler’s “Final Solution to the Jewish Question” and was directed to a fellow lawmaker who is Jewish. In April, Rep. Ellen Read (D-Newmarket) yelled profanity outside a public hearing room; this was not the first time she has shouted profanity during the course of House business. Also, this spring, the New Hampshire Senate acted on allegations that Sen. Tim McGough (R-Merrimack) verbally abused Senate staff.

These examples are just the most recent. Over the past decade legislators have been called out for yelling the N-word at a young Black organizer, authoring a misogynistic blog, suggesting public flogging at the Statehouse, assaulting a political opponent, and more. The problems are bad enough that House Speaker Sherman Packard frequently includes a message about conduct in the weekly House Calendar. On April 24 he wrote, “As always, please make every effort to be civil, kind and professional with your colleagues, staff, and constituents. … As elected officials we should hold ourselves to high standards even in the most contentious of times.”

Consequences in the House of Representatives

The leadership in the New Hampshire House and Senate have several levers they can pull to discipline legislators. First, the Speaker of the House and the Senate President have the power to remove legislators from committees. This power is not only used in response to misconduct, however. Legislators have been removed for smaller slights or voting against the party line.

This year legislative leaders went a step further. House Speaker Sherman Packard banned Rep. Ellen Read from the House chamber, ante-room, and gallery, except on voting days. Senate President Sharon Carson stripped Sen. Tim McGough of any staff. These are rare actions, at the discretion of the House Speaker and Senate President.

Legislators outside of leadership may make a motion to reprimand a colleague, although that has no impact on their continued service. For example, in February a majority of the House of Representatives voted to formally reprimand Rep. Paige Beauchemin, and she continues to serve.

For a more involved proceeding, Representatives may vote on a motion for the Legislative Administration Committee to consider a formal reprimand, censure, or expulsion for a legislator.

For example, the House voted for the Legislative Administration Committee to review the behavior of Rep. Travis Corcoran. The Committee held a public hearing on the matter April 27, and they will deliver a recommendation to the full House on further action.

Who should choose consequences – leaders, legislators, or voters?

The last time the House referred misconduct to the Legislative Administration Committee was 2017, and it did not result in any reprimand. In fact, the Legislature hasn’t approved an expulsion in over a century. The last time they came close was 2004, when Rep. John Kerns of Bedford was charged for passing a bad check with “State of New Hampshire” written on it. Kerns resigned before the House voted on his expulsion. Resignation is often the choice of legislators when more formal punishment seems likely.

At the April 27 hearing on Rep. Travis Corcoran, Rep. Jessica Grill (D-Manchester) – the target of Rep. Corcoran’s post – urged the Legislative Administration Committee to recommend expulsion of Rep. Corcoran. “This is not the time for half measures,” she said. “I ask that rather than do nothing this committee has the chance to clearly take a stand, make it clear that this behavior is not OK.”

Meanwhile, not everyone agrees that offensive remarks should face discipline. When asked about the Committee action against Rep. Corcoran, House Majority Leader Jason Osborne told NHPR, “I think at the end of the day, everyone realizes that members have free speech, and you might not like all of it.”

Some legislators express concern that discipline could be abused for partisan gain. Although Rep. Corcoran is a member of the majority party, at the April 27 hearing he said, “What is being protected here is not decorum; it is political theater as a disciplinary weapon.” 

The reluctance to discipline or expel legislators may also be due to the fact that New Hampshire’s two-year terms are among the shortest in the nation. It’s always a quick turnaround before voters get the chance to pass judgement. New Hampshire’s terms are so short, in fact, that local officials often choose to forgo special elections and leave seats vacant when legislators resign or pass away.

Some states offer voters a potentially quicker intervention: recall elections. Nineteen states offer some form of recall elections, which may take place after a certain threshold of voters sign a petition. For example, there was an attempt to recall California Governor Gavin Newsom during the COVID-19 pandemic.

New Hampshire legislators have repeatedly voted against authorizing recall elections, however, often citing New Hampshire’s frequent regular elections. The cost of holding special or recall elections can also be significant.

Ultimately, if New Hampshire voters are displeased with the behavior of their representatives, it’s up to them to implement the consequences on Election Day.