Powell v. Fuller

96 N.H. 322, 75 A.2d 926 (1950)



In the absence of fraud, lack of jurisdiction or such arbitrary and capricious action as to constitute denial of due process of law, the legislative provision (R. L., c. 34-A, s. 3 II, III) that decisions of the Ballot-Law Commission are final, exclusive and not reviewable by any court is binding on the Supreme Court.


On September 28, 1950 it is alleged, there were filed with the Secretary of State twelve hundred forty-six individual petitions for the nomination of the plaintiff for said office. Objection to said petitions was made in writing by the defendant, a Republican nominee for the same office. Thereafter, following a hearing at which the contesting candidates were represented, the Ballot-Law Commission decided that the nomination petitions were not seasonably filed. A petition for writ of mandamus was filed to compel the Secretary of State to cause the name of plaintiff  to be placed on the ballots for the election to be held on  November 7, 1950, as an Independent candidate for the office of United States Senator. 


Did the Ballot-Law Commission have jurisdiction over the matter?




It is ruled that the Ballot-Law Commission had jurisdiction to decide whether the nomination papers of the plaintiff were seasonably filed. The decision of the Ballot-Law Commission shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision. The jurisdiction vested in the Commission shall be exclusive of all other remedies.

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