FOLLOWING A LENGTHY challenge process, the NH Supreme Court has unanimously confirmed a decision of the state's Ballot Law Commission naming John Coughlin the winner of the Nov. 5 race for Hillsborough County attorney.

In its decision, handed down Feb. 11, the Supreme Court awarded 172 of 269 contested votes to Coughlin, although it did not reach a conclusion on the remaining 97 contested votes. The court pointed out that even if his opponent, incumbent Peter McDonough, were awarded the remaining 97 votes, Coughlin still would win by 25 votes.

The court ruling lifted an injunction that barred Coughlin from taking the oath of office on Jan. 8 while the McDonough appeal was pending. After three months in limbo, Coughlin was sworn into office shortly after the court's decision was handed down. In an interview with The Telegraph, Coughlin said it felt good to finally be able to take office. "I'm anxious to get started on doing the job I was elected to do," he said.

In his petition to the Supreme Court, McDonough, a Democrat who had served as Hillsborough County attorney for 16 years, argued that his loss to Republican political newcomer Coughlin resulted from a flawed reading of 269 ballots as straight-ticket when voters also voted for individual candidates on those ballots.

On the ballots in question, voters checked a straight Republican ticket, but also selected individual candidates in some races. Those voters did not select a candidate in the county attorney race, however. Under state law, the Ballot Law Commission must give straight-party markings priority if a voter's intent is unclear, so those questionable ballots were awarded to Coughlin. McDonough contended that those contested ballots should not have been awarded to either candidate.

Despite upholding the BLC's ruling, three justices agreed with McDonough's argument that the straight-ticket voting system that was at the root of the contested election is confusing. "We share concern...that the instructions for straight-ticket voting required by RSA 659:17, III are a 'great confusion to the voters of New Hampshire,'" the Court's opinion said.

After offering Coughlin his congratulations, McDonough said he hopes the issue of straight-ticket balloting will be addressed. "We accept the finding of the New Hampshire Supreme Court. We hope some of the issues raised by the people regarding the straight-ticket ballots will be considered by the Legislature in the near future for the benefit of all New Hampshire citizens," he said in The Telegraph.

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