THE UNITED STATES DISTRICf COURT

DISTRICT OF NEW HAMPSHIRE

LIBERTARIAN PARTY OF NEW HAMPSHIRE

BOB BARR, WAYNE ROOT, BRANDAN

KELLY and HARDY MACIA

Plaintiffs,

V.

WILLIAM M. GARDNER, in his Official Capacity

As Secretary of State of New Hampshire

Defendant.

Case 08-CV-367

MEMORANDUM OF LIBERTARIAN CANDIDATE FOR U.S. SENATE KENNETII

E. BLEVENS SR. AS AMICUS CURIAE,

NOW COMES: Kenneth E. Blevens Sr. the Libertarian candidate for U.S. Senate for the

state of New Hampshire and being acknowledged by major news media as the most

recognized Libertarian in New Ilampshire having an undeniable interest in the filed

complaint and asks that the court be mindful of these issues.

I . Candidate and Plaintiff Bob Barr and other Plaintiffs are not representing all the facts.

a. Libertari an candidate for U.S. Senate Ken Blevens is one of two c andidates under

New Hampshire law who c an gain political party status under New FIampshire election

law for the Libertari an Party of New Hampshire (LPNII). Gaining political party status

is a major goal of LPNII. Blevens gains Party status for LPNI I by obtaining 4% of votes

cast.

b. Barr via his leadership PAC The Bob Barr Leadership Fund (BBLF) has contributed

thousands of dollars in this 2008 election cycle to Republican U .S. Senate candidate John

Sununu, who is an opponent of Blevens. As shown by their Federal Election

Commission (FEC) filings, BBLF also funded many other non-libertarian-leaning

Republicans. By supporting Sununu, Barr reduced the likelihood that Blevens will get

4% of the vote . Plaintiff Barr has recently worked against the best interests of LPNI I .

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c. Barr was during 2007 and 2008 a voting member of the Libertarian National

Committee (LNC). LNC Members are charged with carrying out the party objective

'building a political party that elects Libertarians to public office . Barr was subject to

LNC Bylaws and Rules, which require each LNC Member to disclose conflicts of

interest. A reasonable man in 2007 would have expected that in 2008 LPNH would run

a candidate for U.S. Senate, Barr failed to disclose to the LNC his conflict of interest,

namely that he was actively working against a party objective fixed in the Bylaws by

funding political opponents of Libertarians, including Blevens. Barr has thus recently

committed acts of bad faith against the LNC.

d. Because Barr has recently worked against the best interests of LPNH, and has

resorted to acts of bad faith to mask his acts, Barr and Plaintiffs cannot be assumed to be

acting in good faith in making their filing .

e . In April 2007 LPNH held a nominating convention to choose candidates for the

2008 election cycle . Said convention was widely publicly announced to Libertarian

Presidential candidates. Candidates and convention delegates were advised that New

Hampshire does not allow candidate substitution, so persons nominated at convention

would if enough signatures were gathered remain on the 2008 General Election Ballot .

f. LPNH Bylaws allow `None of the above' (NOTA) as a choice for each nomination .

If NOTA wins the nomination, the line is left vacant . New Hampshire Libertarians

therefore had the option of voting in convention not to nominate a presidential candidate .

New Hampshire Libertarians in convention assembled instead consciously rejected this

choice and chose to nominate Phillies as their presidential candidate .

g. The effect of the convention vote was to direct New Hampshire Libertarians as to

what candidate names to place on nominating papers . Such directive had no force of law.

The sole force of the directive was to incite voluntary effort . As a result of the directive,

many Libertarian volunteers across New Hampshire collected signed nominating papers

identifying the candidate as "Libertarian" and placed Phillies on the ballot.

h. LPNH is not a recognized political party . The volunteers who placed Phillies on the

ballot and the LPNH Executive Committee (LPNHExComm), identified as "LPNH" as a

plaintiff) are equally creations of the LPNH State Convention . The Libertarian

volunteers who placed Phillies on the ballot have at least as sound a claim to use the

Libertarian Party name for Phillies as Plaintiff LPNHExComm does for Barr.

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Case 1:08-cv-00367-JM Document 3-1 Filed 10/06/08 Page 2 of 3
WHEREFORE; Candidate Ken Blevens prays the United States District Court dismiss

this lawsuit and allow both candidate names to appear on the New I-Iampshire ballot as

Libertarians as required by present New Hampshire Law and supported by Secretary of

State of New Hampshire William M. Gardner

Respectfully submitted,

Libertarian Kenneth E. Blevens Sr. Pro se.

2 Valley Road

Bow New Hampshire 03304

, /jz:ftz-~4

I have this date e-mailed a copy of this memorandum to attorneys for the plaintiffs and

the defendant.

~ 1 2111c

Kenneth E. Blevens Sr.

Gary Sinawski Evan F. Nappen

180 Montague Street 25 Ih Floor 280 Pleasant Street, Ste . 2

Brooklyn, NY 11201 Concord, NH 03301

E-mail : sinu%N ~hi :uaol.r<mi E-mail: gunesql@verizon.net

Secretary of State William M . Gardner

State House, Room 204

Concord, NH 03301

Elections@sos.state.nh.us

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