Bill Text: NH HB1669 | 2016 | Regular Session | Introduced
Bill Title: Establishing a state procedure for conventions to ratify proposed amendments to the United States Constitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-09 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/09/2016 House Journal 23 P. 51 [HB1669 Detail]
Download: New_Hampshire-2016-HB1669-Introduced.html
HB 1669-FN - AS INTRODUCED
2016 SESSION
16-2232
10/05
HOUSE BILL 1669-FN
AN ACT establishing a state procedure for conventions to ratify proposed amendments to the United States Constitution.
SPONSORS: Rep. Abramson, Rock. 20
COMMITTEE: Legislative Administration
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ANALYSIS
This bill establishes procedures for constituting a state convention for ratifying or rejecting proposed amendments to the United States Constitution.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2232
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT establishing a state procedure for conventions to ratify proposed amendments to the United States Constitution.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Conventions on Amendments to the United States Constitution. Amend RSA by inserting after chapter 667 the following new chapter:
CHAPTER 667-A
Conventions on Amendments to the United States Constitution
667-A:1 Conventions Constituted. Whenever the Congress shall propose, to conventions in the several states, an amendment to the Constitution of the United States, for ratification or rejection, and has not specified the state legislatures as the bodies in which said amendment is ratified or rejected and the manner in which such conventions shall be constituted, the conventions in this state shall be chosen and constituted in the manner in this chapter prescribed and shall function in accordance with this chapter.
667-A:2 Delegates. Conventions shall consist of 2 delegates from each senate district, as elected by the qualified voters therein. Each delegate shall possess the qualifications of a member of the House of Representatives of the General Court; and each shall hold office from the date of his or her election and until the convention shall have discharged the duties for which it was selected.
667-A:3 Election of Delegates.
I. The delegates composing the convention shall be elected at a special election which shall be held on a date to be fixed by the Governor, not less than 3 months and not more than 8 months after the date of the proposal by the Congress. The Governor shall issue his or her call for such election within 10 days, which, as soon as issued, shall be published by the Secretary of State at least twice in a newspaper of general circulation in each municipality. Such election shall be conducted, except as herein specified, in all respects in the manner and form prescribed by the laws of this state for holding elections for nominating primaries.
II. The voter checklist shall be updated in accordance with RSA 669:5 for an election under paragraph I.
III. Provided, that if any primary election used for nomination of legislative candidates be held in this state within one year after the date of the proposal by the Congress, such delegates shall be chosen at such primary election.
667-A:4 Candidates; Fee.
I. Any person desiring to become a candidate for election as a delegate to said convention shall file his or her candidacy with either the clerk of the town or city in which the candidate resides or with the Secretary of State on such form as the Secretary of State shall prescribe, not less than 20 days before the date of election, in which shall be stated the person's name in full, residence, age, occupation, whether or not he or she favors, opposes, or is unpledged on the ratification of each proposed amendment. Such application shall also state, under affirmation, that the applicant is a citizen of the United States and of the state and is a registered voter the municipality in which he or she resides.
II. If the candidate shall request that his or her name appear on the ballot as favoring or as opposing the amendment, his or her application shall be accompanied by a qualification fee of $2. Any applicant may withdraw his or her name at any time before the ballots are actually printed.
667-A:5 Official Ballots.
I. The ballots shall be prepared by the Secretary of State and distributed to the clerks in the several municipalities at least 10 days prior to such election. They shall contain the substance of the proposed amendment(s) and, in the order prescribed in RSA 656:5-a, the names of all candidates who shall have qualified, and on the same line indication as to whether they are pledging themselves for, against, or unpledged on each amendment.
II. When delegates are elected at primary elections as provided in RSA 667-A:3, such matters shall be printed on the primary election ballots. In either event, in addition to the names of unpledged candidates printed on said ballots and whether there be any such names on said ballots or not, there shall be provided 2 blank lines for persons who may be elected as such delegates by write in.
667-A:6 Canvass of Returns. Within 3 days after the date of the special elections the town clerks and members of the governing bodies with each senate district shall meet and canvass the returns thereof in their respective districts and transmit the same to the Secretary of State. The Secretary of State shall thereupon declare the 2 candidates who receive the greatest number of votes in the district to have been elected as delegates to the convention, and shall immediately issue a certificate of election to each of such persons. In case of a tie the winner shall be decided by a coin toss.
