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Open Invitation From The Supreme Court:
THE STATE OF NEW HAMPSHIRE
SUPREME COURT
In Case No. 2008-0292, Request for an Opinion of the Justices (Voting Age in Primary Elections), the court on April 24, 2008, issued the following order:
The following request of the house for an opinion of the justices was adopted on April 23, 2008, and filed with the supreme court on April 24, 2008:
HOUSE RESOLUTION 32
Whereas, Senate Bill 436, "An act enabling certain persons to vote in primaries prior to turning 18 years of age," is presently pending in the house of representatives; and
Whereas, Senate Bill 436 would provide that a person who is 17 years of age and who otherwise meets voter eligibility requirements may participate in a party's presidential primary and state primary election, provided that such person will be 18 years of age by the time of the next state general election; and
Whereas, Part I, Article 11 of the Constitution of New Hampshire states: "every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election," N.H.CONST. pt. I, art. 11; and
Whereas, a question has arisen as to the constitutionality of the bill: and
Whereas, it is important that those constitutional questions be settled before the bill is enacted; now, therefore, be it
Resolved by the House of Representatives:
That the justices of the supreme court be respectfully requested to give their opinion upon the following questions of law:
1. Would enactment of Senate Bill 436 to allow voting in a presidential primary and state primary election be 17-year-old persons who will be 18 years of age at the next state general election, violate Part I, Article 11 of the Constitution of New Hampshire?
2. Would enactment of Senate Bill 436 which places specific responsibilities upon local supervisors of the checklist regarding the registration, voting, and maintenance of the voter checklists involved in allowing voting in a presidential primary and state primary election by 17-year-old persons who will be 18 years of age at the next state general election, violate Part I, Article 28-a, of the Constitution of New Hampshire?
That the clerk of the house of representatives transmit copies of this resolution and Senate Bill 436 to the Justices of the New Hampshire Supreme Court.
Typewritten memoranda on the questions presented by the request may be furnished by any legislator, attorney, organization, interested party, or member of the public on or before May 7, 2008. An original and eight copies of any memorandum must be filed with the clerk's office.
This order is entered by a single justice (Broderick, C. J.). See Rule 21(7).
Eileen Fox, Clerk
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