CACR16 (2020) Detail

Relating to recall elections. Providing that the general court may authorize recall elections.


CACR 16 - AS INTRODUCED

 

 

2020 SESSION

20-2242

06/05

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 16

 

RELATING TO: recall elections.

 

PROVIDING THAT: the general court may authorize recall elections.

 

SPONSORS: Rep. Read, Rock. 17; Rep. Weston, Graf. 8; Rep. Buchanan, Merr. 15; Rep. Kenney, Straf. 6; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Legislative Administration

 

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ANALYSIS

 

This constitutional amendment concurrent resolution provides that the general court may authorize recall elections.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

20-2242

06/05

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: recall elections.

 

PROVIDING THAT: the general court may authorize recall elections.

 

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

Constitution of New Hampshire be amended as follows:

 

I.  That article 5 of the second part of the constitution be amended to read as follows:

[Art.] 5.  [Power to Make Laws, Elect Officers, Define Their Powers and Duties, Impose Fines and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain Corporations.]  And farther, 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, and of the subjects of the same, for the necessary support and defense of the government thereof, and to name and settle biennially, or provide by fixed laws for the naming and settling, all civil officers within this state, such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for and to provide a recall procedure to permit citizens to remove an elected official before the end of a term of office; and to set forth the several duties, powers, and limits, of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulcts, imprisonments, and other punishments, and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state; and upon all estates within the same; to be issued and disposed of by warrant, under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defense and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be, in force within the same; provided that the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way aid the same by taking its stocks or bonds.  For the purpose of encouraging conservation of the forest resources of the state, the general court may provide for special assessments, rates and taxes on growing wood and timber.

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, 2020.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2020 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2020 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 article 5 of the second part of the constitution to read as follows:

[Art.] 5.  [Power to Make Laws, Elect Officers, Define Their Powers and Duties, Impose Fines and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain Corporations.] And farther, 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, and of the subjects of the same, for the necessary support and defense of the government thereof, and to name and settle biennially, or provide by fixed laws for the naming and settling, all civil officers within this state, such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for and to provide a recall procedure to permit citizens to remove an elected official before the end of a term of office; and to set forth the several duties, powers, and limits, of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulcts, imprisonments, and other punishments, and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state; and upon all estates within the same; to be issued and disposed of by warrant, under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defense and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be, in force within the same; provided that the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way aid the same by taking its stocks or bonds.  For the purpose of encouraging conservation of the forest resources of the state, the general court may provide for special assessments, rates and taxes on growing wood and timber."

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 2020 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.

VII.  Voters' Guide.

AT THE PRESENT TIME, there is no recall procedure in this state for removing an elected official before the end of his or her term of office.  

IF THE AMENDMENT IS ADOPTED, it will enable the state legislature to authorize recall elections for citizens to remove an elected official before the end of his or her term of office.

Links

CACR16 at GenCourtMobile
CACR16 Discussion

Action Dates

Date Body Type
Feb. 5, 2020 House Hearing
Feb. 19, 2020 House Exec Session
Feb. 13, 2020 House Exec Session
March 2, 2020 House Exec Session

Bill Text Revisions

CACR16 Revision: 7080 Date: Dec. 3, 2019, 9:27 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Legislative Administration
Feb. 5, 2020 Public Hearing: 02/05/2020 10:30 am LOB 303
Feb. 19, 2020 ==CANCELLED== Executive Session: 02/19/2020 02:30 pm LOB 303
Feb. 13, 2020 ==CANCELLED== Executive Session: 02/13/2020 02:30 pm LOB 303
March 2, 2020 Executive Session: 03/02/2020 01:00 pm LOB 303