STATE OF NEW HAMPSHIRE

STRAFFORD, SS. SUPERIOR COURT

CHRISTOPHER BUCK

v.

NEW HAMPSHIRE SECRETARY OF STATE WILLIAM GARDNER

PETITION FOR WRIT OF MANDAMUS & OTHER

LEGAL AND EQUITABLE RELIEF

NOW COMES Christopher C. Buck, Esq. (“Petitioner”), pro se, and petitions this Court

for a Writ of Mandamus ordering the New Hampshire Secretary of State’s Office to perform its

duties under the law, including enforcing the Constitutional prescription (Part I, Art. 11) that all

voters shall be qualified to vote and shall be inhabitants of the State of New Hampshire.

Petitioner requests other legal and equitable relief, including an investigation by the Secretary of

State’s office into the election for State offices, which elections were held statewide on Nov. 2,

2010, specifically addressing whether voters casting ballots in New Hampshire had previously

voted absentee in other States.

I. Introduction

1. In this action, Petitioner seeks a Writ of Mandamus, ordering the New Hampshire

Secretary of State, William Gardner, to strictly comply with the provisions of Part I, Art. 11 of

the New Hampshire Constitution. Petitioner contends that the provision wherein “The general

court shall provide by law for voting by qualified voters…” affirmatively requires the Secretary

of State to qualify such voters, either through ensuring that voters casting ballots in this State

have not cast ballots in other states, or by making it possible for citizens to have access to

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information that would reasonably enable them to determine whether voter fraud has, in fact,

been committed. N.H. CONST., Pt. I, Art. 11. (emphasis added).

2. Petitioner further contends that allowing same-day registration without any substantial

verification that an individual has not cast an absentee ballot in another State, is a violation of

Part I, Art. 11, because the language allowing only “qualified” voters to vote is rendered

meaningless without a qualification process. Id. Petitioners submit that permitting an individual

to fill out an affidavit of domicile in New Hampshire, without verifying whether the individual

has previously voted absentee in another State, is akin to recognizing one’s legal status to vote

simply because one declares that they are legally entitled to vote, and as such, invites abuse on

the democratic process. This abuse is nearly impossible for Petitioner to prove, precisely

because there is no meaningful verification process to qualify voters.

II. Parties

3. Petitioner Christopher Buck is a Dover resident and a former candidate for State

Representative, Strafford District 4, in the 2010 midterm election.

4. Respondent William Gardner is New Hamshire’s Secretary of State and is responsible for

enforcing free and fair elections in this State.

III. Jurisdiction and Venue

5. This Court has jurisdiction over the subject matter pursuant to N.H. CONST., Pt. I, Art. 11

and RSA 498:1. Venue is appropriate in Strafford County because some of the parties have a

principle place of residence within the County of Strafford. RSA 507:9.

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IV. STATUTORY PROVISIONS

6. The relevant statutory provisions concerning the Writ of Mandamus are as follows:

N.H. CONST., Pt. I, Art. 11 –

All elections are to be free, and every inhabitant of the state 18 years of age and upwards

shall have an equal right to vote in any election. Every person shall be considered an inhabitant

for the purposes of voting in the town, ward, or unincorporated place where he has his domicile.

No person shall have the right to vote under the constitution of this state who has been convicted

of treason, bribery or any willful violation of the election laws of this state or of the United

States; but the supreme court may, on notice to the attorney general, restore the privilege to vote

to any person who may have forfeited it by conviction of such offenses. The general court shall

provide by law for voting by qualified voters who at the time of the biennial or state elections, or

of the primary elections by official ballot, are absent from the city or town of which they are

inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of

any officer or officers to be elected or upon any question submitted at such election. Voting

registration and polling places shall be easily accessible to all persons including disabled and

elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be

elected or upon any question submitted at such election. The right to vote shall not be denied to

any person because of the non payment of any tax. Every inhabitant of the state, having the

proper qualifications, has equal right to be elected into office. (emphasis added).

