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Kelly Ayotte

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Kelly Ayotte
A grinning woman sitting in a chair while wearing a red suit
Ayotte in February 2011
United States Senator
from New Hampshire
Assumed office
January 3, 2011
Serving with Jeanne Shaheen
Preceded byJudd Gregg
New Hampshire Attorney General
In office
June 15, 2004 – July 17, 2009
GovernorCraig Benson
John H. Lynch
Preceded byPeter Heed
Succeeded byMichael Delaney
Personal details
Born
Kelly A. Ayotte

(1968-06-27) June 27, 1968 (age 55)
Nashua, New Hampshire
NationalityAmerican
Political partyRepublican
SpouseJoseph Daley[1]
ChildrenKatherine, Jacob
Residence(s)Nashua, New Hampshire, U.S.
Alma materPennsylvania State University (B.A.)
Villanova University School of Law (J.D.)
Websitewww.ayotte.senate.gov
Campaign website

Kelly A. Ayotte (/[invalid input: 'icon']ˈeɪɒt/ AY-ot;[2] born June 27, 1968) is an American politician and the junior United States senator from New Hampshire, serving since 2011. She is a member of the Republican Party and as of 2013 is the only Republican in New Hampshire's four-member Congressional Delegation.

Born in Nashua, New Hampshire, Ayotte is the graduate from Pennsylvania State University and Villanova University School of Law. She worked as a law clerk for the New Hampshire Supreme Court before entering private practice. She also worked as a prosecutor for the New Hampshire Department of Justice, and briefly served as the legal counsel to New Hampshire governor Craig Benson, before returning to the Department of Justice to serve as deputy attorney general of New Hampshire. In June 2004, Governor Benson appointed Ayotte as attorney general of New Hampshire, after the resignation of Peter Heed. She became New Hampshire's first woman attorney general, serving from 2004 to 2009, after she was twice reappointed by Democratic governor John Lynch. In July 2009, Ayotte resigned as attorney general to pursue a bid for the U.S. Senate, after three term incumbent Judd Gregg announced his retirement from the Senate.

In September 2010, Ayotte won a close victory over lawyer Ovide M. Lamontagne, in the Republican primary. She then defeated Democratic congressman Paul Hodes, with 60% of the vote in the general election, and was later sworn into the U.S. Senate as a member of the 112th Congress, on January 3, 2011. Ayotte was mentioned as a possible running mate for Republican nominee Mitt Romney in the 2012 presidential election.[3][4][5][6]

Early life, education, and career

Ayotte was born in Nashua, New Hampshire on June 27, 1968, the daughter of Kathleen M. (née Sullivan) and Marc Frederick Ayotte. She attended Nashua High School. She received a B.A. from Pennsylvania State University in political science. In 1993, Ayotte graduated from Villanova University School of Law, where she had served as editor of the Environmental Law Journal.[7]

Ayotte clerked for Sherman D. Horton, associate justice of the New Hampshire Supreme Court, for one year. From 1994 to 1998, she was an associate at the Manchester law firm of McLane, Graf, Raulerson & Middleton.[8] In 1998, she joined the office of the New Hampshire Attorney General as a prosecutor. In 2003, Ayotte became legal counsel to Governor Craig Benson. Three months later, she returned to the attorney general's office as deputy attorney general.[9] In June 2004, Ayotte was appointed attorney general of the State of New Hampshire by Governor Craig Benson following Peter Heed's resignation.[10]

New Hampshire Attorney General

Ayotte v. Planned Parenthood of Northern New England

Main article: Ayotte v. Planned Parenthood of Northern New England

In 2003, the Federal District Court for the District of New Hampshire found the New Hampshire law requiring parental notification of a minor's abortion, the Parental Notification Prior to Abortion Act, unconstitutional and enjoined its enforcement. In 2004, New Hampshire attorney general Peter Heed appealed this ruling to the Court of Appeals for the First Circuit, which affirmed the District Court's ruling. In 2004, Ayotte appealed the Appeals Court's ruling to the Supreme Court, over the objection of incoming Democratic governor John Lynch. Ayotte personally argued the case before the Supreme Court. Lynch, upon assuming office as governor, submitted an amicus curiae brief in opposition to the Parental Notification Prior to Abortion Act.

