CACR9 (2017) Detail

Relating to terms of office for state officers. Providing that terms shall be for 4 years.


CACR 9  - AS INTRODUCED

 

 

2017 SESSION

17-0403

06/10

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 9

 

RELATING TO: terms of office for state officers.

 

PROVIDING THAT: terms shall be for 4 years.

 

SPONSORS: Sen. Lasky, Dist 13; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Soucy, Dist 18

 

COMMITTEE: Election Law and Internal Affairs

 

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ANALYSIS

 

This constitutional amendment concurrent resolution provides for a 4-year term of office for the governor, executive council, state senators, and state representatives.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

17-0403

06/10

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: terms of office for state officers.

 

PROVIDING THAT: terms shall be for 4 years.

 

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

Constitution of New Hampshire be amended as follows:

 

I.  That articles 9, 12, 15, 27, 32, 33, 42, 43, 60, and 66 of the second part of the constitution be amended to read as follows:

[Art.] 9. [Representatives Elected Every [Second] Fourth Year; Apportionment of Representatives.] There shall be in the legislature of this state a house of representatives, [biennially] elected every 4 years and founded on principles of equality, and representation therein shall be as equal as circumstances will admit. The whole number of representatives to be chosen from the towns, wards, places, and representative districts thereof established hereunder, shall be not less than three hundred seventy-five or more than four hundred.  As soon as possible after the convening of the next regular session of the legislature, and at the session in 1971, and every ten years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by authority of the United States or of this state.  In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered.

[Art.] 12. [[Biennial] Election of Representatives in November.] The members of the house of representatives shall be chosen [biennially,] every 4 years in the month of November, beginning with the general election in 2020, and shall be the second branch of the legislature.

[Art.] 15. [Compensation of the Legislature.] The presiding officers of both houses of the legislature, shall severally receive out of the state treasury as compensation in full for their services for the term elected the sum of [$250] $500, and all other members thereof, seasonably attending and not departing without license, the sum of [$200] $400 and each member shall receive mileage for actual daily attendance on legislative days, but not after the legislature shall have been in session for 45 legislative days or after the first day of July following the annual assembly of the legislature, whichever occurs first; provided, however, that, when a special session shall be called by the governor or by a 2/3 vote of the then qualified members of each branch of the general court, such officers and members shall receive for attendance an additional compensation of $3 per day for a period not exceeding 15 days and the usual mileage.  Nothing herein shall prevent the payment of additional mileage to members attending committee meetings or on other legislative business on nonlegislative days.

[Art.] 27. [Election of Senators.] The freeholders and other inhabitants of each district, qualified as in this constitution is provided shall [biennially] give in their votes for a senator every 4 years, at some meeting holden in the month of November, beginning with the general election in 2020.

[Art.] 32. [[Biennial] Meetings, How Warned, Governed, and Conducted; Return of Votes, etc.] The meetings for the choice of governor, council and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and wards present, and qualified to vote for senators; and shall, in said meetings, in presence of the said selectmen, and of the town or city clerk, in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person; and the town or city clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of state, within five days following the election, with a superscription expressing the purport there of.

[Art.] 33. [Secretary of State to Count Votes for Senators and Notify Persons Elected.] And that there may be a due meeting of senators and representatives on the first Wednesday of December, [biennially] every 4 years, the secretary of state shall, as soon as may be, examine the returned copy of such records; and fourteen days before the first Wednesday of December, he shall issue his summons to such persons as appear to be chosen senators and representatives, by a plurality of votes, to attend and take their seats on that day.

[Art.] 42. [Election of Governor, Return of Votes; Electors; If No Choice, Legislature to Elect One of Two Highest Candidates; Qualifications for Governor.] The governor shall be chosen [biennially] every 4 years in the month of November, beginning with the general election in 2020; and the votes for governor 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 governor 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 two persons, having the highest number of votes, who shall be declared governor.  And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for 7 years next preceding, and unless he shall be of the age of 30 years.

[Art.] 43. [In Cases of Disagreement Governor to Adjourn or Prorogue Legislature; If Causes Exist, May Convene Them Elsewhere.] In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same on the first Wednesday of December [biennially] every 4 years.  And, in cases whereby dangers may arise to the health or lives of the members from their attendance at the general court at any place, the governor may direct the session to be holden at some other the most convenient place within the state.

[Art.] 60. [Councilors; Mode of Election, etc.] There shall be [biennially] every 4 years elected, by ballot, five councilors, for advising the governor in the executive part of government.  The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of November, beginning with the general election in 2020, give in their votes for one councilor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday following the first Tuesday of January.

[Art.] 66. [Elections by Legislature May Be Adjourned From Day to Day; Order Thereof.] And, whereas the elections, appointed to be made by this constitution on the first Wednesday of January [biennially] every 4 years, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same be completed; and the order of the elections shall be as follows - the vacancies in the senate, if any, shall be first filled up: The governor shall then be elected, provided there shall be no choice of him by the people: And afterwards, the two houses shall proceed to fill up the vacancy, if any, in the council.

