Kibbe v. Town of Milton

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, 11(b) (1996). The plaintiff, Mary G. Kibbe, an unsuccessful candidate in the election, appeals this ruling. We reverse and remand.

During a town election in the defendant Town of Milton (town) in March 1996, the plaintiff ran for the position of selectman. She and one…