HCO 1 – AS INTRODUCED
HOUSE CONCURRENT ORDER 1
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ORDER relative to implementing an election pursuant to representative districts established in the order.
Whereas, under Part I, Article 1 of the New Hampshire Constitution, “all government of right originates from the people, is founded in consent, and instituted for the general good;” and
Whereas, under Part I, Article 37 of the New Hampshire Constitution, the government of this state is composed of 3 essential powers, the legislative, executive, and judicial, and “ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit;” and
Whereas, under Part II, Articles 9 and 11-a of the New Hampshire Constitution, “the legislature shall make an apportionment of representatives according to the last general census” and “in making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered” unless “such town, ward or place, by referendum requests such division;” and
Whereas, “the house of representatives … shall be judge of the returns, elections, and qualifications, of its members” as directed in Part II, Article 22 of the New Hampshire Constitution; and
Whereas, the New Hampshire Constitution in Part II, Article 9 dictates that only the general court has the constitutional authority to apportion and district, accordingly, separation of powers, as stated in Part I, Article 37, prevents the judicial or the executive from encroaching on that authority and, therefore, the right of the people to local representation; and
Whereas, under Part II, Article 5 of the New Hampshire Constitution, “full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof;” now, therefore, be it
Ordered by the House of Representatives, the Senate concurring:
That in order to insure the right of the people and communities of interest to elect representatives who reflect their interests, hereby and for the reasons aforesaid, order the secretary of state to implement an election of representatives according to the representative districts established in this order, and in a manner not affecting constituencies or terms of office of representatives presently in office; and
That the secretary of state shall implement an election of representatives according to the representative districts enacted in 2004, 18.