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NEW
HAMPSHIRE
Constitution of the State of New Hampshire
ESTABLISHED OCTOBER 3l, l783 TO TAKE EFFECT JUNE 2, l784 AS
SUBSEQUENTLY AMENDED AND IN FORCE DECEMBER 1990
BILL OF RIGHTS
Article l. [Equality of Men; Origin and Object of Government.].
All men are born equally free and independent; therefore, all government
of right originates from the people, is founded in consent, and
instituted for the general good.
June 2, l784*
*The date on which each article was proclaimed as having been
adoptedis given after each article. This is followed by the year in
whichamendments were adopted and the subject matter of all the
amendments.
[Art.] 2. [Natural Rights.] All men have certain
natural, essential, and inherent rights - among which are, the enjoying
and defending life and liberty; acquiring, possessing, and protecting,
property; and, in a word, of seeking and obt aining happiness. Equality
of rights under the law shall not be denied or abridged by this state on
account of race, creed, color, sex or national origin.
June 2, l784
Amended l974 adding sentence to prohibit discrimination.
[Art.] 2-a. [The Bearing of Arms.]. All persons have
the right to keep and bear arms in defense of themselves, their
families, their property and the state.
December l, l982
[Art.] 3. [Society, its Organization and Purposes.]
When men enter into a state of society, they surrender up some of their
natural rights to that society, in order to ensure the protection of
others; and, without such an equivalent, the surrender is void.
June 2, l784
[Art.] 4. [Rights of Conscience Unalienable.] Among the
natural rights, some are, in their very nature unalienable, because no
equivalent can be given or received for them. Of this kind are the
Rights of Conscience.
June 2, l784
[Art.] 5. [Religious Freedom Recognized.] Every
individual has a natural and unalienable right to worship God according
to the dictates of his own conscience, and reason; and no subject shall
be hurt, molested, or restrained, in his pers on, liberty, or estate,
for worshipping God in the manner and season most agreeable to the
dictates of his own conscience; or for his religious profession,
sentiments, or persuasion; provided he doth not disturb the public peace
or disturb others in their religious worship.
June 2, l784
[Art.] 6. [Morality and Piety.] As morality and piety,
rightly grounded on high principles, will give the best and greatest
security to government, and will lay, in the hearts of men, the
strongest obligations to due subjection; and as t he knowledge of these
is most likely to be propagated through a society, therefore, the
several parishes, bodies, corporate, or religious societies shall at all
times have the right of electing their own teachers, and of contracting
with them for their su pport or maintenance, or both. But no person
shall ever be compelled to pay towards the support of the schools of any
sect or denomination. And every person, denomination or sect shall be
equally under the protection of the law; and no subordination of a ny
one sect, denomination or persuasion to another shall ever be
established.
June 2, l784
Amended l968 to remove obsolete sectarian references.
[Art.] 7. [State Sovereignty.] The people of this state
have the sole and exclusive right of governing themselves as a free,
sovereign, and independent state; and do, and forever hereafter shall,
exercise and enjoy every power, jurisd iction, and right, pertaining
thereto, which is not, or may not hereafter be, by them expressly
delegated to the United States of America in congress assembled.
June 2, l784
[Art.] 8. [Accountability of Magistrates and Officers;
Public'sRight to Know.] All power residing originally in, and
being derived from, the people, all the magistrates and officers of
government are their substitutes and agents, and at all times
accountable to them. Government, therefore, should be open, accessible,
accountable and responsive. To that end, the public's right of access to
governmental proceedings and records shall not be unreasonably
restricted.
June 2, l784
Amended l976 by providing right of access to governmental
proceedingsand records.
[Art.] 9. [No Hereditary Office or Place.] No office or
place, whatsoever, in government, shall be hereditary - the abilities
and integrity requisite in all, not being transmissible to posterity or
relations.
June 2, l784
[Art.] l0. [Right of Revolution.] Government being
instituted for the common benefit, protection, and security, of the
whole community, and not for the private interest or emolument of any
one man, family, or class of men; therefore, whenever the ends of
government are perverted, and public liberty manifestly endangered, and
all other means of redress are ineffectual, the people may, and of right
ought to reform the old, or establish a new government. The doctrine of
nonresistance ag ainst arbitrary power, and oppression, is absurd,
slavish, and destructive of the good and happiness of mankind.
June 2, l784
[Art.] ll. [Elections and Elective Franchises.] All
elections are to be free, and every inhabitant of the state of l8 years
of age and upwards shall have an equal right to vote in any election.
Every person shall be considered an inh abitant for the purposes of
voting in the town, ward, or unincorporated place where he has his
domicile. No person shall have the right to vote under the constitution
of this state who has been convicted of treason, bribery or any willful
violation of the election laws of this state or of the United States;
but the supreme court may, on notice to the attorney general, restore
the privilege to vote to any person who may have forfeited it by
conviction of such offenses. The general court shall provide by l aw for
voting by qualified voters who at the time of the biennial or state
elections, or of the primary elections therefor, or of city elections,
or of town elections by official ballot, are absent from the city or
town of which they are inhabitants, or w ho by reason of physical
disability are unable to vote in person, in the choice of any officer or
officers to be elected or upon any question submitted at such election.
Voting registration and polling places shall be easily accessible to all
persons inc luding disabled and elderly persons who are otherwise
qualified to vote in the choice of any officer or officers to be elected
or upon any question submitted at such election. The right to vote shall
not be denied to any person because of the non-payment of any tax. Every
inhabitant of the state, having the proper qualifications, has equal
right to be elected into office.
June 2, l784
Amended l903 to provide that in order to vote or be eligible for
office a person must be able to read the English language and to write.
Amended l9l2 to prohibit those convicted of treason, bribery or
willfull violation of the election laws from voting or holding elective
office.
Amended l942 to provide for absentee voting in general elections.
