CONCORD, N.H. — The New Hampshire Supreme Court on Friday rejected an appeal by former Republican House Speaker Bill O’Brien, saying he suffered no harm from a 2010 primary election eve “robocall” message from the state Democratic party.

O’Brien, a conservative, sought to run on both the Republican and on the Democratic ticket, which had a vacant slot.

The Democrats attempted to capitalize on this with a prerecorded message that O’Brien had asked to join the Democratic Party and carry out its progressive agenda. The message went to nearly 400 households.

“If he wins tomorrow, we expect Bill O’Brien will embrace the Democratic Party’s platform, support President Obama, national health care reform and stand up for gay marriage and protect a woman’s right to choose,” the message from Democratic Chair Ray Buckley stated in part.

O’Brien did not secure enough votes on the Democratic primary to appear on the general election ballot as a Democrat. But he was the top Republican vote-getter and handily won re-election.

The court said Friday O’Brien has no right to seek damages because he suffered no injury as a result of the ad. The court upheld the trial court’s interpretation of the robocall law as being designed to protect the privacy of the persons receiving the automated phone calls, not the people mentioned in the ad.

O’Brien was seeking more than $1 million in damages.

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