VOTERS’ RIGHTS IN A REPRESENTATIVE SOCIETY

Since 1784 the New Hampshire constitution has linked the right to vote and the right to be elected. These fundamental rights ensure that every qualified voter has an equal right to vote in any election and every qualified citizen has an equal right to be elected to office.

Last week the New Hampshire Supreme Court issued a decision that benefits all New Hampshire voters. Expert evidence demonstrates that where a candidate’s name is placed on the ballot influences how some voters make their choices. For years, the Republican controlled legislature has guaranteed primacy of place to Republicans. Determined to maintain their majority, they have violated the rights of every citizen of New Hampshire who expects to have an equal right to have his or her vote count.

The evidence of deliberate discrimination against other parties is so clear, particularly in multi-member districts, that the attorney general did not appeal the lower court’s findings. The Supreme Court, in Akins vs. Secretary of State, concluded that any procedure that gives an advantage to one class of voter inevitably discriminates against voters supporting all other candidates. The court ruled that no longer could ballots uniformly place Republican candidates before any other candidates.

In Rochester, there are nine seats in one House district. A voter has to sort through 18 or more names with all Republicans listed first. In Salem and Windham voters have to choose 13 representatives. A Democrat at the end of the alphabet could be the 26th name on the Salem/Windham ballot. (The Supreme Court also rejected alphabetical order for the same reasons of unfairness and inequality.) Is it any wonder that despite a much more even distribution of party membership, Democrats, whose names are at the bottom, have won only 11 of the 90 seats in Rockingham County?

Some Republicans are angry that the Supreme Court dared to protect the rights of every New Hampshire voter. They are working to circumvent the court decision. I hope that when New Hampshire voters go to the polls they vote for those who believe in the fundamental rights guaranteed by the constitution.

Marjorie Smith