Amended l956 to provide for absentee voting in primary elections.
Amended l968 to provide right to vote not denied because of
nonpayment of taxes. Also amended in 1968 to delete an obsolete phrase.
Amended 1976 to reduce voting age to 18.
Amended 1984 to provide accessibility to all registration and
polling places.
[Art.] l2. [Protection and Taxation Reciprocal.] Every
member of the community has a right to be protected by it, in the
enjoyment of his life, liberty, and property; he is therefore bound to
contribute his share in the expense of suc h protection, and to yield
his personal service when necessary. But no part of a man's property
shall be taken from him, or applied to public uses, without his own
consent, or that of the representative body of the people. Nor are the
inhabitants of thi s state controllable by any other laws than those to
which they, or their representative body, have given their consent.
June 2, l784
Amended l964 by striking out reference to buying one's way out of
military service.
[Art.] l3. [Conscientious Objectors not Compelled to Bear Arms.]No
person, who is conscientiously scrupulous about the lawfulness of
bearing arms, shall be compelled thereto.
June 2, l784
Amended l964 by striking out reference to buying one's way out of
military service.
[Art.] l4. [Legal Remedies to be Free, Complete, and Prompt.]
Every subject of this state is entitled to a certain remedy, by having
recourse to the laws, for all injuries he may receive in his person,
property, or character; to obtain right and justice freely, without
being obliged to purchase it; completely, and without any denial;
promptly, and without delay; conformably to the laws.
June 2, l784
[Art.] l5. [Right of Accused.] No subject shall be held
to answer for any crime, or offense, until the same is fully and
plainly, substantially and formally, described to him; or be compelled
to accuse or furnish evidence against hims elf. Every subject shall have
a right to produce all proofs that may be favorable to himself; to meet
the witnesses against him face to face, and to be fully heard in his
defense, by himself, and counsel. No subject shall be arrested,
imprisoned, despoi led, or deprived of his property, immunities, or
privileges, put out of the protection of the law, exiled or deprived of
his life, liberty, or estate, but by the judgment of his peers, or the
law of the land; provided that, in any proceeding to commit a p erson
acquitted of a criminal charge by reason of insanity, due process shall
require that clear and convincing evidence that the person is
potentially dangerous to himself or to others and that the person
suffers from a mental disorder must be establishe d. Every person held
to answer in any crime or offense punishable by deprivation of liberty
shall have the right to counsel at the expense of the state if need is
shown; this right he is at liberty to waive, but only after the matter
has been thoroughly explained by the court.
June 2, l784
Amended l966 to provide the right to counsel at state expense if the
need is shown.
Amended l984 reducing legal requirement proof beyond a reasonable
doubt to clear and convincing evidence in insanity hearings.
[Art.] l6. [Former Jeopardy; Jury Trial in Capital Cases.]
No subject shall be liable to be tried, after an acquittal, for
the same crime or offense. Nor shall the legislature make any law that
shall subject any person to a capital p unishment, (excepting for the
government of the army and navy, and the militia in actual service)
without trial by jury.
June 2, l784
[Art.] l7. [Venue of Criminal Prosecutions.] In
criminal prosecutions, the trial of facts, in the vicinity where they
happened, is so essential to the security of the life, liberty and
estate of the citizen, that no crime or offense o ught to be tried in
any other county or judicial district than that in which it is
committed; except in any case in any particular county or judicial
district, upon motion by the defendant, and after a finding by the court
that a fair and impartial trial cannot be had where the offense may be
committed, the court shall direct the trial to a county or judicial
district in which a fair and impartial trial can be obtained.
June 2, l784
Amended l792 to change "assembly" to: legislature.
Amended l978 so that court at defendant's request may change trial
to another county or judicial district.
[Art.] l8. [Penalties to be Proportioned to Offenses; True
Designof Punishment.] All penalities ought to be proportioned
to the nature of the offense. No wise legislature will affix the same
punishment to the crimes of theft, forgery , and the like, which they do
to those of murder and treason. Where the same undistinguishing severity
is exerted against all offenses, the people are led to forget the real
distinction in the crimes themselves, and to commit the most flagrant
with as li ttle compunction as they do the lightest offenses. For the
same reason a multitude of sanguinary laws is both impolitic and unjust.
The true design of all punishments being to reform, not to exterminate
mankind.
June 2, l784
Amended l792 deleting "those of" after do in 3d sentence and
changing "dye" to: offenses.
[Art.] l9. [Searches and Seizures Regulated.] Every
subject hath a right to be secure from all unreasonable searches and
seizures of his person, his houses, his papers, and all his possessions.
Therefore, all warrants to search suspec ted places, or arrest a person
for examination or trial in prosecutions for criminal matters, are
contrary to this right, if the cause or foundation of them be not
previously supported by oath or affirmation; and if the order, in a
warrant to a civil offi cer, to make search in suspected places, or to
arrest one or more suspected persons or to seize their property, be not
accompanied with a special designation of the persons or objects of
search, arrest, or seizure; and no warrant ought to be issued; but i n
cases and with the formalities, prescribed by law.
June 2, l784
Amended l792 to change order of words.
[Art.] 20. [Jury Trial in Civil Causes.] In all
controversies concerning property, and in all suits between two or more
persons except those in which another practice is and has been customary
and except those in which the value in co ntroversy does not exceed
$1,500 and no title to real estate is involved, the parties have a right
to a trial by jury. This method of procedure shall be held sacred,
unless, in cases* arising on the high seas and in cases relating to
mariners' wages, the legislature shall think it necessary hereafter to
alter it.
June 2, l784
Amended in l877 to prohibit jury trials unless the amount in
controversy exceeds $l00.
Amended in l960 to increase the amount to $500 before a jury trial
may be requested.
