Blevens fights voter disenfranchisment
Libertarian senatorial candidate Ken Blevens filed a complaint with Merrimack County Attorney Katherine Rogers against the Secretary of State, alleging failure to protect citizens' right to participate in the 2010 election.
Attorney Katherine D. Rogers
4 Court Street
Concord , NH. 03301
December 9, 2009
County Attorney Rogers,
We the under signed are presenting you with the following information in the hope that you will bring the issues before a grand jury seeking an indictment of Secretary of State William Gardner for violating his oath and RSA 655:45. This caused irrefutable injury by invoking a law retrospectively. A time line is listed below with supporting documentation attached. The enactment of retrospective law is about time. In this case, a very large hole was created in the election process for third parties that can never be restored.
Starting at the end of the 2008 election cycle.
Some random nominations were collected from family and friends by us.
7/01/09 to 8/15/09
Ernest effort to obtain nominations, 332 collected at Dunbarton recycle center by candidate for U. S. Senate Ken Blevens.
9/8/09
We stopped all collections after being notified by email that Secretary of State William Gardner would not recognize or accept any nominations signed and collected under the present law, in essence voiding them the 332+/- Dunbarton nominators right to participate in the 2010 election Copy attached
9/13/09 HB 623 that changed the wording in the statute, RSA 655:40 became law by the decree of the legislature. Copy attached
The decision to implement the change and when to enforce the change was at the discretion of the Secretary of State William Gardner. At the time Secretary of State William Gardner should have known he was enforcing the law retroactively and in clear violation of the “signers” and the “candidates” constitutional rights Part 1 Article 23 New Hampshire Constitution & RSA 655:45.
Compounding the issue even more the Secretary of State William Gardner made the decision that no voter could have his or her nomination recognized if it was signed under the law in force at the beginning of the 2010 election cycle. By doing so (giving notice) he, Secretary of State William Gardner, specifically disqualified all voters from participating in the 2010 election from 9/8/09 to 9/13/09 as a nominator for the candidates.
9/24/09
Attended selectmens meeting in Dunbarton and turned nominations over to Supervisor of the check list Ron Slocum for certification. Copy Attached
10/25/09
Signed affidavits regarding collection of nominations and dates. Copy Attached
11/12/09
Letters sent to Dunbarton 332 +/- nominators with prepaired minutes for the regular selectmens meeting 11/12/09 Copy
Signed:
Candidate Howard Wilson December 17, 2009
Nominator Robert Perry December 9, 2009
Notice from Secretary of State
-------- Original Message --------
Subject: RE: petition Collection, to date?
Date: Tue, 8 Sep 2009 10:02:31 -0400
From: Karen Ladd <kladd@SOS.STATE.NH.US>
To: <stoneanarch@tds.net>, "Ken Blevens" <kblevens@comcast.net>, "Paul
Twomey" <twomeylawoffice@verizon.net>, "Richard Winger"
CC: <James.Kennedy@doj.nh.gov>, "David Scanlan"
Following is the new law regarding nomination papers which is effective
September 13, 2009 and will be the law when nomination papers are due to
be filed in 2010.
655:40 General Provisions. As an alternative to nomination by party
primary, a candidate may have his or her name placed on the ballot for
the state general election by submitting the requisite number of
nomination papers. Such papers shall contain the name and domicile of
the candidate, the office for which the candidate is nominated, and the
political organization or principles the candidate represents.
Nomination papers shall be signed by such persons only as are qualified
to vote at the state general election. No voter shall sign more than one
nomination paper for each office to be voted for, and no nomination
paper shall contain the names of more candidates than there are offices
to be filled. Each voter shall sign and date an individual nomination
paper. Nomination papers shall be dated in the year of the election.
Karen Ladd
Assistant Secretary of State
Original Law
Title LXIII ELECTIONS
CHAPTER 655 NOMINATIONS
Nomination by Nomination Papers
Section 655:40
655:40 General Provisions. – As an alternative to nomination by party primary, a candidate may have his or her name placed on the ballot for the state general election by submitting the requisite number of nomination papers. Such papers shall contain the name and domicile of the candidate, the office for which the candidate is nominated, and the political organization or principles the candidate represents. Nomination papers shall be signed by such persons only as are registered to vote at the state general election. No voter shall sign more than one nomination paper for each office to be voted for, and no nomination paper shall contain the names of more candidates than there are offices to be filled. Each voter shall sign an individual nomination paper.
Source. 1979, 436:1. 2001, 74:1, eff. Aug. 18, 2001; 185:5, eff. Aug. 18, 2001 at 12:01 a.m.
Amended Law
CHAPTER 655:40
Nomination by Nomination Papers
Section 655:40
655:40 General Provisions. – As an alternative to nomination by party primary, a candidate may have his or her name placed on the ballot for the state general election by submitting the requisite number of nomination papers. Such papers shall contain the name and domicile of the candidate, the office for which the candidate is nominated, and the political organization or principles the candidate represents. Nomination papers shall be signed by such persons only as are registered to vote at the state general election. No voter shall sign more than one nomination paper for each office to be voted for, and no nomination paper shall contain the names of more candidates than there are offices to be filled. Each voter shall sign and date an individual nomination paper. Nomination papers shall be dated in the year of the election.
Source. 1979, 436:1. 2001, 74:1, eff. Aug. 18, 2001; 185:5, eff. Aug. 18, 2001 at 12:01 a.m. 2009, 214:5, eff. Sept. 13, 2009.