In the case, the Supreme Court vacated the ruling by the District Court and remanded the case back to the District Court.[11] In 2007, the New Hampshire Parental Notification Prior to Abortion Act was repealed by the New Hampshire legislature, rendering a rehearing by the District Court moot.[12]

In 2008, a Federal District Court judge ordered the New Hampshire Department of Justice to pay Planned Parenthood's attorney fees and court costs, finding that Planned Parenthood's position had been upheld at every level of judicial review.[13] In April 2009, Ayotte, as attorney general, authorized a payment of $300,000 to Planned Parenthood.[14]

Prosecution of murder cases

As assistant attorney general, Ayotte prosecuted two defendants for the "Dartmouth Murders" in Etna, New Hampshire. After she became attorney general, she prosecuted the high profile capital murder of a Manchester police officer, Michael Briggs, in 2006. It resulted in a conviction and death penalty sentence.[15] Ayotte has been criticized for pursuing the death penalty in the case, as opposed to seeking life without parole.[16] Members of the slain police officer's family have appeared in television ads for her Senate campaign praising her leadership.[17][18]

Two former prosecutors turned personal-injury attorneys alleged that Ayotte's conduct in the case violated American Bar Association standards of conduct which state that "in making the decision to prosecute, the prosecutor should give no weight to the personal or political advantages or disadvantages which might be involved" and "should not permit his or her professional judgment or obligations to be affected by his or her own political, financial, business, property or personal interests."[19]

Financial Resources Mortgage fraud

Ayotte has been criticized for her former office's alleged refusal to investigate charges against mortgage investment firm Financial Resources Mortgage (FRM)[20] which has been accused of orchestrating a $80–100 million Ponzi scheme. Scott Farah, the former president of Financial Resources Mortgage, was accused of swindling investors out of millions of dollars, using investor funds to pay other investors and his own personal expenses, and has agreed, under a plea agreement, to plead guilty to federal wire and mail fraud charges in exchange for a nearly 20-year prison sentence.[21]

In May 2010, New Hampshire's current attorney general Michael Delaney issued a report[22][23][24][25][26][27][28] faulting New Hampshire's attorney general's office during Ayotte's tenure, the state Banking Department and the state Securities Bureau for failing to investigate complaints against Financial Resources Mortgage. Concurrently, a joint state legislative committee[29][30] conducted an independent investigation and held public hearings. The Joint Legislative Committee to Review the State’s Regulatory Oversight Over Financial Resources Mortgage reached conclusions similar to those of Delaney's report, according to a draft report.[21][31][32][33]

Republican candidate for Governor John Stephen has criticized Ayotte for her lack of oversight of Financial Resources Mortgage's activities. Stephens has said that Ayotte "has to be held accountable" for her and the New Hampshire Department of Justice's failure to act on complaints received about Financial Resources Mortgage's conduct.[34]

Deleted emails

Ayotte's office deleted Ayotte's email and calendar of appointments from their computer systems prior to Ayotte's resignation as New Hampshire attorney general.[35] Two days before Ayotte resigned her post and less than one week before Ayotte filed to run for the Senate Republican primary, Ayotte's office issued a policy memorandum covering deleted emails.[36] The memorandum states that, "While courts have not yet addressed the issue, it is our view that electronic records that have been legally deleted and are available only on system back-up storage media are properly treated as no longer subject to disclosure" under New Hampshire's Right-to-Know Law.[36][37]

On September 10, 2010, the New Hampshire Attorney General's Office released copies of many, but not all, of Ayotte's deleted emails in response to Right-to-Know requests.[38] The Attorney General's Office also reported that many of Ayotte's "deleted" emails could not be recovered because backup tapes on which they had been stored had been re-used.[36][37]

The legality of the permanent deletion of Ayotte's emails by New Hampshire's Attorney General's office is the subject of a law suit currently pending in New Hampshire's Merrimack County Superior Court.[36]