*"Cases" appears in l792 parchment copy of constitution. Original
constitution had "causes."Amended in 1988 to change $500 to $1,500
[Art.] 2l. [Jurors; Compensation.] In order to reap the
fullest advantage of the inestimable privilege of the trial by jury,
great care ought to be taken, that none but qualified persons should be
appointed to serve; and such ought to be fully compensated for their
travel, time and attendance.
June 2, l784
[Art.] 22. [Free Speech; Liberty of the Press.] Free
speech and liberty of the press are essential to the security of freedom
in a state: They ought, therefore, to be inviolably preserved.
June 2, l784
Amended l968 to include free speech.
[Art.] 23. [Retrospective Laws Prohibited.]
Retrospective laws are highly injurious, oppressive, and unjust. No such
laws, therefore, should be made, either for the decision of civil
causes, or the punishment of offenses.
June 2, l784
[Art.] 24. [Militia.] A well regulated militia is the
proper, natural, and sure defense, of a state.
June 2, l784
[Art.] 25. [Standing Armies.] Standing armies are
dangerous to liberty, and ought not to be raised, or kept up, without
the consent of the legislature.
June 2, l784
[Art.] 26. [Military Subject to Civil Power.] In all
cases, and at all times, the military ought to be under strict
subordination to, and governed by, the civil power.
June 2, l784
[Art.] 27. [Quartering of Soldiers.] No soldier in time
of peace, shall be quartered in any house, without the consent of the
owner; and in time of war, such quarters ought not to be made but by the
civil authorities in a manner ordai ned by the legislature.
June 2, l784
Amended in l980 substituting "authorities" for "magistrate."
[Art.] 28. [Taxes, by Whom Levied.] No subsidy, charge,
tax, impost, or duty, shall be established, fixed, laid, or levied,
under any pretext whatsoever, without the consent of the people, or
their representatives in the legislature, or authority derived from that
body.
June 2, l784
[Art.] 28-a. [Mandated Programs.] The state shall not
mandate or assign any new, expanded or modified programs or
responsibilities to any political subdivision in such a way as to
necessitate additional local expenditures by the polit ical subdivision
unless such programs or responsibilities are fully funded by the state
or unless such programs or responsibilities are approved for funding by
a vote of the local legislative body of the political subdivision.
November 28, l984
[Art.] 29. [Suspension of Laws by Legislature Only.]
The power of suspending the laws, or the execution of them, ought never
to be exercised but by the legislature, or by authority derived
therefrom, to be exercised in such particular cases only as the
legislature shall expressly provide for.
June 2, l784
[Art.] 30. [Freedom of Speech.] The freedom of
deliberation, speech, and debate, in either house of the legislature, is
so essential to the rights of the people, that it cannot be the
foundation of any action, complaint, or prosecutio n, in any other court
or place whatsoever.
June 2, l784
[Art.] 3l. [Meetings of Legislature, for What Purposes.]
The legislature shall assemble for the redress of public grievances and
for making such laws as the public good may require.
June 2, l784
Amended l792 generally rewording sentence and omitting "for
correcting, strengthening and confirming the laws."
[Art.] 32. [Rights of Assembly, Instruction, and Petition.]
The people have a right, in an orderly and peaceable manner, to assemble
and consult upon the common good, give instructions to their
representatives, and to request of the l egislative body, by way of
petition or remonstrance, redress of the wrongs done them, and of the
grievances they suffer.
June 2, l784
[Art.] 33. [Excessive Bail, Fines, and Punishments Prohibited.]
No magistrate, or court of law, shall demand excessive bail or sureties,
impose excessive fines, or inflict cruel or unusual punishments.
June 2, l784
[Art.] 34. [Martial Law Limited.] No person can, in any
case, be subjected to law martial, or to any pains or penalties by
virtue of that law, except those employed in the army or navy, and
except the militia in actual service, but by authority of the
legislature.
June 2, l784
[Art.] 35. [The Judiciary; Tenure of Office, etc.] It
is essential to the preservation of the rights of every individual, his
life, liberty, property, and character, that there be an impartial
interpretation of the laws, and administr ation of justice. It is the
right of every citizen to be tried by judges as impartial as the lot of
humanity will admit. It is therefore not only the best policy, but for
the security of the rights of the people, that the judges of the supreme
judicial court should hold their offices so long as they behave well;
subject, however, to such limitations, on account of age, as may be
provided by the constitution of the state; and that they should have
honorable salaries, ascertained and established by standi ng laws.
June 2, l784
Amended l792 to provide for age limitation as provided by the
constitution.
[Art.] 36. [Pensions.] Economy being a most essential
virtue in all states, especially in a young one, no pension shall be
granted, but in consideration of actual services; and such pensions
ought to be granted with great caution, by the legislature, and never
for more than one year at a time.
June 2, l784
[Art.] 36-a [Use of Retirement Funds.] The employer
contributions certified as payable to the New Hampshire retirement
system or any successor system to fund the system's liabilities, as
shall be determined by sound actuarial valuatio n and practice,
independent of the executive office, shall be appropriated each fiscal
year to the same extent as is certified. All of the assets and proceeds,
and income therefrom, of the New Hampshire retirement system and of any
and all other retireme nt systems for public officers and employees
operated by the state or by any of its political subdivisions, and of
any successor system, and all contributions and payments made to any
such system to provide for retirement and related benefits shall be hel
d, invested or disbursed as in trust for the exclusive purpose of
providing for such benefits and shall not be encumbered for, or diverted
to, any other purposes.
November 28, l984
[Art.] 37. [Separation of Powers.] In the government of
this state, the three essential powers thereof, to wit, the legislative,
executive, and judicial, ought to be kept as separate from, and
independent of, each other, as the nature of a free government will
admit, or as is consistent with that chain of connection that binds the
whole fabric of the constitution in one indissoluble bond of union and
amity.
