Bill Text - CACR31 (2006)

Relating to the attorney general. Providing that the attorney general be elected for the same term as the governor.


Revision: Jan. 21, 2010, midnight

CACR 31 – AS INTRODUCED

2006 SESSION

06-2236

06/01

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 31

RELATING TO: the attorney general.

PROVIDING THAT: the attorney general be elected for the same term as the governor.

SPONSORS: Rep. DiFruscia, Rock 4; Rep. Phinizy, Sull 5; Rep. Weyler, Rock 8; Rep. Bishop, Rock 2; Rep. Splaine, Rock 16

COMMITTEE: Executive Departments and Administration

ANALYSIS

This constitutional amendment concurrent resolution removes the attorney general from the list of state officers nominated and appointed by the governor and council. It provides for the attorney general to be elected for the same term and in the same manner as the governor.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2236

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: the attorney general.

PROVIDING THAT: the attorney general be elected for the same term as the governor.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That article 46 of the second part of the constitution be amended to read as follows:

[Art.] 46. [Nomination and Appointment of Officers.] All judicial officers, [the attorney general,] and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

II. That the second part of the constitution be amended by inserting after article 46 the following new article:

[Art.] 46-a. [Election of Attorney General; Return of Votes; Electors; If No Choice, Legislature to Elect One of 2 Highest Candidates; Qualifications for Attorney General.] The attorney general shall be chosen biennially in the month of November; and the votes for attorney general shall be received, sorted, counted, certified and returned, in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives, on the first Wednesday following the first Tuesday of January to be by them examined, and in case of an election by a plurality of votes through the state, the choice shall be by them declared and published. And the qualifications of electors of the attorney general shall be the same as those for senators; and if no person shall have a plurality of votes, the senate and house of representatives shall, by joint ballot elect one of the 2 persons, having the highest number of votes, who shall be declared attorney general. An no person shall be eligible to this office, unless at the time of his or her election, he or she shall have been an inhabitant of this state for 7 years next preceding, unless he or she shall be of the age of 30 years, and unless he or she is an attorney, admitted to practice in this state.

III. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2006.

IV. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2006 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2006 session of the general court shall be approved.

V. That the wording of the question put to the qualified voters shall be:

“Relative to the election of the attorney general, are you in favor of amending article 46 of the second part of the constitution and inserting a new article 46-a into the second part of the constitution as follows:

[Art.] 46. [Nomination and Appointment of Officers.] All judicial officers, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

[Art.] 46-a. [Election of Attorney General; Return of Votes; Electors; If No Choice, Legislature to Elect One of 2 Highest Candidates; Qualifications for Attorney General.] The attorney general shall be chosen biennially in the month of November; and the votes for attorney general shall be received, sorted, counted, certified and returned, in the same manner as the votes for senators; and the secretary shall lay the same before the senate and house of representatives, on the first Wednesday following the first Tuesday of January to be by them examined, and in case of an election by a plurality of votes through the state, the choice shall be by them declared and published. And the qualifications of electors of the attorney general shall be the same as those for senators; and if no person shall have a plurality of votes, the senate and house of representatives shall, by joint ballot elect one of the 2 persons, having the highest number of votes, who shall be declared attorney general. An no person shall be eligible to this office, unless at the time of his or her election, he or she shall have been an inhabitant of this state for 7 years next preceding, unless he or she shall be of the age of 30 years, and unless he or she is an attorney, admitted to practice in this state.”

VI. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2006 General Court” shall be printed in bold type at the top of the ballot.

VII. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

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