On October 11, 2010, Paul Hodes, Democratic candidate for the Senate, accused Ayotte of using a capital murder case that Ayotte prosecuted in 2006 for political gain and for politicizing the case. Hodes based his accusation upon emails exchanged between Ayotte and Rob Varsalone, currently Ayotte's campaign strategist, during 2006.[39][40] The emails were released to the public by the New Hampshire Department of Justice on September 10, 2010 under a Right-to-Know request. Subsequently, Hodes has suggested, based on Ayotte's released emails, that Ayotte's political ambitions may have in part motivated Ayotte's decision to seek the death penalty in the case.[39][40]

New Hampshire Institute of Politics

Ayotte previously served as a board member of the Public Advisory Board at the New Hampshire Institute of Politics at Saint Anselm College while Attorney General.[41]

U.S. Senate

2010 election

Main article: United States Senate election in New Hampshire, 2010
Ayotte campaigning in Amherst, New Hampshire on Independence Day 2010

Incumbent Republican U.S. Senator Judd Gregg decided to retire, instead of seeking re-election in the 2010 senate election in New Hampshire. Ayotte resigned as attorney general on July 7, 2009 to explore a run for U.S. Senate in 2010.[42][43][44] Ayotte was recruited by the National Republican Party (National Republican Senatorial Committee) in Washington to enter the race.[45][46][47][48] On September 14, 2010, Ayotte defeated lawyer Ovide M. Lamontagne, businessman Bill Binnie and Jim Bender in the Republican Senate primary. In the general election, Ayotte ran against Democratic nominee U.S. Representative Paul Hodes, Libertarian nominee Ken Blevens, and Independent Chris Booth.

Endorsements

Many prominent GOP figures went to New Hampshire to help Ayotte in her 2010 campaign, including John McCain, Sarah Palin, Mitt Romney, Haley Barbour, and Rick Santorum.[49] According to one senior GOP aide, “The addition of a Republican woman from New England who’s young, who’s a mom … all of these things broaden the Republican party’s appeal and say to different segments of the population, ‘This party has folks in it that are just like you.’”[49]

Committee assignments (113th Congress)

Political positions

Abortion

Ayotte is pro-life and believes that abortion should be prohibited except in cases of rape, incest, or life of the mother.[50][dead link]

Gay marriage and adoption by same-sex couples

Ayotte opposes same-sex marriage and adoption by same-sex couples, which are both legal in New Hampshire.[50][50][51] Ayotte resigned as state attorney general shortly after Governor John Lynch signed a set of three same sex marriage bills into law to which she was opposed.[52]

I absolutely support and believe in marriage as between a man and a woman, and I do think it's unfortunate that our state has made a different decision on that. And I know that many of you who are out there working at the state level, running for state office, I commend your efforts to repeal that law here in the state of New Hampshire. And I think that's very important. I do not think that we should overturn DOMA because absolutely, for states to decide marriage, we don't want one state's decision impacting another state's. So I would vote against any repeal of DOMA because of that. And I wish you all well and I would love to help with any effort to get our law back in the right place on this.

— Ayotte at the June 5th 2010 Americans For Prosperity/NH – Cornerstone Action Senatorial Debate[53]

In 2008 Ayotte joined other attorneys general to repudiate same-sex marriages performed in other states, however she changed her position when informed that New Hampshire already recognizes these marriages.[54]

Labor rights and minimum wage

Ayotte opposes passage of Employee Free Choice Act ("Card Check"), a bill currently under consideration by Congress that proposes to amend the National Labor Relations Act in a way that would allow unions to automatically be formed and would bypass the secret ballot whenever the National Labor Relations Board verifies 50% of the employees at a company sign authorization cards.[55]

Ayotte opposes any increase in the minimum wage,[56] including legislation that would increase the minimum wage based on cost-of-living adjustments.[57]

Ayotte opposes passage of legislation that mandates that employers provide paid sick leave to their employees.[57]

Gun rights

Ayotte states that she supports an individual's right to bear arms and Second Amendment rights.[50] Ayotte supported the U.S. Supreme Court's overturning of the Washington, DC and City of Chicago gun ownership bans. As Attorney General, Ayotte fought against the reauthorization of the Federal Assault Weapons Ban.[58]

