(That old joke of killer found guilty of murdering his parent – “Have mercy on me for I am now an orphan”). So, Mayor Joyce Craig’s Administration screwed up not once, but TWICE, found guilty, but is looking for a stay of the Judge’s order to Manchester to either put Mark Warden’s name on the ballot (given the election is tomorrow) or postpone the election. They really did this to themselves – they failed to hold the filing period per the updated law and then failed again when a duly registered citizen signed up to be on the ballot at the correct time period and they refused to. Have mercy on us, Your Honor!
Yet, they want to be held blameless – they want to have the election tomorrow and in doing so, telling Mark Warden “you don’t matter. At all”.
I’m hoping the Judge realizes that this is a self-induced “disaster” and the Attorney General’s office and the City Clerk, Matthew Norman get read the riot act. Decisions have consequences; you make your bed so now go lie in it.
The Motion to Stay the Injunction:
STATE OF NEW HAMPSHIRE
HILLSBOROUGH, SS. SUPERIOR COURT
NORTHERN DISTRICT 216-2019-CV-00935
MARK WARDEN
V.
MATTHEW NORMAND IN HIS OFFICIAL CAPACITY AND
THE CITY OF MANCHESTER
MOTION TO STAY
NOW COMES Matthew Normand, in his official capacity as the Clerk of the City of Manchester, and the City of Manchester, cumulatively (“City”), by and through counsel, the Office of the City Solicitor, and moves to stay the Court’s order of November 4, 2019 as follows:
I. The order offers the City two options: either place the plaintiffs name on the ballot (which, by virtue of the uncontroverted record in this matter is impossible), or postpone and reschedule the election. Order, pg. 11. Both forms of the alternative relief offered by the Court will improperly deprive absentee voters of their rights pursuant to Part I, Article 11 of the New Hampshire Constitution. The uncontroverted evidence establishes that over a thousand absentee voters have cast their ballots, and absentee ballots are being requested from the City clerk at the present moment. In addition, the City clerk’s visits to homes, nursing homes and other facilities in connection with tomorrow’s election are imminent. The alternative relief is also impossible, as a matter oflaw, in that the command of RSA 49-B:15 does not allow for postponement or rescheduling of the November 5, 2019 Manchester School Charter Commission election.
2. Accordingly, to prevent the immediate and irreparable harm of cancelling the election, and the consequential violation of Part I, Article 11, the Court should stay the relief provided in its order and permit the election to proceed, subject to further judicial review of the legality of the election.
WHEREFORE the City respectfully prays the Honorable Court to:
A. Stay the relief in the November 4, 2019 order to allow the election to proceed, subject to further judicial review; and
B. Grant such further relief the Court deems just and equitable.
Respectfully-submitted, City of Manchester,
By and through its attorney,
Office of the City Solicitor
November 4, 2019 Isl Peter R. Chiesa
Peter R. Chiesa., Esquire NH Bar ID #8141
One City Hall Plaza Manchester, NH 03101
(603) 624-6523
CERTIFICATION
I hereby certify that a copy of the foregoing Motion to Stay was filed in the Court’s electronic filing system.
November 4, 2019 Isl Peter R. Chiesa
Peter R. Chiesa, Esquire