June 2, l784
[Art.] 38. [Social Virtues Inculcated.] A frequent
recurrence to the fundamental principles of the constitution, and a
constant adherence to justice, moderation, temperance, industry,
frugality, and all the social virtues, are indispe nsably necessary to
preserve the blessings of liberty and good government; the people ought,
therefore, to have a particular regard to all those principles in the
choice of their officers and representatives, and they have a right to
require of their lawg ivers and magistrates, an exact and constant
observance of them, in the formation and execution of the laws necessary
for the good administration of government.
June 2, l784
[Art.] 39. [Changes in Town and City Charters,
ReferendumRequired.] No law changing the charter or form of
government of a particular city or town shall be enacted by the
legislature except to become effective upon the approval of the voters
of such city or town upon a referendum to be provided for in said law.
The legislature may by general law authorize cities and towns to adopt
or amend their charters or forms of government in any way which is not
in conflict with general law, p rovided that such charters or amendments
shall become effective only upon the approval of the voters of each such
city or town on a referendum.
November l6, l966
PART SECOND FORM OF
GOVERNMENT
Article l. [Name of Body Politic.] The people
inhabiting the territory formerly called the province of New Hampshire,
do hereby solemnly and mutually agree with each other, to form
themselves into a free, sovereign and independent bod y-politic, or
state, by the name of THE STATE OF NEW HAMPSHIRE.
June 2, l784
GENERAL COURT
[Art.] 2. [Legislature, How Constituted.] The supreme
legislative power, within this state, shall be vested in the senate and
house of representatives, each of which shall have a negative on the
other.
June 2, l784
[Art.] 3. [General Court, When to Meet and Dissolve.]
The senate and house shall assemble biennially on the first Wednesday of
December for organizational purposes in even numbered years, and shall
assemble annually on the first Wedne sday following the first Tuesday in
January, and at such other times as they may judge necessary; and shall
dissolve and be dissolved at l2:0l A.M. on the first Wednesday of
December in even numbered years and shall be styled THE GENERAL COURT OF
NEW HAMP SHIRE.
June 2, l784
Amended l877 changing annual sessions to biennial sessions.
Amended l889 calling for the legislature to meet in January instead
of June.
l966 amendment permitting annual sessions was ruled invalid in
Gerber v. King, l07 NH 495.
Amended l974 to permit organizational meetings in December and the
January meeting to be on the first Wednesday after the first Tuesday.
Amended l984 changing biennial sessions to annual sessions.
[Art.] 4. [Power of General Court to Establish Courts.]
The general court (except as otherwise provided by Article 72-a of Part
2) shall forever have full power and authority to erect and constitute
judicatories and courts of record, or other courts, to be holden, in the
name of the state, for the hearing, trying, and determining, all manner
of crimes, offenses, pleas, processes, plaints, action, causes, matters
and things whatsoever arising or happening within this state, or between
or concerning persons inhabiting or residing, or brought, within the
same, whether the same be criminal or civil, or whether the crimes be
capital, or not capital, and whether the said pleas be real, personal or
mixed, and for the awarding and issuing exe cution thereon. To which
courts and judicatories, are hereby given and granted, full power and
authority, from time to time, to administer oaths or affirmations, for
the better discovery of truth in any matter in controversy, or depending
before them.
June 2, l784
Amended l966 to add exception relating to Art. 72-a, Part 2.
[Art.] 5. [Power to Make Laws, Elect Officers, Define Their
Powersand Duties, Impose Fines and Assess Taxes; Prohibited from
Authorizing Towns to Aid Certain Corporations.] And farther,
full power and authority are hereby given and gr anted 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 s ettle
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 set forth th e 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 s ame 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 wit hin, 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 defen se 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 th e state, the general court may provide for special
assessments, rates and taxes on growing wood and timber.
June 2, l784
Amended l792 changing "president" to "governor."
Amended l877 changing "annually" to "biennially." Also amended
toprohibit towns and cities from loaning money or credit to
corporations.
Amended l942 to permit a timber tax.
[Art.] 5-a. [Continuity of Government in Case of Enemy Attack.]Notwithstanding
any general or special provision of this constitution, the general
court, in order to insure continuity of state and local government
operations in periods of emergency resulting from disasters caused by
enemy attack, shall have the power and the immediate duty to provide for
prompt and temporary succession to the powers and duties of public
offices, of whatever nature and whether filled by election or appoi
ntment, the incumbents of which may become unavailable for carrying on
the powers and duties of such offices, and to adopt such other measures
as may be necessary and proper for insuring the continuity of
governmental operations including but not limited to the financing
thereof. In the exercise of the powers hereby conferred the general
court shall in all respects conform to the requirements of this
constitution except to the extent that in the judgment of the general
court so to do would be impracticab le or would admit of undue delay.
November 30, l942
[Art.] 5-b. [Power to Provide for Tax Valuations Based on Use.]
The general court may provide for the assessment of any class of real
estate at valuations based upon the current use thereof.
November l5, l968
[Art.] 6. [Valuation and Taxation.] The public charges
of government, or any part thereof, may be raised by taxation upon
polls, estates, and other classes of property, including franchises and
property when passing by will or inherit ance; and there shall be a
valuation of the estates within the state taken anew once in every five
years, at least, and as much oftener as the general court shall order.
June 2, l784Amended l903 to permit taxes on other classes of
property including franchises and property passing by inheritances.
[Art.] 6-a. [Use of Certain Revenues Restricted to Highways.]
All revenue in excess of the necessary cost of collection and
administration accruing to the state from registration fees, operators'
licenses, gasoline road tolls or any o ther special charges or taxes
with respect to the operation of motor vehicles or the sale or
consumption of motor vehicle fuels shall be appropriated and used
exclusively for the construction, reconstruction and maintenance of
public highways within this state, including the supervision of traffic
thereon and payment of the interest and principal of obligations
incurred for said purposes; and no part of such revenues shall, by
transfer of funds or otherwise, be diverted to any other purpose
whatsoever.