In contrast, however, Ayotte opposed establishing a Castle Doctrine on the 2nd amendment. In 2006 Ayotte opposed a Republican-backed bill that would clearly establish a Castle doctrine for New Hampshire. Democratic Governor John Lynch sided with Ayotte and vetoed the bill.[59] Ayotte was one of 16 Republicans who voted "Yea" in 2013 on a Motion to Invoke Cloture on the Motion to Proceed to S.649, the Democrat-backed gun rights infringement package including provisions such as the elimination of private transfers arranged at gun shows or on the Internet.[60]

Climate change

Ayotte questions the findings of scientific studies that human activity has caused significant climate change.[61] Ayotte says that "there is scientific evidence that demonstrates there is some impact from human activities. However I don't think the evidence is conclusive."[62]

Health care

Ayotte supports state administered healthcare programs such as SCHIP and federal tax credits that serve to reduce the number of uninsured.[63]

Medical marijuana

Ayotte thinks marijuana should go through the FDA process before being approved.[64]

Social Security

Ayotte has stated that she is open to raising the Social Security retirement age for younger workers.[57]

U.S. Supreme Court

Ayotte opposed the confirmation of Justice Elena Kagan, stating that Kagan is unqualified.[65] Ayotte has said that she probably would have voted in favor of confirming Justice Sonia Sotomayor.[66]

Government spending

Ayotte favors passage of a balanced budget amendment to the U.S. Constitution.[67] Ayotte favors ending any additional spending under the American Recovery and Reinvestment Act of 2009 (the "Stimulus Bill") and the Emergency Economic Stabilization Act of 2008 ("TARP").[68][68]

Ayotte believes that Congress should end the process of earmarking.[68]

"I wouldn't have supported the TARP or the bailouts," Ayotte told a reporter. "Let the market adjust and pick the winners and losers. I do not think we should have bailed out the private sector. You start a business and when you succeed, the fruits of that is profits and when you fail, you pay the price."[62]

To counter the federal government's debt and deficit problem, Ayotte proposes that every government department cut its budget by 20 percent from current levels, though "some may cut more, some may cut less."[62][69] "We are on the path to bankrupt the greatest nation in the world."[62][69]

Financial regulation

Ayotte opposed passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act, on her belief that it failed to directly address the "problem of" Fannie Mae and Freddie Mac, and that the Act imposes additional regulatory burdens on community banks.[70]