Law with my emphases
CHAPTER 655 NOMINATIONS
Nomination by Nomination Papers
Section 655:40
655:40 General Provisions. – As an alternative to nomination by party primary, a candidate may have his or her name placed on the ballot for the state general election by submitting the requisite number of nomination papers. Such papers shall contain the name and domicile of the candidate, the office for which the candidate is nominated, and the political organization or principles the candidate represents. Nomination papers shall be signed by such persons only as are registered to vote at the state general election.
Source. 1979, 436:1. 2001, 74:1, eff. Aug. 18, 2001; 185:5, eff. Aug. 18, 2001 at 12:01 a.m. 2009, 214:5, eff. Sept. 13, 2009.
TITLE LXIII ELECTIONS
CHAPTER 655
NOMINATIONS
Nomination by Nomination Papers
Section 655:45
655:45 Nomination Papers Protected. – No person shall falsely make or file or knowingly deface or destroy any nomination paper, or any part thereof, or sign any nomination paper contrary to the provisions of law knowing the same, or any part thereof, to be falsely made or suppress any nomination paper, or any part thereof, which has been duly filed. Whoever knowingly violates any of the provisions of this section shall be guilty of a misdemeanor if a natural person or be guilty of a felony if any other person.
Source. 1979, 436:1, eff. July 1, 1979
TITLE VI PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 92
TENURE AND OATH OF OFFICE IN CERTAIN CASES
Section 92:2
92:2 Oath Required. – No person chosen or appointed to any public office or to any position where an oath is required, under any law, shall exercise such office or position or perform any act therein until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire, and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.
Source. Const. II, 84. RS 15:4. CS 15:4. GS 17:4. GL 18:4. PS 19:4. PL 18:4. RL 26:4. RSA 92:2. 1969, 372:1, eff. Aug. 31, 1969
NEW HAMPSHIRE CONSTITUTION PART FIRST
BILL OF RIGHTS ARTICLE 23
(Art.}23. {Retrospective Laws Prohibited.} Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offenses. June 2, 1784.
LETTER TO DUNDARTON 332 +/- VOTERS/NOMINATORS
Dunbarton Voters
Voters Address
Dunbarton, NH.
November 12th. 2009
Dear Dunbarton Voters,
Thank you for participating in the election process by signing a nomination to have the names of Libertarians Ken Blevens and Howard Wilson placed on the ballot for the 2010 election. Presently we have 332 +/- certified nominations in hand from voters in Dunbarton.
Unfortunately all 332, including your nomination, have been voided by the state of NH. Although your signature was obtained in accordance with the law at the time, there is a new law that became effective September 13, 2009, about 30 days after your signature was obtained, and that new law is being enforced retroactively. We believe that this is a violation of your personal right to legally participate in the election process and a violation of the New Hampshire Bill of Rights Article 23 and state law RSA:655:45 Nomination Papers Protected.
{Art.}23. {Retrospective Laws Prohibited.} Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the punishment of offenses. June 2, 1784.
We believe that this new law is punishment not just for the third party candidates but equally for you, the voter, by further limiting whom you may vote for. The new law restricts third parties’ time to obtain nominations by 64% from 572 days to 207 days. We further believe and hope that you agree that this is hypocrisy by those in power regarding the New Hampshire election process.
Ken Blevens, who personally obtained the signatures, has always held the voters of Dunbarton as a special and exceptional part of the election process. The great tradition of Live Free or Die, our state motto that originated from towns like Dunbarton (Stark Town), home of Molly Stark, are alive and well as you have shown by your participation.
For Liberty,
Libertarian Candidate for U. S. Senate, Ken Blevens
Libertarian Candidate for U. S. Congress 2nd District, Howard Wilson
Chairman Libertarian Party NH, Rich Tomasso
MINUTES DUNBARTON SELECTMEN'S MEETING 11/12/09
Dunbarton Selectmen,
Please make this part of today’s minutes, thank you.
Regarding the 332 nominators from Dunbarton that participated in the 2010 New Hampshire election process and the two candidates whose names appear on the nominations, lets for a moment set aside the two candidates and focus on the 332 nominators. It is my belief that you as their elected representatives have a duty to protect their individual rights as legal voters, or you may do nothing. That is the question and the reason for appearing before you again today.
A short time ago I came before this board and suggested contacting the NH municipal association, my mistake. The recommendation should have been the “Local Government Center” and simply letting them know that the argument could easily be made that these are the voters who pay for their legal services with their taxes and they should be represented. You might also contact the ACLU, I understand they can be very helpful on supporting constitutional election issues, or again, do nothing.
Regarding the constitutional and statutory issues, I addressed them in the letter to the 332 voters, copy attached. Also attached are affidavits regarding the timing of the signatures.
For Liberty,
Ken Blevens
Letter from Dunbarton selectmen to (LGC) Local Government Center.
November 19, 2009
NH Local Government Center
PO BX 617
25 Triangle Park Drive
Concord, NH 03302-0617
Subject: State Statute for obtaining signatures
Thank you for your attention in this matter.
Line Comeau
Town Administrator
Town of Dunbarton
DUNBARTON BOARD OF SELECTMEN
MINUTES OF MEETING
WEDNESDAY, JANUARY 7, 2010
TOWN OFFICES – 7:00 P.M.
…………………………………………………………..
Ken Blevens Request:
4. Stated that Ken Blevens had sent an e-mail requesting the Dunbarton Board of Selectmen write a request to the Merrimack County Attorney to look into the situation regarding the 325 signatures he obtained to be put on the ballot. Secretary of State's Office has ruled that the petition must be dated, etc.
Les Hammond, Chairman, will speak with the Merrimack County Attorney regarding this request. ……………………………..
Libertarian Candidate for U. S. Senate
Ken Blevens
Email kblevens@comcast.net
Phone 603-225-5547
Website kblevens.org
RSS Feed
