Libertarian Party of NH
PO Box 5293
Manchester, NH 03108
FOR IMMEDIATE RELEASE
Concord -- On Thursday, August 17, the New Hampshire Supreme Court issued a decision in AKINS etal, vs. Secretary of State, which challenged current law which always puts the winning party first on the ballot (RSA 656:5).
The court ruled that the law did not pass strict scrutiny and is thus unconstitutional under Part I, Article 11 of the New Hampshire Constitution. This reversed an earlier decision by the state Superior Court, and party affiliation or past election results will no longer provide an undue advantage on the ballot.
"We are quite pleased at the results. Election laws should be fair to all with no advantage to any one particular party or individual. We look forward to other election law changes that would level the playing field in accordance with Article 11 of the Bill of Rights in New Hampshire Constitution." said LPNH chairman John Babiarz.
To read the full opinion, go to: http://www.courts.state.nh.us/supreme/opinions/2006/index.htm