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118 N.H. 667

Powell v. Gardner

Supreme Court of New Hampshire

Decided October 2, 1978

Supreme Court of New Hampshire · decided 1978-10-02

Relies on Guarracino v. Beaudry

Decided 1978-10-02

Per curiam.

¶1Petition for writ of mandamus to compel the secretary of state to place some designation other than “Independent” above the name of the plaintiff on the November 1978 biennial general election ballot.

¶2Plaintiff has become a candidate for the office of Governor at this election by filing the required number of petitions. RSA 56:67. Such petitions must contain, among other information, “the political party or principle” the proposed candidate represents. RSA 56:65.

¶3*668The petitions filed by the plaintiff stated that Powell was “Independent.” The secretary of state intends to have the plaintiff’s name printed on the official ballot for the election with the designation

¶4“INDEPENDENT”

¶5Nom. Papers

¶6On the record before us, we find no justification for the issuance of the extraordinary remedy of a writ of mandamus. Guarracino v. Beaudry, 118 N.H. 435, 387 A.2d 1163 (1978).

¶7Petition dismissed.

Brock, j., did not sit.
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