Concord – The state Supreme Court yesterday morning decided the Sept. 12 primary ballot would not be affected by its decision last week on candidate placement on ballots, but its decision would apply to general election ballots in November.

The court threw out a law dictating the placement of candidates' names on ballots earlier this month.

According to yesterday's unanimous decision, "The defendant correctly notes in his motion that our opinion in this case addressed the general election ballot design statute, RAS 656:5, and the defendant's practice of alphabetizing candidates within party columns on the general election ballot. We were not asked to address the design of ballots in other elections, and thus did not do so."

However, the court refused to delay its ruling on the November general election ballot.

Secretary of State Bill Gardner said, "I'm pleased the primary ballot remains as it. All the absentee ballots that have been distributed or are in process will be allowed to continue." The make up of the general election ballot will be decided later, he noted, adding state law requires the primary ballot to nearly the same as the general election ballot.

"We'll work out the details of the rest of this. I'm just not prepared to say how we will do this at the moment," Gardner said.

In its ruling, the Supreme Court says "Nothing in our opinion otherwise limits the authority of the defendant or the Legislature to determine how a constitutional ballot will be prepared for the November 2006 general election."

The court noted the issue has been returned to Merrimack County Superior Court for a judgement consistent with its opinion declaring ballots listing the majority party first and names in alphabetical order unconstitutional, but not to determine how the ballot will be prepared.

Under the court's order, an agreement would have to be reached between the two parties or a special legislative session would have to be held to determine the makeup of the November ballot.

Gardner said the ballot makeup could be determined by the Legislature if it wants to come back into special session. He said the decision allows him or the Legislature or some the parties to reach some agreement that can present a plan to the Superior Court to decide if it falls under the Supreme Court's ruling. He said the parties may be able to reach some agreement that can be presented to the court as well.

"We have some time," Gardner said. "It really depends on whether (the issue) goes to Superior Court or another route."

The New Hampshire Democratic Party, which helped to bring the suit, supports allowing the printed ballots for the Sept. 12 primary to be used and to have the Supreme Court's change in the ballot law go into effect in time for the November general election.

"We are pleased that the Supreme Court has decided against the motion to postpone the much needed changes to the New Hampshire ballot that will ensure all parties and their candidates have a fair and equal opportunity at the ballot box," said Kathy Sullivan, chairman of the New Hampshire Democratic Party.

"We would also like to urge the Republican leadership to stop their efforts to interfere with the court's decision so can all move forward to the election in November." Earlier this week, Gardner asked the court to let the Sept. 12 primary be held without changing the ballot.

Gardner also asked the court to let him rotate placement of candidates by column in the general election to give the Legislature time to adopt a constitutional ballot system.