On February 15, Governor Chris Sununu, Attorney General Gordon J. MacDonald, and New Hampshire Lottery Executive Director Charlie McIntyre announced that the New Hampshire Attorney General’s office filed a complaint on behalf of the New Hampshire Lottery Commission with the United States District Court for the District of New Hampshire challenging the United States Department of Justice (DOJ) opinion that the 1961 Wire Act applies to lottery sales over the internet.

“Today New Hampshire is taking action to protect public education in New Hampshire,” said Governor Chris Sununu. “The opinion issued by DOJ puts millions of dollars of funding at risk, and we have a responsibility to stand up for our students.”

“The New Hampshire Lottery has a responsibility to support education in New Hampshire,” New Hampshire Lottery Executive Director Charlie McIntyre said. “Just last year, the New Hampshire Lottery generated $87.5 million in net profits, all of which supports education in New Hampshire, and we expect to generate more than $90 million for education this year. This reversal by DOJ puts that support for education in question.”

Since 1964, the New Hampshire Lottery has had a significant financial impact on the state. For the past 54 years, the New Hampshire Lottery has recorded more than $6.6 billion in lottery sales and other earnings, with over $4.4 billion paid in prizes and other cost of sales. Net proceeds to education total over $2 billion to date.

The complaint filed on February 15 with the United States District Court for the District of New Hampshire is captioned New Hampshire Lottery Commission v. William Barr, in his official capacity as Attorney General, et al. Additionally, a motion for summary judgment was filed as part of the complaint. 

NH Lottery Commission v. Barr:


Declaration of Charles McIntyre

Motion for Summary Judgment

In related news, the law firm Gibson, Dunn & Crutcher has also filed a lawsuit on behalf of their client, NeoPollard Interactive LLC, suing the Justice Department on the reversal of the Wire Act opinion, according to The National Law Journal. NPI provides the internet system powering the New Hampshire Lottery’s iLottery operation.