V. STATEMENT OF THE FACTS

7. On November 2, 2010, the State of New Hampshire held biennial elections for all State

offices, including Governor, Executive Council, State Senate and State Representative.

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8. William Gardner was the Secretary of State and was responsible for ensuring a free and fair

election in all 424 legislative races.

9. The Secretary of State’s office did not enforce the provisions of the New Hampshire

Constitution (Part I, Art. 11) requiring every voter to be “qualified,” and only permitting

residents to vote.

10. Several recounts for various offices were conducted throughout the State following the

preliminary results of the Nov. 2 general election. The Secretary of State omitted from the

recounts any reasonable method of determining whether voters had previously voted

absentee in other States, which would disqualify them to vote in New Hampshire, and which

would potentially affect the outcome of the recounts.

11. The Secretary of State has failed to act within the office’s authority to investigate or prevent

occurrences of voter fraud, such as (but not limited to):

a. determining whether voters casting ballots in this State have previously voted absentee in

other states;

b. determining whether voters claiming domicile in this State actually reside in other states;

c. confirming whether voters are submitting their true mailing addresses as their residences

and domiciles;

d. regularly purging deceased voters from the voter rolls to proactively prevent voter fraud;

e. undertaking any reasonable measure to determine that newly registered voters are not

illegal aliens; and,

f. investigating widespread claims of voter fraud on New Hampshire’s college campuses.

12. On information and belief, other concerned citizens have previously asked the Secretary of

State to investigate allegations of voter fraud, and the result of those investigations has

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 ostensibly determined that there is no proof of voter fraud in the instances alleged. However,

the Secretary of State does not engage in any activity which would enable that office or any

other citizen to actually determine if voter fraud indeed occurred. The Secretary relies

entirely on domicile affidavits as proof of one’s qualification to vote, even while it is obvious

that one intending to commit voter fraud in New Hampshire would not reveal as much on an

affidavit. So while there has never been any proof of voter fraud, it is only because the

Secretary of State does not enforce its duties under the law, nor records or provides access to

information which would make it possible to prove instances of voter fraud. The Secretary’s

investigations into such allegations have been little more than a sham.

VI. CAUSES OF ACTION

A. MANDAMUS

13. The Petitioner adopts and realleges each and every factual allegation as contained in

paragraphs 1 through 12.

14. Mandamus is common law writ which allows this Court to order public officials or agencies

to perform their duty according to law, including provisions of the New Hampshire

Constitution.

15. Petitioner is without other adequate relief at law or in equity.

16. Petitioner has standing to petition for the writ of mandamus by virtue of Petitioner’s New

Hampshire citizenship. In addition, Part I, Art. 14 guarantees every citizen a right to “a

certain remedy, by having recourse to the laws, for all injuries he may receive in his person,

property, or character.” N.H. CONST., Pt. I, Art. 14.

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17. Petitioners is a citizen of this State, who has been injured insofar as Petitioner’s votes in the

Nov. 2, 2010 election did not occur within a free and fair election, and the cause of this was

the Secretary of State’s lack of enforcement of the State Constitution.

WHEREFORE, Petitioners respectfully request that this Honorable Court:

A. Grant this petition;

B. Issue a Writ of Mandamus directing the Secretary of State to devise enforce reasonable

procedures for enforcing the “qualification” language of the State Constitution,

particularly:

a. Verifying that voters casting ballots in elections in this State have not previously

voted absentee in other states;

b. Regularly removing deceased voters from the voter checklists;

c. Verifying that voters casting ballots in this State are not illegal immigrants;

d. Verifying that voter affidavits claiming domicile in New Hampshire (in lieu of

proof of residency), are not themselves fraudulently submitted affidavits; and

e. Investigating claims of voter fraud and making the results of such investigations

publicly available.

Dated: November 17, 2010

Respectfully submitted

Christopher C. Buck, Esq.

Christopher C. Buck, Esq.

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 Bar No. 18912

28 B Lincoln St.

Dover, NH 03820

(603) 865-1918