KIBBE v. TOWN OF MILTON

No. 96-771.

142 N.H. 288 (1997)

MARY G. KIBBE v. TOWN OF MILTON & a.

Supreme Court of New Hampshire.

September 18, 1997.


Attorney(s) appearing for the Case

McKittrick Law Offices, of North Hampton (J. Joseph McKittrick on the brief and orally), for the plaintiff.

McNeill & Taylor, P.A., of Dover (Lynne M. Dennis and Malcolm R. McNeill, Jr. on the brief, and Mr. McNeill orally), for the defendants.


BROCK, C.J.

The Superior Court (Fitzgerald, J.) ruled that the use of stickers bearing a particular candidate's name as write-in votes in a town election did not invalidate the election of that candidate because the "clear intent of the voters" should prevail over a statute prohibiting the attachment of stickers to ballots. See RSA 659:65, II(b) (1996). The plaintiff, Mary G. Kibbe, an unsuccessful candidate in the election, appeals this ruling. We reverse...

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