November 29, l938
[Art.] 6-b. [Use of Lottery Revenues Restricted to Educational
Purposes.] All moneys received from a state-run lottery and all
the interest received on such moneys shall, after deducting the
necessary costs of administration, be appropriated and used exclusively
for the school districts of the state. Such moneys shall be used
exclusively for the purpose of state aid to education and shall not be
transferred or diverted to any other purpose.
November 6, 1990
[Art.] 7. [Members of Legislature Not to Take Fees or Act
asCounsel.] No member of the general court shall take fees, be
of counsel, or act as advocate, in any cause before either branch of the
legislature; and upon due proof thereof, such member shall forfeit his
seat in the legislature.
September 5, l792
[Art.] 8. [Open Sessions of Legislature.] The doors of
the galleries, of each house of the legislature, shall be kept open to
all persons who behave decently, except when the welfare of the state,
in the opinion of either branch, shal l require secrecy.
September 5, l792
HOUSE OF REPRESENTATIVES
[Art.] 9. [Representatives Elected Every
Second Year;Apportionment of Representatives.] There shall be
in the legislature of this state a house of representatives, biennially
elected and founded on principles of equality, and represen tation
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 l97l, and every ten years thereafter,
the legislature shall make an apportionment of representatives according
to the l ast 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.
June 2, l784
Amended l877 three times providing for biennial elections;
increasing representation from l50 rateable polls to 600; prohibiting
towns and wards from being altered so as to increase representation.
Amended l942 limiting size of House to between 375 and 400.
Amended l964 providing for equal representation.
[Art.] 9-a. [Legislative Adjustments of Census with Reference
toNon-Residents.] The general court shall have the power to
provide by statute for making suitable adjustments to the general census
of the inhabitants of the state taken b y the authority of the United
States or of this state on account of non-residents temporarily residing
in this state.
November 30, l960
[Art.] l0. [Representation of Small Towns.] (Repealed)
June 2, l784. Small towns grouped together to provide one
representative for l50 rateable polls. The election meeting was to
rotate annually between the towns.
Amended l877 increasing districts to 600 inhabitants; rotation of
meeting changed to biennially.
Repealed in l889. Provisions incorporated into Art. ll.
[Art.] ll. [Small Towns; Representation by Districts.]
When any town, ward, or unincorporated place, according to the last
federal decennial census, has less than the number of inhabitants
necessary to entitle it to one representative , the legislature shall
form those towns, wards, or unincorporated places into representative
districts which contain a sufficient number of inhabitants to entitle
each district so formed to one or more representatives for the entire
district. In forming the districts, the boundaries of towns, wards and
unincorporated places shall be preserved and the towns, wards and
unincorporated places forming one district shall be reasonably proximate
to one another. The legislature shall form the representative di stricts
at its next session after approval of this article by the voters of the
state, and thereafter at the regular session following every decennial
federal census.
June 2, l784
Amended l792 changing General Assembly to General Court.
Amended l877 changing l50 rateable polls to 600 inhabitants.
Amended l889 providing that towns of less than 600 should be
represented a proportional amount of time instead of being classed as
formerly provided in Art. l0.
Amended l942 deleting reference to 600 and providing that small
towns should be represented at least once in every l0 years.
Amended l964 to permit small towns to be districted for one or more
representatives.
[Art.] ll-a. [Division of Town, Ward or Place;
RepresentativeDistricts.] Notwithstanding Articles 9 and ll, a
law providing for an apportionment to form representative districts
under Articles 9 and ll of Part Second may divide a town , ward or
unincorporated place into two or more representative districts if such
town, ward or place, by referendum requests such division.
November 22, l978 (Rejected in l976 as proposed by convention,
but adopted in l978 as proposed by the general court and including both
representative and senate districts.)
[Art.] l2. [Biennial Election of Representatives in November.]The
members of the house of representatives shall be chosen biennially, in
the month of November, and shall be the second branch of the
legislature.
June 2, l784
Amended twice in l877 substituting "biennially" for "annually"
and"November" for "March."
[Art.] l3. [Qualifications of Electors.] (Repealed)
June 2, l784. All persons qualified to vote in the election
ofsenators shall be entitled to vote within the town, district,
parish,or place where they dwell, in the choice of representatives.
Note:The phrase "town, district, parish, or place" ; was shortened to
"district" in engrossed copy of l792, apparently without authority.
Repealed in l976.
[Art.] l4. [Representatives, How Elected, Qualifications of.]Every
member of the house of representatives shall be chosen by ballot; and,
for two years, at least, next preceding his election shall have been an
inhabitant of this state; shall be, at the time of his election, an
inhabitant of the town, ward, place, or district he may be chosen to
represent and shall cease to represent such town, ward, place, or
district immediately on his ceasing to be qualified as aforesaid.
June 2, l784
Amended l852 deleting provision for representatives to have an
estate of l00 pounds.
Amended l877 deleting requirement that representatives be
Protestants.
Amended l956 substituting "ward" for "parish."
Amended l964 adding word "district."
[Art.] l5. [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 $2 50, and all other members
thereof, seasonably attending and not departing without license, the sum
of $200 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 m embers attending committee
meetings or on other legislative business on nonlegislative days.
June 2, l784
Amended l792 requiring state to pay wages instead of town.
Amended l889 setting salary for members at $200 and for officers at
$250 with $3 per day for special sessions.
Amended l960 limiting mileage to 90 legislative days.
Amended l984 limiting mileage to 45 legislative days in each annual
session.
[Art.] l6. [Vacancies in House, How Filled.] All
intermediate vacancies, in the house of representatives may be filled
up, from time to time, in the same manner as biennial elections are
made.
June 2, l784
Amended l877 changing "annual" to "biennial" elections.
