Who's violating the law?

Ken Blevens at the
Antrim transfer station.

Libertarian Ken Blevens went to Antrim on Thursday, September 20th to acquire petitions to have his name placed on the ballot for U. S. Senate in 2008 under RSA 655:40. He was told he must petition in a restricted area.

Blevens said he would not and showed the attendant a copy of the law allowing him to petition without being regulated. Blevens stayed at the recycle center all day obtaining signatures, without incident. When he returned on Friday, September 21st, Blevens was told by the attendants that he could not petition by order of the Town Manager, Bill Prokop. Blevens called the Town Manager and Prokop indicated Blevens could not petition unregulated at the recycle center and that if he, Blevens, continued petitioning, Prokop would have him arrested.

Blevens called the Secretary of State's office and spoke to the assistant, who indicated that she believed Blevens was correct regarding the law allowing him to petition without being licensed or regulated. Blevens continued petitioning and obtained a total of 251 signed petitions from Antrim voters.

Before he left the recycle center on Saturday, Blevens spoke with all the employees and they all indicated there was no problem with him petitioning, he was not interfering with the flow of traffic, and was courteous to everyone.

Upon finishing petitioning on Saturday, Blevens decided to email Town Manager Prokop a copy of the law. A copy of the law appears below:

TITLE III

TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES POWERS AND DUTIES OF TOWNS

CHAPTER 31

Miscellaneous

Section 31:102-a

31:102-a Hawkers, Peddlers and Vendors. - The governing board of a city, town or village district may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a violation, and each continuing day of violation after notice shall constitute a separate offense.******* "A city, town, or village district shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have the candidate's name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. "*********Provisions adopted under this section shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and may include, but shall not be limited to:

I. Classification of licensees consistent with constitutional requirements of equal protection;

II. Imposition of reasonable requirements, including fees, for the issuance of a license;

III. Restrictions as to the areas of the municipality open to
licensees and the hours and days of their operation; and

IV. Other reasonable conditions and terms deemed necessary for public convenience and safety as the governing board determines.

Source. 1973, 558:9. 1981, 515:1. 1993, 164:1, eff. July 23, 1993. 2001, 274:2, eff. Jan. 1, 2002.