Opinion
No. 5835.
Argued August 15, 1968.
Decided August 15, 1968.
1. The Ballot Law Commission is vested with exclusive jurisdiction (RSA 68:3) to pass upon objections to nominations at a primary election which are filed with the Secretary of State within a specified time after publication of results of the primary, but no statutory authority is vested in the Secretary of State to pass upon objections in advance of the primary to a statement in the declaration of candidacy of a candidate that he was a registered member of a specified party.
Leonard, Leonard Prolman and Gerald R. Prunier (Mr. Prunier orally), for the plaintiff.
Walter A. Salvail orally, pro se.
George S. Pappagianis, Attorney General and Vincent A. Wenners, Attorney (Mr. Wenners orally), for the Secretary of State.
Petition in which the plaintiff seeks to have the name of the defendant Salvail removed from the Democratic ballot for the primary to be held on September 10, 1968 as a candidate for sheriff of Hillsborough county. The Trial Court (Keller, J.) made certain findings of fact. The motions of both defendants to dismiss on the ground that the Secretary of State is without authority to determine the legality of the defendant Salvail's candidacy or to strike his name from the ballot were reserved and transferred without ruling.
RSA 68:3 vests in the Ballot Law Commission exclusive jurisdiction to pass upon objections to nominations at the primary which are filed with the Secretary of State within a specified time after publication of results of the primary. The declaration of candidacy of the defendant Salvail was in the form prescribed by RSA 56:12 (supp) and the statute vests no authority in the Secretary of State to pass upon objections made to the statement in the declaration filed by this candidate that he was a registered member of the Democratic Party. Fortin v. Sullivan, 96 N.H. 320. See Colby v. Broderick, 96 N.H. 316, 319. Accordingly, the order is
Petition dismissed.