[Art.] l7. [House to Impeach Before the Senate.] The
house of representatives shall be the grand inquest of the state; and
all impeachments made by them, shall be heard and tried by the senate.
June 2, l784
[Art.] l8. [Money Bills to Originate in House.] All
money bills shall originate in the house of representatives; but the
senate may propose, or concur with amendments, as on other bills.
June 2, l784
[Art.] l8-a [Budget Bills.] All sections of all budget
bills before the general court shall contain only the operating and
capital expenses for the executive, legislative and judicial branches of
government. No section or footnote of any such budget bill shall contain
any provision which establishes, amends or repeals statutory law, other
than provisions establishing, amending or repealing operating and
capital expenses for the executive, legislative and judicial branches of
governme nt.
November 28, l984
[Art.] l9. [Adjournment.] The house of representatives
shall have the power to adjourn themselves.
June 2, l784
Amended l948 substituting "five" for "two" days as length of
adjournment.
Amended l966 removing limitation on adjournment.
[Art.] 20. [Quorum, What Constitutes.] A majority of
the members of the house of representatives shall be a quorum for doing
business: But when less than two-thirds of the representatives elected
shall be present, the assent of two-th irds of those members shall be
necessary to render their acts and proceedings valid.
June 2, l784
[Art.] 2l. [Privileges of Members of Legislature.] No
member of the house of representatives, or senate shall be arrested, or
held to bail, on mesne process, during his going to, returning from, or
attendance upon, the court.
June 2, l784
[Art.] 22. [House to Elect Speaker and Officers, Settle Rules
ofProceedings, and Punish Misconduct.] The house of
representatives shall choose their own speaker, appoint their own
officers, and settle the rules of proceedings in their own house; and
shall be judge of the returns, elections, and qualifications, of its
members, as pointed out in this constitution. They shall have authority
to punish, by imprisonment, every person who shall be guilty of
disrespect to the house, in its p resence, by any disorderly and
contemptuous behavior, or by threatening, or illtreating, any of its
members; or by obstructing its deliberations; every person guilty of a
breach of its privileges, in making arrests for debt, or by assaulting
any member du ring his attendance at any session; in assaulting or
disturbing any one of its officers in the execution of any order or
procedure of the house; in assaulting any witness, or other person,
ordered to attend, by and during his attendance of the house; or i n
rescuing any person arrested by order of the house, knowing them to be
such.
June 2, l784
Amended l792 by adding that the House shall be judge of the returns,
elections, and qualifications of its members.
[Art.] 23. [Senate and Executive Have Like Powers;
ImprisonmentLimited.] The senate, governor and council, shall
have the same powers in like cases; provided, that no imprisonment by
either, for any offense, exceeds ten days.
June 2, l784
Amended l792 substituting "governor" for "president."
[Art.] 24 [Journals and Laws to be Published; Yeas and Nayes;
and Protests.] The journals of the proceedings, and all public
acts of both houses, of the legislature, shall be printed and published
immediately after every adjournment or prorogation; and upon motion made
by any one member, duly seconded, the yeas and nays, upon any question,
shall be entered, on the journal. And any member of the senate, or house
of representatives, shall have a right, on motion made at the time for t
hat purpose to have his protest, or dissent, with the reasons, against
any vote, resolve, or bill passed, entered on the journal.
June 2, l784
Amended l792 permitting protest or dissent with reasons to be
entered in the journals.
Amended l966 requiring roll call requests to be seconded.
SENATE
[Art.] 25. [Senate, How Constituted.] The senate
shall consist of twenty-four members.
June 2, l784. Provided for l2 senators.
Amended l792. Generally rephrased specifying term as one year from
the first Wednesday in June.
Amended l877 increasing senators to 24 and providing for 2 year
term.
Amended l889 so that term started in January instead of June.
Amended l974 deleting reference to term.
[Art.] 26. [Senatorial Districts, How Constituted.]
And that the state may be equally represented in the senate, the
legislature shall divide the state into single-member districts, as
nearly equal as may be in population, each consi sting of contiguous
towns, city wards and unincorporated places, without dividing any town,
city ward or unincorporated place. The legislature shall form the
single-member districts at its next session after approval of this
article by the voters of the state and thereafter at the regular session
following each decennial federal census.
June 2, l784. Number of senators elected from each district
(county) proportioned to taxes paid by each district.
Amended l792 dividing the state into l2 senatorial districts still
based on proportion of taxes paid by the district.
Amended l877 increasing senate to 24 members from single member
districts.
Amended l964 providing for election of senators on basis of
population.
[Art.] 26-a. [Division of Town, Ward or Place; Senatorial
Districts.] Notwithstanding Article 26 or any other article, a
law providing for an apportionment to form senatorial districts under
Article 26 of Part Second may divide a t own, ward or unincorporated
place into two or more senatorial districts if such town, ward or place
by referendum requests such division.
November 22, l978
[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, at some
meeting holden in the month of Novemb er.
June 2, l784. Annual election of senators at annual meeting in
March.
Amended l792 rewording phrases but not changing the meaning.
Amended l877 twice substituting biennial election and sessions for
annual elections and sessions and providing for elections in November
instead of March.
[Art.] 28. [Senators, How and by Whom Chosen; Right of
Suffrage.] (Repealed)
June 2, l784. Senate, first branch of the legislature, elected by
male inhabitants 2l years of age and older who pay their own poll tax.
Amended l792 changing wording but not the meaning.
Amended l877 twice, substituting "biennially" for "annually" and
"November" for "March."
Amended l958 removing obsolete reference to "male" inhabitants as
being the only ones allowed to vote.
Repealed l976. Provisions covered by Article ll.
