Barcomb v. Herman

In 1967 the voters of the city of Rochester approved three amendments to the city charter. This suit challenges the validity of these amendments on the ground that they were not drafted or submitted to the voters in accordance with the procedure prescribed by statute. RSA 49-AT2 (Supp. 1975, Laws 1963, 275:1). The Superior Court (Dunfey, J.) ruled that the charter amendments are invalid.

One of the proposed amendments involved the term of persons elected to fill vacancies in the city council. Prior to 1967 the Rochester city charter provided that such persons should serve “for the unexpired…