References

  1. ^ a b "Sen. Kelly Ayotte (R-N.H.)". Roll Call. Retrieved February 17, 2012.
  2. ^ "inogolo – Pronunciation of Kelly Ayotte". Retrieved July 13, 2012
  3. ^ "More Veepstakes Vetting? Romney Fishes With Ayotte". bloomberg.com. April 30, 2012. Retrieved January 28, 2013.
  4. ^ "Kelly Ayotte: 'It's An Honor To Be Mentioned' As Potential Mitt Romney VP (VIDEO)". huffingtonpost.com. July 29, 2012. Retrieved January 28, 2013.
  5. ^ "Ayotte Would Add Youth, Conservatism As VP Choice". npr.org. August 4, 2012. Retrieved January 28, 2013.
  6. ^ "Welcome to Veep Club!". washingtonpost.com. June 22, 2012. Retrieved January 28, 2013.
  7. ^ "About Kelly". Kelly Ayotte for U.S. Senate.
  8. ^ "Kelly A. Ayotte (NH)". Project Vote Smart.
  9. ^ Cullen, Fergus (2010-03-27). "Kelly Ayotte's rise combines merit and preparation". New Hampshire Union Leader.
  10. ^ Attorney General Resigns Over Misconduct Allegation. NHPR.org (2004-06-16). Retrieved on 2010-11-13.
  11. ^ Ayotte V. Planned Parenthood Of Northernnew Eng. Law.cornell.edu. Retrieved on 2010-11-13.
  12. ^ Planned Parenthood to have attorney's fees paid, Seacoastonline.com.
  13. ^ Dandurant, Karen (2008-09-04). "Planned Parenthood to have attorney's fees paid". Seacoastonline.com. Retrieved 2010-09-09.
  14. ^ In ’09, Ayotte OK’d settling abortion case, Nashua Telegraph, September 3, 2010
  15. ^ Jury issues first death sentence in New Hampshire since the 1950s, New York Times, November 19, 2008
  16. ^ Execution numbers decline, Nashua Telegraph, December 19, 2009
  17. ^ Ayotte Ad Features Family Of Michael Briggs – Politics News Story – WMUR Manchester. Wmur.com (2010-08-04). Retrieved on 2010-11-13.
  18. ^ Briggs family in Ayotte ad. Concord Monitor (2010-08-05). Retrieved on 2010-11-13.
  19. ^ "In Briggs case, Ayotte was thinking politics" (October 14, 2010) Concord Monitor
  20. ^ Kelly Ayotte, Josh McElveen (2010-06-03). Ayotte Says She Will Appear Before FRM Committee. New Hampshire: WMUR-TV. Archived from the original on 2010-06-03. Retrieved 2010-08-11.
  21. ^ a b Ramer, Holly. (2010-09-24) Plea deal for head of failed NH mortgage firm. BusinessWeek. Retrieved on 2010-11-13.
  22. ^ Publications; Reports – NHDOJ. Doj.nh.gov. Retrieved on 2010-11-13.
  23. ^ Report of the Attorney General to the Governor and Executive Council, May 12, 2010
  24. ^ Appendix A
  25. ^ Appendix B
  26. ^ http://doj.nh.gov/publications/documents/frm_exhibit.pdf
  27. ^ http://doj.nh.gov/publications/documents/frm_exhibit_multi.pdf
  28. ^ http://doj.nh.gov/publications/documents/me_first_supp.pdf
  29. ^ NH General Court – Joint Legislative Committee FRM. Gencourt.state.nh.us. Retrieved on 2010-11-13.
  30. ^ NH General Court – Joint Legislative Committee FRM. Gencourt.state.nh.us. Retrieved on 2010-11-13.
  31. ^ Bureau of Securities Regulation. (PDF) . Retrieved on 2010-11-13.
  32. ^ Ayotte's fault. Concord Monitor (2010-09-12). Retrieved on 2010-11-13.
  33. ^ Blame Ayotte. Concord Monitor (2010-09-13). Retrieved on 2010-11-13.
  34. ^ Lynch, Stephen accuse each other of misleading voters – Friday, Oct. 1, 2010. Unionleader.com (2010-10-01). Retrieved on 2010-11-13.
  35. ^ David Catanese (2010-05-03). "Fraud case complicates Ayotte bid". Retrieved 2010-10-08.
  36. ^ a b c d Court to rule on status of Ayotte e-mail. Concord Monitor (2010-09-30). Retrieved on 2010-11-13.
  37. ^ a b Ayotte: Release my e-mails – David Catanese. Politico.Com. Retrieved on 2010-11-13.
  38. ^ Ayotte e-mails from work: Should I run? – Saturday, Sep. 11, 2010. Unionleader.com. Retrieved on 2010-11-13.
  39. ^ a b Hodes zeroes in on e-mails. Concord Monitor (2010-10-13). Retrieved on 2010-11-13.
  40. ^ a b Hodes zeroes in on Ayotte e-mails – David Catanese. Politico.Com. Retrieved on 2010-11-13.
  41. ^ "New Hampshire Institute of Politics: Saint Anselm College". Anselm.edu. Retrieved 2010-08-23.