[Art.] 29. [Qualifications of Senators.] Provided
nevertheless, that no person shall be capable of being elected a
senator, who is not of the age of thirty years, and who shall not have
been an inhabitant of this state for seven ye ars immediately preceding
his election, and at the time thereof he shall be an inhabitant of the
district for which he shall be chosen. Should such person, after
election, cease to be an inhabitant of the district for which he was
chosen, he shall be dis qualified to hold said position and a vacancy
shall be declared therein.
June 2, l784
Amended l852 deleting property qualifications.
Amended l877 deleting requirements that senators be Protestant.
Amended l976 adding provision that a senator is disqualified if he
moves from his district.
[Art.] 30. [Inhabitant Defined.] And every person,
qualified as the constitution provides, shall be considered an
inhabitant for the purpose of being elected into any office or place
within this state, in the town, or ward, where h e is domiciled.
June 2, l784
Amended l958 substituting "ward" for "parish, and plantation."
Amended l976 twice deleting reference to electing and substituting
"is domiciled" for "dwelleth and hath his home."
[Art.] 3l. [Inhabitants of Unincorporated Places; Their Rights,
etc.] (Repealed)
June 2, l784. Procedure and qualifications for inhabitants of
unincorporated places to vote.
Amended l877 twice providing for biennial instead of annual
elections in November instead of March.
Amended l958 deleting reference to plantations and substituting
"wards" for "parishes."
Repealed l976. Provisions covered by Part I, Art. ll.
[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, w ho 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 sa id 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.
June 2, l784
Amended l792 generally rewording section.
Amended l889 substituting "January" for "June" regarding
notification to secretary of state.
Amended l958 substituting "wards" for "parishes" and added reference
to city clerks.
Amended l974 substituting "December" for "January" and "twenty" and
"thirty" regarding notification to secretary of state.
Amended l976 changing notification to 5 days after the election.
[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, the secretary of state shal l, 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 a nd take their seats on that day.
June 2, l784. President and 3 of the council to issue summons to
senators to take their seats.
Amended l792 changing president to governor and specific number of
councilors to majority of councilors.
Amended l877 changing annually to biennially.
Amended l889 changing June to January for beginning of session.
Amended l9l2 substituting "plurality of votes" for "majority of
votes."
Amended l968 deleting proviso relating to the first year.
Amended l974 changing meeting to first Wednesday of December.
Amended l976 providing that the secretary of state should examine
the returns and notify those elected instead of governor.
[Art.] 34. [Vacancies in Senate, How Filled.] And in
case there shall not appear to be a senator elected, by a plurality of
votes, for any district, the deficiency shall be supplied in the
following manner, viz. The members of the house of representatives, and
such senators as shall be declared elected, shall take the names of the
two persons having the highest number of votes in the district, and out
of them shall elect, by joint ballot, the senator wanted for such
district; and i n this manner all such vacancies shall be filled up, in
every district of the state and in case the person receiving a plurality
of votes in any district is found by the Senate not to be qualified to
be seated, a new election shall be held forthwith in sa id district. All
vacancies in the senate arising by death, removal out of the state, or
otherwise, except from failure to elect, shall be filled by a new
election by the people of the district upon the requisition of the
governor and council, as soon as may be after such vacancies shall
happen.
June 2, l784
Amended l792 generally rewording section.
Amended l889 adding provisions for new elections in case of
vacancies.
Amended l9l2 providing for plurality of votes instead of majority.
Amended l968 providing for new election if person elected is not
qualified.
[Art.] 35. [Senate, Judges of Their Own Elections.]
The senate shall be final judges of the elections, returns, and
qualifications, of their own members, as pointed out in this
constitution.
June 2, l784
[Art.] 36. [Adjournment.] The senate shall have
power to adjourn themselves, and whenever they shall sit on the trial of
any impeachment, they may adjourn to such time and place as they may
think proper although the legislature be not assembled on such day, or
at such place.
June 2, l784
Amended l792 adding proviso relating to impeachment.
Amended l948 increasing adjournment from 2 days to 5 days.
Amended l966 deleting limitation on adjournment.
[Art.] 37. [Senate to Elect Their Own Officers; Quorum.]
The senate shall appoint their president and other officers, and
determine their own rules of proceedings: And not less than thirteen
members of the senate shall make a quorum f or doing business; and when
less than sixteen senators shall be present, the assent of ten, at
least, shall be necessary to render their acts and proceedings valid.
June 2, l784
Amended l792 adding "president."
Amended l877 increasing quorum from 7 to l3 and changing assent of 5
when less than 8 present to assent of l0 when less than l6 present.
[Art.] 38. [Senate to Try Impeachments; Mode of Proceeding.]
The senate shall be a court, with full power and authority to hear, try,
and determine, all impeachments made by the house of representatives
against any officer or offic ers of the state, for bribery, corruption,
malpractice or maladministration, in office; with full power to issue
summons, or compulsory process, for convening witnesses before them: But
previous to the trial of any such impeachment, the members of the sen
ate shall respectively be sworn truly and impartially to try and
determine the charge in question, according to evidence. And every
officer, impeached for bribery, corruption, malpractice or
maladministration in office, shall be served with an attested c opy of
the impeachment, and order of the senate thereon with such citation as
the senate may direct, setting forth the time and place of their sitting
to try the impeachment; which service shall be made by the sheriff, or
such other sworn officer as the s enate may appoint, at least fourteen
days previous to the time of trial; and such citation being duly served
and returned, the senate may proceed in the hearing of the impeachment,
giving the person impeached, if he shall appear, full liberty of
producing witnesses and proofs, and of making his defense, by himself
and counsel, and may also, upon his refusing or neglecting to appear
hear the proofs in support of the impeachment, and render judgment
thereon, his nonappearance notwithstanding; and such judgm ent shall
have the same force and effect as if the person impeached had appeared
and pleaded in the trial.
June 2, l784
Amended l792 adding mode of proceeding.
