CACR21 (2012) Detail

Relating to referendums. Providing that voters may veto laws by referendum.


CACR 21 – AS INTRODUCED

2012 SESSION

12-2010

06/10

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 21

RELATING TO: referendums.

PROVIDING THAT: voters may veto laws by referendum.

SPONSORS: Rep. Bates, Rock 4; Rep. W. Smith, Rock 18; Rep. O'Brien, Hills 4; Rep. Tucker, Rock 17; Rep. Renzullo, Hills 27

COMMITTEE: Election Law

ANALYSIS

This constitutional amendment concurrent resolution allows voters to directly repeal state statutory provisions by referendum.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2010

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: referendums.

PROVIDING THAT: voters may veto laws by referendum.

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

Constitution of New Hampshire be amended as follows:

I. That article 29 of the first part of the constitution be repealed and reenacted as follows:

[Art.] 29 [Suspension of Laws.] The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, by the voters pursuant to article 2-a of the second part of this constitution, or by authority derived therefrom, to be exercised in such particular cases only as the legislature, or the voters pursuant to article 2-a of the second part of this constitution, shall expressly provide for.

II. That the second part of the constitution be amended by inserting after article 2 the following new article:

[Art.] 2-a. [Statutory Repeal by Citizen Petition.]

(a) Notwithstanding article 2 of the second part of the constitution, the citizens of New Hampshire reserve the power to repeal, at the polls independent of the legislature, any act or part of any act passed by the legislature.

(b)(1) The referendum is the power of the electors to repeal statutes or parts of statutes. A referendum measure may be proposed by presenting a petition signed by electors equal in number to 3 percent of the votes for all candidates for governor at the preceding general election, asking that the statute or part of it be submitted to the electors.

(2) Each petition shall be submitted to the supervisors of the checklist of the town or ward in which the signer is domiciled or registered, and a majority of the supervisors shall certify within 10 days whether or not the signer is a legal voter in such town or ward.

(3) The certified petitions shall then be submitted to the secretary of state who shall have 40 days to verify the certified petition. The secretary of state shall submit the measure at the next general election held at least 100 days after the petition is presented to the secretary of state.

(c) A referendum measure approved by a majority of votes shall take effect 5 days after the date of the official declaration of the vote by the secretary of state, unless the measure provides otherwise. If a referendum petition is filed against part of a statute, the remainder of the statute shall not be delayed from taking effect. In any referendum measures proposed by the people prior to circulation of a referendum petition for signatures, a copy shall be submitted to the secretary of state who shall prepare a title and summary of the measure as provided by law. Such titles and summary, not to exceed 100 words, shall be printed on each petition.

(d) This article shall be self-executing, but legislation may be enacted to facilitate its operation.

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, 2012.

IV. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2012 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2012 session of the general court shall be approved.

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

“Are you in favor of repealing and reenacting article 29 of the first part of the constitution and inserting after article 2 of the second part of the constitution a new article, to read as follows:

[Art.] 29 [Suspension of Laws.] The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, by the voters pursuant to article 2-a of the second part of this constitution, or by authority derived therefrom, to be exercised in such particular cases only as the legislature, or the voters pursuant to article 2-a of the second part of this constitution, shall expressly provide for.

[Art.] 2-a. [Statutory Repeal by Citizen Petition.]

(a) Notwithstanding article 2 of the second part of the constitution, the citizens of New Hampshire reserve the power to repeal, at the polls independent of the legislature, any act or part of any act passed by the legislature.

(b)(1) The referendum is the power of the electors to repeal statutes or parts of statutes. A referendum measure may be proposed by presenting a petition signed by electors equal in number to 3 percent of the votes for all candidates for governor at the preceding general election, asking that the statute or part of it be submitted to the electors.

(2) Each petition shall be submitted to the supervisors of the checklist of the town or ward in which the signer is domiciled or registered, and a majority of the supervisors shall certify within 10 days whether or not the signer is a legal voter in such town or ward.

(3) The certified petitions shall then be submitted to the secretary of state who shall have 40 days to verify the certified petition. The secretary of state shall submit the measure at the next general election held at least 100 days after the petition is presented to the secretary of state.

(c) A referendum measure approved by a majority of votes shall take effect 5 days after the date of the official declaration of the vote by the secretary of state, unless the measure provides otherwise. If a referendum petition is filed against part of a statute, the remainder of the statute shall not be delayed from taking effect. In any referendum measures proposed by the people prior to circulation of a referendum petition for signatures, a copy shall be submitted to the attorney general who shall prepare a title and summary of the measure as provided by law. Such titles and summary, not to exceed 100 words, shall be printed on each petition.

(d) This article shall be self-executing, but legislation may be enacted to facilitate its operation.”

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 2012 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.

Links

CACR21 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

CACR21 Revision: 20608 Date: Dec. 14, 2011, midnight

Docket