Revision: Feb. 17, 2023, 2:19 p.m.
CACR 10 - AS INTRODUCED
2023 SESSION
23-1060
10/07
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 10
RELATING TO: the general court.
PROVIDING THAT: the general court convene on the same day as the governor's inauguration.
SPONSORS: Sen. Soucy, Dist 18; Sen. Rosenwald, Dist 13; Sen. Birdsell, Dist 19; Sen. D'Allesandro, Dist 20; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Rep. Simpson, Rock. 33; Rep. Wilhelm, Hills. 40
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This constitutional amendment concurrent resolution provides for the legislature to convene on the same day in January as the governor's inauguration.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type
23-1060
10/07
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT
RELATING TO: the general court.
PROVIDING THAT: the general court convene on the same day as the governor's inauguration.
Be it Resolved by the Senate, the House of Representatives concurring, that the
Constitution of New Hampshire be amended as follows:
I.(a) That article 3 of the second part of the constitution be amended to read as follows:
[Art.] 3d. [General Court, When to Meet and Dissolve.] The senate and house shall assemble biennially on the first Wednesday [of] in December for organizational purposes in even numbered years, and shall assemble annually on the first [Wednesday] Thursday following the first [Tuesday] Wednesday in January, and at such other times as they may judge necessary; and shall dissolve and be dissolved at 12:01 A.M. on the first Wednesday [of] in December in even numbered years and shall be styled The General Court of New Hampshire.
(b) That article 42 of the second part of the constitution be amended to read as follows:
[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 in the month of November; 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] Thursday following the first [Tuesday of] Wednesday in 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 on such day the governor shall be inaugurated. [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 2 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] the governor's election, [he] the governor shall have been an inhabitant of this state for 7 years next preceding, and unless [he] the governor shall be of the age of 30 years.
(c) That article 66 of the second part of the constitution be amended to read as follows:
[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 Thursday following the first Wednesday of January biennially, 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 amendments proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2024.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2024 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2023 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 3, 42, and 66 of the second part of the constitution to read as follows:
[Art.] 3d. [General Court, When to Meet and Dissolve.] The senate and house shall assemble biennially on the first Wednesday in December for organizational purposes in even numbered years, and shall assemble annually on the first Thursday following the first Wednesday in January, and at such other times as they may judge necessary; and shall dissolve and be dissolved at 12:01 A.M. on the first Wednesday in December in even numbered years and shall be styled The General Court of New Hampshire.
[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 in the month of November; 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 Thursday following the first Wednesday in 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 on such day the governor shall be inaugurated. 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 2 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 the governor's election, the governor shall have been an inhabitant of this state for 7 years next preceding, and unless the governor shall be of the age of 30 years.
[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 Thursday following the first Wednesday of January biennially, 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 with other constitutional questions or on the official ballot. The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.” If no oval is marked, 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 2023 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, members of the senate and house of representatives convene on the first Wednesday following the first Tuesday in January. The date of the governor's inauguration is not mandated or designated.
IF THE AMENDMENT IS ADOPTED, members of the senate and house of representatives would convene biennially on the first Thursday following the first Wednesday in January in even numbered years in order to convene on the same day as the governor's inauguration.