National Right to Life v. Gardner

• Court: District Court, D. New Hampshire
• Decided: October 10, 1996
• Docket: CV-96-509-M
• Status: Published

Opinion

National Right to Life v . Gardner CV-96-509-M 10/10/96 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

National Right to Life Political Action Committee State Fund, and Amarie C . Natividad in Her Capacity as Treasurer Thereof, Plaintiffs, v. Civil N o . 96-509-M

William M . Gardner in His Capacity as Secretary of State of New Hampshire, and Jeffrey R. Howard in His Capacity as Attorney General of New Hampshire, Defendants.

O R D E R

Having considered the Verified Complaint, plaintiffs'

motions for temporary restraining order and preliminary

injunctive relief, and the argument of counsel for the plaintiffs

and counsel for the defendants, and having reviewed the terms of

the parties' joint proposed order, and having discussed the

matter with counsel, the following dispositive order is entered

by agreement.

1. The defendants, their agents, servants, employees, and

attorneys are hereby enjoined from enforcing the following New

Hampshire statutory provisions:

a. N.H. Rev. Stat. Ann. § 664:5,V; b. Those provisions of N.H. Rev. Stat. Ann. § 664:3,I, which require political committees to declare in their registration filings that they will not exceed the expenditure limitations set forth in N.H. Rev. Stat. Ann. § 664:5,V; and c. The requirement in N.H. Rev. Stat. Ann. § 664:3,V, that political committees register no later than the second Wednesday following any primary election.

2. Plaintiffs' motions for injunctive relief are otherwise denied. Accordingly, they are obligated to comply with all other provisions of the challenged statute, including (a) N.H. Rev. Stat. Ann. § 664:13 by designating an agent in New Hampshire who is authorized to receive all process and other legal documents, and through whom may be obtained access to the books and records of the political committee; and (b) the provision of N.H. Rev. Stat. Ann. § 644:3,I, that requires the identification of candidate(s) in favor of whom or against whom the plaintiff intends to make any independent expenditures.

3. The parties anticipate that during its 1997 session the New Hampshire General Court will likely consider whether statutory amendments would be appropriate in light of applicable constitutional law and may well take action rendering plaintiffs'

2 remaining claims moot. Accordingly, as the injunctive relief

afforded herein resolves plaintiffs' major claims, and their

remaining claims are likely to become moot, the preliminary

injunction shall be dissolved on November 6, 1996, at 12:00 p.m.,

and the case dismissed as moot, subject however, to the court's

retention of jurisdiction over the matter and reopening of this

case on motion of either party following conclusion of the 1997

New Hampshire Legislative Session, should any issues raised

herein not be resolved.

4. The parties agree that motions for attorneys' fees

under applicable statutes may be filed on or before November 2 0 ,

1996.

SO ORDERED.

Steven J. McAuliffe United States District Judge

October 1 0 , 1996

cc: Laurence J. Gillis, Esq. James Bopp, Jr., Esq. Lucy C . Hodder, Esq.