On October 18, a lower New Hampshire state court upheld the law that gives the party that polled the most votes the top row (or the left-hand column) on the ballot. Akins v Secretary of State of New Hampshire, Merrimack Co., 04-E-360. The judge acknowledged that having the best spot on the ballot does help the party that enjoys that position, but still declined to require a random procedure to determine which party gets the best position.

The law that gives the best spot on the ballot to the party that polled the most votes, doesn’t specify which office. Therefore, the state adds up the vote for each party, for all the partisan offices on the ballot. The law has existed since 1994 and has always meant that Republicans get the best spot on the ballot.