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Bar News - January 17, 2003 Straight-Ticket Voting Question to be Heard by Supreme Court Hillsborough County Attorney Election Outcome Contested JOHN COUGHLIN'S close victory over incumbent Peter McDonough in the Hillsborough County Attorney's race in November has brought the issue of straight-ticket ballots all the way to the NH Supreme Court - and resulted in an 11th-hour postponement of Coughlin's swearing-in. On Jan. 7, as Bar News went to press, the Supreme Court issued an order enjoining Coughlin's swearing-in to the office of Hillsborough County Attorney while the ballot issue is settled. Under the terms of the order, however, the term of the incumbent was not extended. At press time, the county was preparing to appoint an interim county attorney. The Supreme Court has been asked to decide whether straight-ticket ballots, on which voters use a single check mark to select all candidates in a political party, are legal. The court has accepted McDonough's petition for expedited review and oral argument of the matter. McDonough, a Democrat who has served as Hillsborough County attorney for 16 years, argues that his loss to Republican political newcomer Coughlin resulted from a flawed reading of 266 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 believes that those contested ballots should not have been awarded to either candidate, which could have tipped the scales in his favor in an extremely tight race - only 126 votes separated the two candidates. In a petition to the state's highest court, McDonough's attorneys argue that straight-ticket ballots are "a constitutional problem" that the Legislature should fix. Many agree that the straight-ticket ballot is confusing to some voters, who may think they are simply identifying their party registration when checking a straight-party box. Secretary of State Bill Gardner, Deputy Secretary Bob Ambrose and Ballot Law Commissioner Gary Richardson have all testified that NH's straight-party ballot system is flawed. If the Supreme Court agrees, the Legislature could be required to change the straight-ticket system. New Hampshire is one of 16 states with straight-party ballots. The court's order enjoining Coughlin's inauguration will expire in 90 days of its issue.
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