CONCORD -- The Attorney General's Office on Friday asked the state Supreme Court to quickly stay and overturn a lower court ruling that blocked implementation of the state's new voter registration requirements.

Citing the closeness of Nov. 6 election, the office filed a petition for expedited original jurisdiction, effectively asking the court to review the case before Strafford County Superior Court Judge John Lewis completes his own review and issues his final order.

The Attorney General also moved for an emergency stay of a preliminary injunction issued by Lewis blocking use of a controversial new voter registration form iand sought quick reconsideration of that ruling.

In a fourth filing, the Attorney General objected to a motion by the House Republican majority to intervene in the case -- a move that prompted public charges and counter-charges between House speaker Bill O'Brien and Attorney General Michael Delaney.

O'Brien charged Delaney was trying to “gag the Legislature from providing a defense that the people deserve for a duly passed law, either because the attorney general is unable or unwilling to provide that defense.”

Delaney responded, “Speaker O'Brien is currently asking my office to take a position that is not supported by the law.

“My office is only able to defend the law that the Legislature actually passed, not the law that the speaker wishes had been passed,” Delaney said. “I will not allow politics to dictate the state's legal positions.”

Superior Court Judge Lewis on Monday issued a preliminary injunction blocking the new state requirement that people who register to vote must be domiciled in the state and must be informed that they will need to register their vehicles in New Hampshire and apply for a state driver's license within 60 days.

The American Civil Liberties Union of New Hampshire and the League of Women Voters filed the challenge on behalf of four out-of-state college students, arguing the law is an attempt to prevent college students from voting.

Lewis ordered Secretary of State William Gardner to issue new voter registration forms without a paragraph that describes the vehicle registration and driver's license requirement.

Associate Attorney General Richard Head argued that the lower court, by ruling so close to the election, created “extraordinary circumstances” that should allow the lower court to be bypassed in favor of a ruling directly from the Supreme Court.

He also argued that staying the order would not “negatively impact” anyone seeking to vote on Election Day, since vehicle registration in the state and a state driver's license is not an immediate requirement for voting on Nov. 6.

“Further, the new registration form does not alter the statutory definitions of domicile or resident,” Head wrote. “Without regard to whether or not a voter is a resident, the form does not affect any individual's right or ability to register or vote in the State of New Hampshire.”

Seeking expedited Supreme Court review, Head argued, “The language in the voter registration form at issue does not impose any restriction on a citizen's right to vote.”

He wrote that the form “treats all voters who sign the form equally and does not single out, or discriminate against, any type of voter. There is no reference to students or any other group of citizens.”

The Attorney General's Office also argued, “Even if there is no evidence of voter fraud that has affected the outcome of an election in New Hampshire, the need to monitor for and protect against vote fraud cannot be seriously questioned.”

As the House majority moved to intervene, speaker O'Brien faulted the Attorney General's Office's handling of the case.

O'Brien said the House must try to become directly involved “in order to ensure that the legislative intent of (the law) is presented to the court.” That intent was essentially to ensure that only residents of the state, rather than those who are “domiciled” in the state, can vote in the state.

“Unfortunately,” O'Brien said, “the Department of Justice failed to state the very reason why the Legislature passed this bill. Without that reason being stated, the Supreme Court would not have a true opportunity to consider why this law is in effect.

“It's unfortunate that the Attorney General's Office hasn't made the strongest case for this law, but the House is committed to giving this duly-passed law the defense it deserves,” O'Brien said.

O'Brien said Granite Staters “clearly understand that if someone lives in another state, they should vote there, and if they live here, they should vote in New Hampshire. They also know that if you live here and are voting here, you must become a resident.”

The Attorney General argued that allowing the House GOP to intervene would run afoul of the separation of powers doctrine.

“The Attorney General, as the Executive Branch officer, is solely responsible for determining which matters are appropriate for litigation and which arguments should be presented on the state's behalf,” the Attorney General said.

O'Brien responded by accusing the Attorney General's Office of “turning the constitution on its head in order to compel the court to gag the Legislature from providing a defense that the people deserve for a duly passed law either because the attorney general is unable or unwilling to provide that defense. The people of New Hampshire deserve not to have non-residents wandering around diluting their votes.

“The Attorney General should get out of the way of having this law fully implemented,” O'Brien said.

Attorney General Michael Delaney then fired back, “Speaker O'Brien is currently asking my office to take a position that is not supported by the law. It is not in the best interests of the citizens of this state for the Attorney General to argue in court that the Legislature did something that it, in fact, did not do.

“My office is only able to defend the law that the Legislature actually passed, not the law that the speaker wishes had been passed,” Delaney said. “The law that the Legislature passed did not, in any way, modify the definition of residency in New Hampshire. The speaker's position is simply not supported by the law and will weaken our position in defending the law.”

Democratic Rep. Gary Richardson of Concord, a member of the House minority leadership, accused O'Brien of “once again attempting an unprecedented expansion of his power well beyond anything contemplated by our constitution.” He said O'Brien's true motives are “to prevent college students from voting.”