II.  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, 2018.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2018 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2017 session of the general court shall be approved.

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

“Are you in favor of amending articles 9, 12, 15, 27, 32, 33, 42, 43, 60, and 66 of the second part of the constitution to read as follows:

[Art.] 9. [Representatives Elected Every Fourth Year; Apportionment of Representatives.] There shall be in the legislature of this state a house of representatives, elected every 4 years and founded on principles of equality, and representation therein shall be as equal as circumstances will admit.  The whole number of representatives to be chosen from the towns, wards, places, and representative districts thereof established hereunder, shall be not less than three hundred seventy-five or more than four hundred.  As soon as possible after the convening of the next regular session of the legislature, and at the session in 1971, and every ten years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by authority of the United States or of this state.  In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered.

[Art.] 12. [Election of Representatives in November.] The members of the house of representatives shall be chosen every 4 years in the month of November, beginning with the general election in 2020, and shall be the second branch of the legislature.

[Art.] 15. [Compensation of the Legislature.] The presiding officers of both houses of the legislature, shall severally receive out of the state treasury as compensation in full for their services for the term elected the sum of $500, and all other members thereof, seasonably attending and not departing without license, the sum of $400 and each member shall receive mileage for actual daily attendance on legislative days, but not after the legislature shall have been in session for 45 legislative days or after the first day of July following the annual assembly of the legislature, whichever occurs first; provided, however, that, when a special session shall be called by the governor or by a 2/3 vote of the then qualified members of each branch of the general court, such officers and members shall receive for attendance an additional compensation of $3 per day for a period not exceeding 15 days and the usual mileage.  Nothing herein shall prevent the payment of additional mileage to members attending committee meetings or on other legislative business on nonlegislative days.

[Art.] 27. [Election of Senators.] The freeholders and other inhabitants of each district, qualified as in this constitution is provided shall give in their votes for a senator every 4 years, at some meeting holden in the month of November, beginning with the general election in 2020.

[Art.] 32. [Meetings, How Warned, Governed, and Conducted; Return of Votes, etc.] The meetings for the choice of governor, council and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and wards present, and qualified to vote for senators; and shall, in said meetings, in presence of the said selectmen, and of the town or city clerk, in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person; and the town or city clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of state, within five days following the election, with a superscription expressing the purport there of.

[Art.] 33. [Secretary of State to Count Votes for Senators and Notify Persons Elected.] And that there may be a due meeting of senators and representatives on the first Wednesday of December, every 4 years, the secretary of state shall, as soon as may be, examine the returned copy of such records; and fourteen days before the first Wednesday of December, he shall issue his summons to such persons as appear to be chosen senators and representatives, by a plurality of votes, to attend and take their seats on that day.

[Art.] 42. [Election of Governor, Return of Votes; Electors; If No Choice, Legislature to Elect One of Two Highest Candidates; Qualifications for Governor.] The governor shall be chosen every 4 years in the month of November, beginning with the general election in 2020; and the votes for governor 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 governor 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 two persons, having the highest number of votes, who shall be declared governor.  And no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for 7 years next preceding, and unless he shall be of the age of 30 years.

[Art.] 43. [In Cases of Disagreement Governor to Adjourn or Prorogue Legislature; If Causes Exist, May Convene Them Elsewhere.] In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same on the first Wednesday of December every 4 years.  And, in cases whereby dangers may arise to the health or lives of the members from their attendance at the general court at any place, the governor may direct the session to be holden at some other the most convenient place within the state.

[Art.] 60. [Councilors; Mode of Election, etc.] There shall be every 4 years elected, by ballot, five councilors, for advising the governor in the executive part of government.  The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of November, beginning with the general election in 2020, give in their votes for one councilor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday following the first Tuesday of January.

[Art.] 66. [Elections by Legislature May Be Adjourned From Day to Day; Order Thereof.] And, whereas the elections, appointed to be made by this constitution on the first Wednesday of January every 4 years, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same be completed; and the order of the elections shall be as follows - the vacancies in the senate, if any, shall be first filled up:  The governor shall then be elected, provided there shall be no choice of him by the people: And afterwards, the two houses shall proceed to fill up the vacancy, if any, in the council.”

V.  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 2017 General Court” shall be printed in bold type at the top of the ballot.

VI.  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

CACR9 at GenCourtMobile

Action Dates

Date Body Type
Feb. 21, 2017 Senate Hearing
March 30, 2017 Senate Floor Vote

Bill Text Revisions

CACR9 Revision: 1734 Date: Jan. 24, 2017, 10:39 a.m.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Election Law and Internal Affairs; SJ 5
Feb. 21, 2017 Hearing: 02/21/2017, Room 102, LOB, 09:30 am; SC 11
March 30, 2017 Committee Report: Inexpedient to Legislate, 03/30/2017; SC 16
March 30, 2017 Inexpedient to Legislate, RC 15Y-8N, MA === BILL KILLED ===; 03/30/2017; SJ 12