NHCaseLaw.com

Before the Court is a Petition for Declaratory Judgment which challenges as unconstitutional the provisions of RSA 656:5 which mandate that "the names of the candidates of the party which received the largest number of votes at the last preceding state general election shall be listed first" and that within each party the candidates be listed alphabetically. The petitioners allege that RSA 656:5 violates Part I, Article 11 of the New Hampshire Constitution, which guarantees that all citizens having proper qualifications shall have an equal right to be elected into office; and Part I, Articles 1,2,10,12 and 14, which guarantee equal protection under the law. The petitioners request that the Court define an "impartial" method for creating ballots in place of RSA 656:5 and declare any provision contrary to that "impartial" method unconstitutional.