On June 20, a New Hampshire state Superior Court Judge said he will hold a bench trial in Blevens v Gardner, the lawsuit filed last year over New Hampshire ballot design. In 2006 the New Hampshire Supreme Court had ruled unanimously in Akins v Secretary of State, 904 A.2d 702, that the state constitution requires that all candidates and all parties have an equal chance for the best position on the general election ballot. The legislature implemented this decision by saying that all party columns should be rotated, so that each column would appear in the best position in part of the state. In 2010, this meant that the Republican column had the best spot in one-third of the state, the Democratic column had the best spot in one-third of the state, and the “Other candidates” column had the best spot in one-third of the state.

However, within the “other candidates” column, Ken Blevens, the 2010 Libertarian nominee for U.S. Senate, always appeared below an independent candidate within the same column. No rotation of names was made within that column. Another issue is whether the Libertarian Party should have had its own party column. New Hampshire is the only state in which it is state policy that unqualified parties can never have their own party column. Briefs will be in by October, and the trial will be in January 2012.