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BURLING v. SPEAKER OF THE HOUSE

No. 2002-210.

148 N.H. 143 (2002)

REPRESENTATIVE PETER BURLING & a. v. GENE CHANDLER, SPEAKER OF THE HOUSE & a.

Supreme Court of New Hampshire.

Opinion Issued: July 26, 2002.

Attorney(s) appearing for the Case

Hatem & Donovan, P.C., of Salem (Michael D. Hatem and Bonnie J. Boulanger on the memorandum, and Mr. Hatem orally), for the petitioners.

Hinckley, Allen & Snyder, LLP, of Concord (Michael J. Connolly and Christopher H.M. Carter on the memorandum, and Mr. Carter orally) for the Speaker of the New Hampshire House of Representatives.

Betsy B. Miller, house legal counsel, by memorandum and orally, for the New Hampshire House of Representatives.

John M. Pratt & a., by memorandum, and Mr. Pratt orally, pro se, as amici curiae.

Barry J. Glennon, staff attorney, of Concord, filed no memorandum, for the Secretary of State.

PER CURIAM.

Daniel Webster once said, "[T]he right to choose a representative is every man's portion of sovereign power." Luther v. Borden, 48 U.S. (7 How.) 1, 30 (1849) (statement of counsel).

For the first time in the history of this State, the supreme court is required to scrutinize the process of apportioning the people's right to vote in the election of representatives. That scrutiny has revealed significant anomalies, perpetuated for many years...

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