Bill Text: NH CACR17 | 2018 | Regular Session | Introduced


Bill Title: Relating to initiative and referendum powers. Providing that initiative and referendum powers shall be reserved to the people of the state.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-11-03 - To Be Introduced 01/03/2018 and referred to Election Law [CACR17 Detail]

Download: New_Hampshire-2018-CACR17-Introduced.html

CACR 17 - AS INTRODUCED

 

 

2018 SESSION

18-2473

06/05

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 17

 

RELATING TO: initiative and referendum powers.

 

PROVIDING THAT: initiative and referendum powers shall be reserved to the people of the state.

 

SPONSORS: Rep. Dyer, Hills. 37; Rep. Josephson, Graf. 11

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This constitutional amendment concurrent resolution provides that initiative and referendum powers be reserved to the people of the state.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

18-2473

06/05

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: initiative and referendum powers.

 

PROVIDING THAT: initiative and referendum powers shall be reserved to the people of the state.

 

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

Constitution of New Hampshire be amended as follows:

 

I.  That the second part of the constitution be amended by inserting after article 1 the following new article:

[Art.] 1-a. [Initiative and Referendum Powers Reserved to the People.]  The people reserve to themselves the initiative power, which is to propose laws and amendments to the Constitution and enact or reject them at an election independently of the General Court.  An initiative law may be proposed only by a petition signed by a number of qualified voters equal to four percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of two years next preceding the filing of the petition.  An initiative amendment to the Constitution may be proposed only by a petition signed by a number of qualified voters equal to eight percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of two years next preceding the filing of the petition.  An initiative petition shall include the full text of the proposed law or amendment to the Constitution.  A proposed law or amendment to the Constitution shall embrace one subject only and matters properly connected therewith.  An initiative petition shall be filed not less than four months before the election at which the proposed law or amendment to the Constitution is to be voted upon.  The people reserve to themselves the referendum power, which is to approve or reject at an election any act, or part thereof, of the General Court that does not become effective earlier than 90 days after the end of the session at which the act is passed.  A referendum on an act or part thereof may be ordered by a petition signed by a number of qualified voters equal to four percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of two years next preceding the filing of the petition.  A referendum petition shall be filed not more than 90 days after the end of the session at which the act is passed.  A referendum on an act may be ordered by the General Court by law.  Notwithstanding article 44 of the second part of this Constitution, bills ordering a referendum and bills on which a referendum is ordered are not subject to veto by the Governor.  Petitions or orders for the initiative or referendum shall be filed with the Secretary of State.  The General Court shall provide by law for the manner in which the Secretary of State shall determine whether a petition contains the required number of signatures of qualified voters.  The Secretary of State shall complete the verification process within the 30-day period after the last day on which the petition may be filed as provided in this article.  Initiative and referendum measures shall be submitted to the people as provided in this article.  All elections on initiative and referendum measures shall be held at the biennial  elections, unless otherwise ordered by the General Court.  An initiative or referendum measure shall become effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.  A referendum ordered by petition on a part of an act shall not delay the remainder of the act from becoming effective.

II.  That article 2 of the second part of the constitution be amended to read as follows:

[Art.] 2. [Legislature, How Constituted.] The [supreme] legislative power, within this state, except for the initiative and referendum powers reserved to the people, shall be vested in the senate and house of representatives, each of which shall have a negative on the other.

III.  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, 2018.

IV.  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 2018 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 amending the second part of the constitution by inserting after article 1 the following new article and by amending article 2 to read as follows:

[Art.] 1-a. [Initiative and Referendum Powers Reserved to the People.]  The people reserve to themselves the initiative power, which is to propose laws and amendments to the Constitution and enact or reject them at an election independently of the General Court.  An initiative law may be proposed only by a petition signed by a number of qualified voters equal to four percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of two years next preceding the filing of the petition.  An initiative amendment to the Constitution may be proposed only by a petition signed by a number of qualified voters equal to eight percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of two years next preceding the filing of the petition.  An initiative petition shall include the full text of the proposed law or amendment to the Constitution.  A proposed law or amendment to the Constitution shall embrace one subject only and matters properly connected therewith.  An initiative petition shall be filed not less than four months before the election at which the proposed law or amendment to the Constitution is to be voted upon.  The people reserve to themselves the referendum power, which is to approve or reject at an election any act, or part thereof, of the General Court that does not become effective earlier than 90 days after the end of the session at which the act is passed.  A referendum on an act or part thereof may be ordered by a petition signed by a number of qualified voters equal to four percent of the total number of votes cast for all candidates for Governor at the election at which a Governor was elected for a term of two years next preceding the filing of the petition.  A referendum petition shall be filed not more than 90 days after the end of the session at which the act is passed.  A referendum on an act may be ordered by the General Court by law.  Notwithstanding article 44 of the second part of this Constitution, bills ordering a referendum and bills on which a referendum is ordered are not subject to veto by the Governor.  Petitions or orders for the initiative or referendum shall be filed with the Secretary of State.  The General Court shall provide by law for the manner in which the Secretary of State shall determine whether a petition contains the required number of signatures of qualified voters.  The Secretary of State shall complete the verification process within the 30-day period after the last day on which the petition may be filed as provided in this article.  Initiative and referendum measures shall be submitted to the people as provided in this article.  All elections on initiative and referendum measures shall be held at the biennial  elections, unless otherwise ordered by the General Court.  An initiative or referendum measure shall become effective 30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.  A referendum ordered by petition on a part of an act shall not delay the remainder of the act from becoming effective.

[Art.] 2. [Legislature, How Constituted.] The legislative power, within this state, except for the initiative and referendum powers reserved to the people, shall be vested in the senate and house of representatives, each of which shall have a negative on the other."

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 2018 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.

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