Election Law

Election law is an amalgamation of constitutional law, statutory law (Title LXIII in New Hampshire), common law and even political science. There are a number of important issues and questions that arise in the area of election law. Among those issues are:

  • What is the proper source of election law (constitutions, national statutes, state statutes, judicial decisions), and what is the interplay between the various sources of election law?
  • Who is entitled to vote in a given election?
  • How must those eligible to vote go about registering to vote and how must they identify themself in order to vote?
  • Who is entitled to hold an elected office?
  • What procedures must candidates take in order to appear on a ballot?
  • What rules govern write-in candidates?
  • What issues or questions may be submitted to a direct popular vote through a referendum or plebiscite?
  • What rules must governmental agencies or citizen groups follow to place questions on a ballot for public consideration?
  • How can or how must political parties organize their internal government?
  • How can or how must political parties select candidates to run for political office (e.g. primary elections)?
  • What rules govern the financing of elections? 
  • What are the requirements for creating districts which elect representatives to a legislative assembly, and what are the rules governing districting? 
  • What rules and restrictions are there regarding campaigning and campaign advocacy?
  • How can or how must votes be cast in any given election?
  • How can or how must information be presented to voters on the ballot or other vote casting device?
  • How can or how must votes be counted in any given election?
  • When can and when must there be a recount?
  • When can election results be challenged, what is the procedure for challenging an election and what rules govern election challenges?
  • Can voters or candidates file legal actions in a court of law or administrative agency to enforce their rights or contest the outcome of an election; and, if so, how do voters or candidates go about filing such an action?
  • What is the definition of electoral fraud or any other crime against the electoral system?

With all the issues related to election law that can create conflicts or problems for municipalities, it is of the utmost importance to have the advice of counsel that is familiar with the issues and the election process. Attorney Soltani, having been an elected official in the State of New Hampshire multiple times, has a keen awareness and understanding of the issues. Further, attorney Soltani has the experience necessary to navigate the issues, resolve conflicts and produce results.

Copyright (C) 2012 The Munilaw Group