Articles Posted in New Hampshire Supreme Court

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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