On October 28, two Libertarian nominees filed a lawsuit, arguing that the ballot format discriminates against certain candidates and for certain other candidates.  The case is Blevens v Gardner, in Merrimack County Superior Court.  See the party’s web page, explaining the lawsuit.  The case will continue after the election, and is directed against the characteristic of the ballot that does not rotate the names of candidates listed in the “Independent” column.  New Hampshire puts the nominees of unqualified parties, and independent candidates, into a single column on the ballot, headed by the word “independent.”  The lawsuit does not challenge that aspect of the ballot.  It does challenge the fact that the names within that column are not rotated.

In 2006, the New Hampshire Supreme Court had ruled that each candidate must have an equal chance to be listed first.  In response, the state now rotates each of the three columns, but doesn’t rotate candidates within those columns.  This has a far greater impact on candidates who are not Republican or Democratic nominees.

It is possible the complaint will be expanded to cover the point that unqualified parties should have their own party column, just as each qualified party has its own party column.  UPDATE:  the plaintiffs have withdrawn their request for injunctive relief.  The issue of whether the 2010 ballot design is constitutional will be heard in June 2011, after the legislature has been given an opportunity to address the problem.