Fay v. Merrill

Summary

The court dismissed the plaintiffs’ original-jurisdiction challenge to the Secretary of the State’s COVID-19 absentee-ballot application because a congressional primary is not an election within the meaning of the statute governing direct Supreme Court election contests. The court held that the plaintiffs’ challenge belonged in the Superior Court under the statute governing primary disputes and declined to transfer the case there. The court also stated that election-contest statutes would not confer jurisdiction over the plaintiffs’ fundamental constitutional challenges even if the direct-election statute otherwise applied.