APPEAL OF MCDONOUGH

No. 2002-814.

149 N.H. 105 (2003)

APPEAL OF PETER MCDONOUGH (Ballot Law Commission)

Supreme Court of New Hampshire.

Opinion Issued: February 11, 2003.


Attorney(s) appearing for the Case

Nixon Peabody, LLP, of Manchester (W. Scott O'Connell and Patricia L. Peard on the brief, and Mr. O'Connell orally), and Shaheen and Gordon, of Concord (Steven M. Gordon on the brief), for the petitioner.

Stephen J. Judge, acting attorney general (Anne M. Edwards, associate attorney general, and Orville B. Fitch, II, assistant attorney general, on the brief), for the State.

Douglas, Monzione, Leonard & Garvey, P.C., of Concord (Charles G. Douglas, III and C. Kevin Leonard on the brief, and Mr. Douglas orally), for John Coughlin.

Richard J. Lehmann, senate legal counsel, and Betsy B. Miller, house legal counsel, by brief for the President of the New Hampshire Senate and the Speaker of the New Hampshire House of Representatives, as amici curiae.

Law Office of Joshua L. Gordon, of Concord (Joshua L. Gordon by brief), for the New Hampshire Citizens Alliance for Action, as amicus curiae.


NADEAU, J.

The petitioner, Peter McDonough, appeals a decision of the New Hampshire Ballot Law Commission (BLC) affirming the New Hampshire Secretary of State's certification of his opponent, John Coughlin, as the winner of the November 5, 2002 election for Hillsborough County Attorney. McDonough also asks us to exercise our original jurisdiction to address his constitutional concerns about New Hampshire straight ticket voting laws. While this appeal was pending,...

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