BY DARRELL HALEN

A former state legislator, who is accused of striking an election worker two years ago, wants to have the assault charge against him thrown out.

Christopher Doyle, now 29, a former Windham selectman, is appealing the charge at the New Hampshire Supreme Court.

Doyle is accused of pushing Gail Webster, now 63, in the chest, knocking her to the floor in March 2005.

The alleged assault occurred in the Golden Brook School gymnasium as local election results were being announced. Doyle had just lost a bid for re-election to the board of selectmen.

Doyle’s father and another man were arguing, and Webster wanted to find a police officer when Doyle allegedly struck her.

Doyle faces a felony charge of assaulting a town officer at an election, which is punishable by up to seven years in prison and a $4,000 fine.

But Doyle’s lawyer, Michael Ricker, argues that the state cannot establish that Webster was discharging the duties of an election official when she was allegedly assaulted.

She was legally disqualified from performing her duties because she was a candidate for cemetery trustee that day, he argues.

Doyle wants the Supreme Court to reverse Superior Court judge Patricia Coffey’s ruling that although Webster should have been disqualified from acting as checklist supervisor, she was not, and therefore he can still be prosecuted.

In late 2005, Doyle agreed to plead guilty to a misdemeanor assault charge, in which a one-year jail sentence would be suspended if he apologized to Webster, performed 100 hours of community service, underwent anger management and resigned from public office.

At the time, Doyle was a member of the New Hampshire House of Representatives and sat on the town’s Zoning Board of Adjustment.

Doyle, however, pulled out of the plea deal. At the same time, his lawyer, Cathy Green, withdrew from his case.

The next lawyer Doyle hired, Peter Anderson, also withdrew, citing Doyle’s inability to pay him.

Doyle did not seek re-election to the Legislature in 2006. In March, 2007, he placed a distant third when three candidates ran for the Zoning Board.

Two seats were available, which were won by Webster and former conservation commission member Dianna Fallon.

Webster denied she was seeking a “grudge match” with Doyle.

Last April, Doyle did not contest a charge, reduced from a misdemeanor to a violation, that he wrote a $333.50 check to register a car in Windham on an account that was closed.

A $500 fine was suspended provided that Doyle, who eventually made good on the check, stay on good behavior for a year.

Doyle could not be reached for comment on this story.