§ 655:31 — Straw Candidates

No person shall be a candidate for nomination at any primary unless his candidacy is bona fide and is filed for the actual purpose of personally seeking the nomination. Any candidate for nomination whose name is to be voted upon at primary election may, no later than the Wednesday after the last day for filing declarations of candidacy and primary petitions, file a petition with the ballot law commission alleging that one or more candidates for the same nomination is not a bona fide candidate. Upon receipt of such a petition, the commission shall notify in writing all candidates of that party for the same nomination of the time and place for its hearing. After such hearing, the ballot law commission shall have the power and duty to order stricken forthwith from the primary ballot the name or names of any candidate or candidates for said nomination if the commission finds that such candidate or candidates is obviously not a bona fide candidate, obviously having filed not primarily for the purpose of seeking the nomination but primarily for the purpose of drawing votes which might otherwise be cast for some other candidate for the same nomination. The decision of the commission shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision.

Legislative History

1979, 436:1. 1994, 4:6, eff. May 27, 1994.