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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Merrimack No. 2005-606 LIBERTARIAN PARTY NEW HAMPSHIRE & a. v. THE STATE OF NEW HAMPSHIRE Argued: July 21, 2006 Opinion Issued: November 21, 2006 Twomey Law Office, of Epsom (Paul Twomey on the brief and orally), for the plaintiffs. Kelly A. Ayotte, attorney general (Orville B. Fitch II, senior assistant attorney general, on the brief, and Wynn E. Arnold, senior assistant attorney general, orally), for the State. BRODERICK, C.J. The plaintiffs, Libertarian Party New Hampshire, Constitution Party New Hampshire and Coalition for Free and Open Elections, appeal an order of the Superior Court (McGuire, J.) dismissing their petition for a declaration that certain state election laws are unconstitutional. We affirm. I The challenged statutes provide three avenues to nominating a candidate for a place on the general election ballot. The first is nomination by party primary. RSA 652:11 (Supp. 2005) defines "party" as "any political

organization which at the preceding state general election received at least 4 percent of the total number of votes cast for any one of the following: the office of governor or the offices of United States Senators." For ease of reference, we will adopt the plaintiffs' terms of "major party" for any political organization meeting this definition and "minor party" for any political organization not meeting this definition. A major party's candidate for elective office is chosen in a primary election conducted according to the same procedures used for the general election, except as otherwise provided. RSA 655:35 (1996). Prospective candidates for party nomination secure a place on the primary ballot by, in addition to other requirements, filing either an administrative assessment or a specified number of primary petitions. RSA 655:19-c, I, III (Supp. 2005). The assessments range from $100 for the offices of governor and United States Senator to $2 for state representative, RSA 655:19-c, I(a)

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