FISCHER v. GOVERNOR

No. 98-695.

145 N.H. 28 (2000)

DAVID J. FISCHER v. GOVERNOR & a.

Supreme Court of New Hampshire.

March 24, 2000.


Attorney(s) appearing for the Case

Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon on the brief and orally), for the plaintiff.

Philip T. McLaughlin, attorney general (Martin P. Honigberg, senior assistant attorney general, and Mary E. Schwarzer, attorney, on the brief, and Mr. Honigberg orally), for the State.

Michael, Jones & Wensley, of Rochester, for the defendants, the City of Rochester and the Rochester Board of Supervisors of the Checklist, filed no brief.

Marc Mauer, of Washington, D.C., by brief, for The Sentencing Project, as amicus curiae.

Gillian E. Metzger & a., of New York, New York, by brief, for Brennan Center for Justice at New York University School of Law, as amicus curiae.

Emily Bolton, of New Orleans, Louisiana, by brief, as amicus curiae.


BRODERICK, J.

The State appeals a ruling of the Superior Court (Brennan, J.) that the felon disenfranchisement statutes, RSA 607-A:2 (1986) and RSA 654:5 (1996), violate Part I, Article 11 of the New Hampshire Constitution. It argues that the legislature has constitutional authority under Article 11 to determine voter qualifications and that the legislature reasonably excluded incarcerated felons from the franchise. Alternatively, it argues that if no such...

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