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By order of November 26, 2007, after a merits hearing, this Court found unconstitutional the Party Access to Voter information Act, Section 46 of RSA 654, That Act amended RSA 654, Voters and Checklists, effective July l8, 2007, to authorize the Secretary of State to provide a political party, for a fee, with the name, address, gender, birth year, voter history, and party affiliation of every registered voter in the state. The definition of "party” effectively limited access to such voter information to the two major political parties — The Democratic Party and the Republican Party. The Libertarian Party of New Hampshire, a so—called "minor party,” instituted this litigation and was ultimately successful in obtaining a declaratory ruling that the statute is unconstitutional.

Before the Court is defendant's Motion to Vacate Sentence. Defendant was sentenced by this Court (Manias, J.) after having been convicted by a jury on September 21, 1995, of criminal restraint, a class B felony. On December 27, 1996, the Court sentenced him to the New Hampshire State Prison for not more than 30 nor less than 10 years under the enhanced penalty statute, finding that the defendant "manifested exceptional cruelty or depravity in inflicting death or serious bodily injury on the victim of his crime." RSA 651:6(I)(d).

Plaintiffs have filed this negligence action for damages arising from a motor vehicle incident which occurred on or about December 16, 2003. Before the Court is plaintiffs’ motion to allow expert disclosure without compliance with RSA 516:29-b. This motion asserts that the disclosure and reporting provisions of the statute, RSA 516:29-b, II & III, do not apply to treating physicians and that the statute is unconstitutional. Defendant objects.