Libertarian Ken Blevens filed the following petition with the New Hampshire Ballot Law Commission

PETITION OF LIBERTARIAN KEN BLEVENS ET AL

WHEREAS: CHAPTER  655:40 Nomination by Nomination Papers General Provisions as amended 9/9/09. reads in part; …. Each voter shall sign and date an individual nomination paper. Nomination papers shall be dated in the year of the election and;

WHEREAS: CHAPTER  655:40 Nomination by Nomination Papers General Provisions prior the amendment 9/9/09 the statute did not have the requirement highlighted. Each voter shall sign and date an individual nomination paper. Nomination papers shall be dated in the year of the election and;

WHEREAS: Libertarian Candidate for U.S. Senate collected two hundred and seventy six “certified” nominations prior to 9/9/09. The nominations collected from the registered voters of Dundarton were therefore in conformity with the then present law (Affidavits attached) and:

WHEREAS: Secretary of State William Gardner has made the decision that he will not count nomination obtained prior to 1/1/10. and; ( email attached)

WHEREAS: The two hundred seventy six voters of Dunbarton have been denied their right to participate in the 2010 elections  as nominators without now violating RSA 655:40 that reads in part; … No voter shall sign more than one nomination paper for each office to be voted for,…….. and;

WHEREAS: Secretary of State William Gardner himself violated RSA 655:45 by suppressing two hundred seventy six legally obtained nominations.  655:45 Nomination Papers Protected reads in part ….. to be falsely made or suppress any nomination paper, or any part thereof, which has been duly filed.... and;

WHEREAS: Secretary of State William Gardner also violated the candidates and the Dunbarton voters constitutional rights by retrospectively implementing RSA 655:40 voiding a signed contractual agreement. Part 1 Article 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. and;

WHEREAS: Secretary of State William Gardner violated Part 1 [Art.] 11. [Elections and Elective Franchises.] that reads in part…… Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office….. By allowing nominations signed for a State Senate candidate after 9/9/09 and before 1/1/10 for an election on 2/16/10 thus setting a unequal standard for different candidates. (email Attached)

WHEREFORE:

Libertarian Candidate Ken Blevens for the reason enumerated in this petition prays the New Hampshire Ballot Law Commission overturn the Secretary of State William Gardner’s decision and allow the two hundred seventy six voters/nominators and the two candidates to apply the two hundred seventy six nominations questioned to their final count or do nothing.

What ever other action the Ballot Law Commission deems just.

Respectfully submitted this  _2/8/2010