John MacGovern Lawsuit Dismissed by Grafton Country Superior Court

The State of New Hampshire Grafton Superior Court has dismissed a lawsuit filed by John MacGovern against the Association of Alumni of Dartmouth College. MacGovern, a member of the class of 1980, filed his petition on November 30, 2005, to force the Association to accept 420 proxy votes he collected prior to the Association’s annual meeting on October 23, 2005, and overturn the results of the Association’s annual officer and executive committee elections.

In its order, the court found that "since there is no statute applicable to the Association that authorizes proxy voting, the Court concludes that the common law rule that members may not vote by proxy applies ... Accordingly, Mar. MacGovern's claims fail as a matter of law, and the Association's motion to dismiss is granted."

On February 10, 2006, the court also denied MacGovern’s request for a temporary restraining order to force the Association of Alumni to include proxy votes at its February 12, 2006, meeting.

The decision was delivered on August 4, 2006. MacGovern has 30 days in which to appeal the decision to the New Hampshire Supreme Court.

Copies of the decision are available from Orr & Reno.

All Media Voting Options for Upcoming Constitution Vote

Alumni will have the option to vote via the internet, telephone, or postal mail in the upcoming electoin on whether to replace or amend the current constitution. A postcard was sent to all alumni in late July giving people the option to "opt out" of a postal mailing by registering via the internet. An email message will be sent out as well.

Please consider using the internet to receive your materials and to vote. This will save the College money, funds that can be used for other programs.

The voting period will be September 15 - October 31, 2006.

LET YOUR VOICE BE HEARD!