NH Supreme Court partially affirms Superior Court dismissal in Robin Hood case

Wanted Robin HoodOn June 9, the NH Supreme Court released the long awaited ruling in the case of City of Keene v. James Cleaveland, et al (aka Robin Hood of Keene). It looks like Robin Hood of Keene is heading back to court for the request for injunctive relief, the rest of the case was affirmed by the Supreme Court.

Here are three relevant portions of the decision:

Affirmed:
“[W]e conclude that the trial court correctly determined that enforcing the City’s tortious interference with contractual relations claim would violate the respondents’ First Amendment rights. Given this conclusion, we need not reach the respondents’ argument that the tortious interference claim is also barred by the State Constitution. (more…)

NH Senate defeats cannabis decrim

On June 4, 2015 the NH Senate voted on cannabis decriminalization for the first time. Similar legislation has passed the NH House 6 times in the past 8 years. After the Senate amended the bill, it was tabled. After spending 12+ hours watching the Senate, Matt Simon from the Marijuana Policy Project spent a few minutes to talk about the history of the cannabis decrim efforts in NH, and the future.

If you like this video, please consider a Bitcoin donation: 1DPxGsNzsdguLnS37grqrvjeCQ7qTpN6ee

GOP seeks to intervene in Libertarian Party lawsuit against NH Secretary of State

Today is that special day of the year, where fiction becomes fact, and the truth becomes questionable. However, the following is a very real story first reported by Ballot Access News:

“the Republican National Committee asked a U.S. District Court to intervene in Libertarian Party of New Hampshire v Gardner, 1:14-cv-322. The issue in the lawsuit is the 2013 change to the New Hampshire election law that it made it illegal for a newly-qualifying party to circulate a party petition during an odd year.
The Republican National Committee’s motion says, “This lawsuit challenges a recent New Hampshire amendment to its election laws regarding ballot access by political organizations. The RNC proposes to intervene for the purpose of defending constitutionality of that amendment (sic)…The Republican Party has qualified for access to the New Hampshire general election ballot in 2016. Accordingly, it has a vital interest in New Hampshire’s election regulation in general and, specifically, the requirements for ballot access…the defendant (the Secretary of State) cannot adequately represent the RNC’s interests in this litigation.”
As far as is known, this is the first time any major party national committee has intervened in a constitutional ballot access lawsuit at a time remote from a presidential general election. The Democratic National Committee intervened in some lawsuits involving independent presidential candidate Eugene McCarthy in 1976, John B. Anderson in 1980, and Ralph Nader in 2004. But those interventions were on how certain ballot access laws should be interpreted, not over their constitutionality.”

In the RNC’s “answer” to the LP’s complaint, is laughable. Almost everything is “The allegations in paragraph [x] consist of legal arguments to which no response is required. To the extent that paragraph [x] contains factual allegations, they are denied.” or “The RNC lacks knowledge or information sufficient to form a response to the allegations in [y].” In other words, the Republican Party is seeking to intervene in a ballot access law case, and they don’t know enough about the law or the fact to form opinions; or they simply claim every fact provided is false, without explanation!

Another interesting tidbit involving the case of Libertarian Party of New Hampshire v Gardner is a filing by the Secretary of State (Gardner) to be protected from depositions. That motion was denied!

2015 Keene School District Election Results

On March 10, 2015, approximately 1100 Keene voters turned out to elect 3 School Board members and vote on a budget and 12 other Warrant Articles.

Of the 4 articles placed on the ballot by petition and amended at the Deliberative Session, only Article 13 was approved by voters. This was the article originally intended to prevent electioneering by the School Board, but ratified to authorize the School Board to electioneer within accordance to State Law.

Christine L. Parshall, George J. Downing & Susan Hay were elected to the School Board, and the larger budget was adopted by voters. This year, for the first time in many years, voters could have actually decreased the budget, but rejected that option by a vote of 805-282.

KSD election 2015 results

Democracy stifles dissent

On February 10, 2015 the Keene Sentinel ran the following letter to the editor:

Last year, after all of the petitioned warrant articles were amended to nullities at the Keene School District deliberative session, Chris Coates wrote, “It was democracy in action.”

And this year, during the deliberative session during discussion on an article to impose a cap on spending increases, school board member Susan Hay said, “We don’t need a very small minority of people in this community — that do not in any way represent the will of the people — telling us how to do our job.”

In the end, all petitioned warrant articles were amended and nullified. (more…)