Articles Posted in New Hampshire Supreme Court

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The New Hampshire Secretary of State transmitted a certified copy of a resolution of the Governor and Executive Council requesting an opinion of the New Hampshire Supreme Court regarding House Bill 1264, an act to amend the definition of “resident” and “residence” in RSA 21:6 and 21:6-a. The Supreme Court concluded the request was proper for it to issue an advisory opinion. The problem that gave rise to the proposed change in the law of residency set forth in HB 1264 was that the definitions were interpreted to impose requirements that went beyond the traditional definition of “domicile. The result – counterintuitive as it may be – is that, notwithstanding the ‘resident’ and ‘residence’ labels used in their titles, to satisfy the current definitions… requires a degree of connection to a place that is greater than that required to be domiciled in this state for voting purposes pursuant to RSA 654:1, I (2016).” To correct this problem, HB 1264 removed the words “for the indefinite future” from the text of RSA 21:6 and :6-a. If HB 1264 became law, out-of-state students who come to New Hampshire to attend a postsecondary institution or others, who were able to establish a “sufficient attachment to the state” to satisfy the requirements of domicile, would be entitled to vote in New Hampshire. “There is nothing unfair or unconstitutional about state laws that require persons to make this choice.” View "Opinion of the Justices (Definition of Resident and Residence)" on Justia Law

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The State appealed a superior court order granting news reporter Nicholas Reid’s (Reid) motion to quash the State’s subpoena compelling him to testify against defendant Carl Gibson. Republican candidate Yvonne Dean-Bailey (Dean-Bailey) was running in a May 19, 2015 special election for State Representative from Rockingham County District 32. On May 14, 2015, the defendant, a volunteer for the opposing Democratic Party candidate, allegedly issued a false press release stating that Dean-Bailey was dropping out of the race. Reid, who was covering the special election as a reporter for the Concord Monitor, received the e-mail with the attached press release and became suspicious because of the form and content of the e-mail and attached file. He contacted a representative of the New Hampshire Republican Party who was unaware of Dean-Bailey withdrawing from the race. Reid then wrote a short article for the May 15, 2015 issue of the newspaper titled “Email claiming Dean-Bailey is conceding called a hoax.” Reid reviewed the metadata of the press release which lead to him finding a way to contact Gibson. Based upon that conversation and his conversations with other sources, Reid wrote a second article published in the Concord Monitor on May 16 under the headline, “Man who sent hoax email from GOP candidate had ‘too many beers’ before ‘prank.’” Defendant was ultimately charged with “False Documents, Names or Endorsements,” attempted voter suppression, and voter suppression. Reid was served with a subpoena requiring him “to testify what [he] know[s] relating to a criminal matter to be heard and tried between the State . . . and Carl Gibson.” Reid moved to quash the subpoena on the ground that it violated his “newsgathering privilege” under Part I, Article 22 of the New Hampshire Constitution and the First Amendment to the United States Constitution. On appeal, the State argued that the trial court erred “by expanding the scope of the news-gathering privilege to include non-confidential sources.” Although Reid based his motion to quash upon the ground that it violated his newsgathering privilege under the State and Federal Constitutions, the trial court based its decision solely upon the State Constitution. The New Hampshire Supreme Court held the trial court’s determination was erroneous, and remanded for the trial court to consider, in the first instance, Reid’s federal constitutional claim. View "New Hampshire v. Gibson" on Justia Law

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Pro-se plaintiff Deborah Sumner appealed a superior court order denying her Right-to-Know Law request put to the New Hampshire Secretary of State. The order also granted defendant’s motion for summary judgment. Sumner sought to inspect ballots cast in the town of Jaffrey during the 2012 general election. The Secretary denied her request, citing RSA 659:95, II (Supp. 2015), which exempted ballots which have been cast from the Right-to-Know Law. On appeal, Sumner argued that RSA 659:95, II, along with RSA 660:16, II (2008) and RSA 669:33, II (2008) (collectively, “the ballot exemption statutes”), violated several articles of the New Hampshire Constitution. After review, the Supreme Court held that the ballot exemption statutes did not violate the State constitution, and, therefore, affirmed. View "Deborah Sumner v. New Hampshire Secretary of State" on Justia Law

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In 2015, the Town of Grafton's three-member selectboard reviewed and discussed the 36 warrant articles to be placed on the ballot for the annual Town meeting scheduled for March 10, including 20 articles that plaintiffs had petitioned to include on the ballot. At the January 20 meeting, one selectboard member moved that the ballot include the phrase “the Selectmen do not recommend this article” relative to each of the plaintiffs’ warrant articles. The motion passed unanimously. On March 5, the plaintiffs filed their petition for injunctive and declaratory relief. The trial court held a final hearing on offers of proof and, on March 9, denied the petition, concluding that RSA 32:5, V-a authorized the Town to place recommendations on any warrant article. Plaintiff Jeremy Olson appealed a superior court order denying a petition he and co-plaintiffs, Thomas Ploszaj, Christopher Kairnes, and Howard Boucher filed for declaratory and injunctive relief against the Town. On appeal, Olson argued that the trial court erroneously determined that it was lawful for the Town to include on the official ballot for the annual Town meeting the phrase, “The Selectmen do not recommend this article,” below each of the plaintiffs’ 20 warrant articles, which the plaintiffs had petitioned to include on the ballot. Finding no reversible error, the Supreme Court affirmed. View "Olson v. Town of Grafton" on Justia Law

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Consolidated cases were brought before the Supreme Court on interlocutory transfer without a ruling from the superior court. Petitioners are New Hampshire voters and the towns and municipalities in which some of them live. They sought a declaration that Laws 2012 Chapter 9 violated the State Constitution. After thorough review of the record, the Supreme Court determined that the petitioners did not meet their burden of proving that the redistricting plan in Laws 2012 Chapter 9 violated the State Constitution, therefore, they were not entitled to the declaration they sought. View "City of Manchester v. Secretary of State " on Justia Law