667-A:7 Convention Time and Place. The delegates to the convention shall meet at the State House at the state capitol at Concord within 30 days of their election. They shall thereupon constitute a convention to ratify or reject the proposed amendment to the Constitution of the United States at any location within 30 miles of the state capitol that is agreed upon by the majority of those elected to such ratifying convention.
667-A:8 Convention Powers; Quorum; Compensation.
I. The convention shall have power to ratify or reject the proposed amendment(s) to the Constitution of the United States for which it shall have been selected; and to choose a president and a secretary and all other necessary officers, clerks and attaches to fill vacancies in its membership. Delegates having been chosen who had pledged, pursuant to 667-A:5, opposition to any amendment shall have their vote recorded as opposed to such amendment whether or not they are present for the vote on that amendment.
II. Convention proceedings shall adhere to the rules in Robert’s Rules of Order Newly Revised unless 2/3 of its members vote to amend the rules. It shall be the sole judge of the election and qualifications of its members. Two-thirds of the total number of delegates elected to the convention shall constitute a quorum.
III. The delegates to such convention shall receive an honorarium paid by the secretary of state equal to $1,000 plus the sum of $100 per day while in session and each member shall receive mileage for actual daily attendance on session days. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
IV. The convention may by simple majority transmit recommendations to either the general court or to the Congress, but shall have no other power than that hereby expressly conferred or necessarily incident to the purpose of its creation; any other action attempted to be taken by it shall be utterly null, void, and have no effect of law.
667-A:9 Certification of Convention Action. When the convention shall have agreed, by "yes" and "no" vote of a majority of the total number of delegates elected, to the ratification or rejection of the proposed amendment to the Constitution of the United States, a certificate to that effect shall be executed by its president and secretary and filed with the Secretary of State. A copy of the minutes of its proceedings, likewise signed by such officials, shall also be filed with the Secretary of State. The Secretary of State of New Hampshire, after the filing of such certificate, shall transmit a copy thereof, certified under the state seal, to the Secretary of State of the United States.
667-A:10 Appropriation for Expenses. For the purpose of defraying the expenses of preparing for, conducting, holding, and declaring the result of the election provided for by this chapter and also for the purpose of defraying the compensation and expenses allowed by this chapter for the holding of sessions of the convention, there is appropriated out of the general funds of the state a sufficient sum of money for the payment of all amounts necessary to be expended under the terms of this chapter. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
667-A:11 The rules of this chapter not described herein shall be governed by the provisions of RSA 667.
2 Effective Date. This act shall take effect 60 days after its passage.
16-2232
12/22/15
HB 1669-FN- FISCAL NOTE
AN ACT establishing a state procedure for conventions to ratify proposed amendments to the United States Constitution.
FISCAL IMPACT:
The Department of State and New Hampshire Municipal Association state this bill, as introduced, may increase state and local expenditures and local revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state and county revenue or county expenditures.
This bill indefinitely appropriates an unspecifed amount of general funds sufficient to pay all amounts necessary to be expended for the purposes of this act beginning in FY 2017.
METHODOLOGY:
The Department of State states this bill creates a process for convening a state convention to ratify or reject proposed amendments to the United States Constitution. A special election would be held to choose two delegates from each senate district unless there is a state primary within one year of the proposal by Congress. In that case the election of delegates would take place at the state primary with the selection of delegates placed on the state primary ballot. The Department estimates a special election would cost approximately $150,000 in ballot printing and distribution costs. If the election were held during a state primary there would be no additional cost. Additionally, the Department of State must pay each of the 48 delegates an honorarium of $1,000, plus $100 per day, and mileage while in session.
The New Hampshire Municipal Association states this bill may increase local expenditures if a special election were to be held. If a special election were held costs to each municipality could range from several hundred to several thousand dollars. The Association states that candidates for delegate would pay a qualification fee of two dollars if their name is to appear on the ballot as favoring or opposing the amendment. The Association assumes the fee would be retained by the municipality where the candidate files. The Association states this bill contains an unspecified appropriation of general funds to defray all costs of the special election which could offset local expenditures if local costs are reimbursed.
The New Hampshire Association of Counties states this bill will have no fiscal impact to counties.
