Legal Opinion

Opinion of the Justices

Supreme Court of New Hampshire

Decided December 16, 1974No. 7089PublishedCited by 4 opinions

1Opinion of the Court

To His Excellency the Governor and the Honorable Council:

In the resolution you pose the questions whether write-in votes cast on voting machines in “one-choice” election contests should be counted by the secretary of state pursuant to RSA 59:98, by the ballot law commission according to RSA 68:4 II, and by the Governo'r and the Executive Council under RSA 63:7, 8. The right of citizens to vote is guaranteed by both the Federal and State Constitutions. U.S. Const, art. 1, § 2; amend. XVII; N.H. Const, pt. I, art. 11; State v. Sullivan, 101 N.H. 429, 430, 146 A.2d 1 (1958). A ballot is a…

2Cases cited14 opinions

  1. Smiley v. HolmSupreme Court of the United States · 1932
  2. Roudebush v. HartkeSupreme Court of the United States · 1972
  3. City of Keene v. Gerry's Cash Market, Inc.Supreme Court of New Hampshire · 1973
  4. Murchie v. CliffordSupreme Court of New Hampshire · 1911
  5. State v. SullivanSupreme Court of New Hampshire · 1958

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3Cited by4 opinions

  1. Wyman v. DurkinSupreme Court of New Hampshire · 1974
  2. Opinion of the JusticesSupreme Court of New Hampshire · 1976
  3. Durkin v. Hillsborough County Superior CourtSupreme Court of New Hampshire · 1974
  4. Kibbe v. Town of MiltonSupreme Court of New Hampshire · 1997

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