  42. ^ Blake, Aaron (2009-06-17). "Ayotte for NH Senate?". Briefing Room: The Hill's Blog. Retrieved 2008-07-08.
  43. ^ "AG Ayotte resigns, eyes Senate run". New Hampshire Union Leader. 2009-07-07. Retrieved 2008-07-08.
  44. ^ Ovide Lamontagne to raise funds for rival – Shira Toeplitz. Politico.Com. Retrieved on 2010-11-13.
  45. ^ Fabian, Jordan. (2010-10-02) McCain campaigning in New Hampshire for key NRSC recruit Ayotte – The Hill's Ballot Box. Thehill.com. Retrieved on 2010-11-13.
  46. ^ Toeplitz, Shira (2010-09-22). "Politico: Lamontagne steps up to raise money for Ayotte". New Hampshire Union Leader. Retrieved 2010-09-27.
  47. ^ Ovide Lamontagne to raise funds for rival – Shira Toeplitz. Politico.Com. Retrieved on 2010-11-13.
  48. ^ Condon, Stephanie. (2010-09-15) Kelly Ayotte, Ovide Lamontagne Too Close to Call in New Hampshire GOP Primary – Political Hotsheet. CBS News. Retrieved on 2010-11-13.
  49. ^ a b "GOP has plans for Ayotte if she wins" (October 19, 2010) Roll Call (formerly CQ)
  50. ^ a b c d Shira Schoenberg (2009-08-12). "Ayotte stresses security". Concord Monitor.
  51. ^ Senate Candidates Trade Attacks In Debate – News Archive Story – WMUR Manchester. Wmur.com (2010-10-11). Retrieved on 2010-11-13.
  52. ^ NH RSA Chapter 475: "Marriages"
  53. ^ Kelly A. Ayotte (2010-06-05). AFP-Cornerstone Senatorial Debate Question 8: Stance on gay marriage? Support Federal DOMA?. Manchester, New Hampshire: Youtube. Retrieved 2010-08-26.
  54. ^ Monitor staff (2008-06-03). "Opinion: Ayotte's gay marriage fight: wrong (and brief)". Concord Monitor. Retrieved 2010-09-09.
  55. ^ Granite State Values Critical to Economic Recovery | Kelly Ayotte. Ayotteforsenate.com. Retrieved on 2010-11-13.
  56. ^ Love, Norma. (2010-09-22) NH senate candidates face off in radio forum. BusinessWeek. Retrieved on 2010-11-13.
  57. ^ a b c Foes Hodes, Ayotte face off in 1st debate, Nashua Telegraph, September 23, 2010
  58. ^ Sportsmen for Kelly | Kelly Ayotte. Ayotteforsenate.com. Retrieved on 2010-11-13.
  59. ^ [1]. Retrieved on 2011-03-01.
  60. ^ Roll Call Vote: Motion to Invoke Cloture on the Motion to Proceed to S.649. senate.gov. Retrieved on 2013-04-14.
  61. ^ Climate Change Skeptics Sweeping GOP Senate Primaries. NYTimes.com (2010-09-20). Retrieved on 2010-11-13.
  62. ^ a b c d Ayotte wants budget cuts. SeacoastOnline.com. Retrieved on 2010-11-13.
  63. ^ John Distatso (2009-09-28). "Ayotte testing political waters, wants neutral legacy". The Union Leader.
  64. ^ Kelly A. Ayotte (2009-08-21). Kelly Ayotte at the Manchester GOP Candidate Fair and Straw Poll. Manchester, New Hampshire: NHCommonSense. Retrieved 2010-08-26.
  65. ^ "Ayotte calls Justice Kagan 'unqualified'", Concord Monitor, 2010-08-07, retrieved 2010-08-09
  66. ^ Kelly A. Ayotte (2009-09-08). Kelly Ayotte at the Bedford Republican Committee. Bedford, New Hampshire: Bedford Community Television. Event occurs at 35m55s. Retrieved 2010-08-09.
  67. ^ Budget and Spending | Kelly Ayotte. Ayotteforsenate.com. Retrieved on 2010-11-13.
  68. ^ a b c Time to stop the spendathon in Washington | Kelly Ayotte. Ayotteforsenate.com. Retrieved on 2010-11-13.
  69. ^ a b Candidates pitch policies over breakfast. Concord Monitor (2010-10-04). Retrieved on 2010-11-13.
  70. ^ Senate candidates square off – Page 2. Concord Monitor. Retrieved on 2010-11-13.

External links

Wikimedia Commons has media related to Kelly Ayotte.
U.S. Senate
Preceded by United States Senator (Class 3) from New Hampshire
January 3, 2011–present
Served alongside: Jeanne Shaheen 		Incumbent
Legal offices
Preceded by New Hampshire Attorney General
2004–2009 		Succeeded by
Party political offices
Preceded by Republican nominee for U.S. Senator from New Hampshire
(Class 3)
2010 		Most recent
U.S. order of precedence (ceremonial)
Preceded by United States Senators by seniority
84th 		Succeeded by

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