[Art.] 39. [Judgment on Impeachment Limited.] Their
judgment, however, shall not extend further than removal from office,
disqualification to hold or enjoy any place of honor, trust, or profit,
under this state, but the party so co nvicted, shall nevertheless be
liable to indictment, trial, judgment, and punishment, according to the
laws of the land.
June 2, l784
[Art.] 40. [Chief Justice to Preside on Impeachment of
Governor.] Whenever the governor shall be impeached, the chief
justice of the supreme judicial court, shall, during the trial, preside
in the senate, but have no vote therein.
September 5, l792
EXECUTIVE POWER -- GOVERNOR
[Art.] 4l. [Governor, Supreme Executive Magistrate.]
There shall be a supreme executive magistrate, who shall be styled the
Governor of the State of New Hampshire, and whose title shall be His
Excellency. The executive power of th e state is vested in the governor.
The governor shall be responsible for the faithful execution of the
laws. He may, by appropriate court action or proceeding brought in the
name of the state, enforce compliance with any constitutional or
legislative ma ndate, or restrain violation of any constitutional or
legislative power, duty, or right, by any officer, department or agency
of the state. This authority shall not be construed to authorize any
action or proceedings against the legislative or judicial b ranches.
June 2, l784
Amended l792 substituting "Governor" for "President."
Amended l966 clarifying and reinforcing executive powers of the
governor.
[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 following
the first Tu esday 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 of fice, 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.
June 2, l784
Amended l792 deleting specifics of handling votes at town meeting.
Amended l852 removing property qualification for holding office.
Amended l877 three times: biennial elections replacing annual;
elections in November instead of March; deleting provision that office
holders be of protestant religion.
Amended l889 changing June to January for the secretary of state to
lay the votes before the house and senate.
Amended l9l2 requiring a plurality instead of majority for election
of governor.
Amended l982 changing first Wednesday of January to Wednesday after
the first Tuesday.
[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 proroga tion, 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 D ecember biennially. 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.
June 2, l784
Amended l792 twice changing president to governor and inserting
"place" of adjournment.
Amended l889 changing June to January for time of dissolving
houseand senate.
Amended l974 providing for the legislature to be dissolved on the
first Wednesday of December.
Amended l980 removing "infectious distemper" as a reason for the
governor to convene the legislature at a different place.
[Art.] 44. [Veto to Bills.] Every bill which shall
have passed both houses of the general court, shall, before it becomes a
law, be presented to the governor, if he approves, he shall sign it, but
if not, he shall return it, with h is objections, to that house in which
it shall have originated, who shall enter the objections at large on
their journal, and proceed to reconsider it; if after such
reconsideration, two-thirds of that house shall agree to pass the bill,
it shall be sent, together with such objections, to the other house, by
which it shall likewise be reconsidered, and, if approved by two-thirds
of that house, it shall become a law. But in all such cases the votes of
both houses shall be determined by yeas and nays, and the names of
persons, voting for or against the bill, shall be entered on the journal
of each house respectively. If any bill shall not be returned by the
governor within five days (Sundays excepted) after it shall have been
presented to him, the same sh all be a law in like manner as if he had
signed it unless the legislature, by their adjournment, prevent its
return, in which case it shall not be a law.
September 5, l792
[Art.] 45. [Resolves to Be Treated Like Bills.]
Every resolve shall be presented to the governor, and before the same
shall take effect, shall be approved by him, or being disapproved by
him, shall be repassed by the senate and hou se of representatives,
according to the rules and limitations prescribed in the case of a bill.
September 5, l792
[Art.] 46. [Nomination and Appointment of Officers.]
All judicial officers, the attorney general, and all officers of the
navy, and general and field officers of the militia, shall be nominated
and appointed by the governor and cou ncil; and every such nomination
shall be made at least three days prior to such appointment; and no
appointment shall take place, unless a majority of the council agree
thereto.
June 2, l784
Amended l792 making minor changes in wording.
Amended l877 deleting solicitors and sheriffs from those appointed
by governor and council.
Amended l976 deleting appointment of coroners by governor and
council.
[Art.] 47. [Governor and Council Have Negative on Each
Other.] The governor and council shall have a negative on each
other, both in the nominations and appointments. Every nomination and
appointment shall be signed by the governor and council, and every
negative shall be also signed by the governor or council who made the
same.
September 5, l792
[Art.] 48. [Field Officers to Recommend, and Governor to
Appoint, Company Officers.] (Repealed)
June 2, l784
Amended l792 providing that field officers were to nominate and
recommend to the governor the captains and subalterns instead of
appointing them.
Amended l903 added proviso that nominees had to be examined and
qualified by an examining board.
Repealed l976.
[Art.] 49. [President of Senate, etc., To Act as Governor
When Office Vacant; Speaker of House to Act When Office of President of
Senate Is also Vacant.] In the event of the death, resignation,
removal from office, failure to quali fy, physical or mental incapacity,
absence from the state, or other incapacity of the governor, the
president of the senate, for the time being, shall act as governor until
the vacancy is filled or the incapacity is removed; and if the president
of the se nate, for any of the above-named causes, shall become
incapable of performing the duties of governor, the same shall devolve
upon the speaker of the house of representatives, for the time being, or
in the case of the like incapacity of the speaker, upon t he secretary
of state, or in case of his like incapacity, upon the state treasurer,
each of whom, in that order, shall act as governor, as hereinabove
provided, until the vacancy is filled or the incapacity removed.
Whenever a vacancy for the duration or remainder of the governor's term
of office occurs before the commencement of the last year of such term,
a special election for governor shall take place to fill the vacancy, as
provided by law. Whenever the speaker of the house acts as governor, he
sha ll act as such only until such time as the vacancy is filled or the
incapacity removed in either the office of governor or of president of
the senate, whichever occurs first. Whenever either the secretary of
state or the treasurer acts as governor, he sh all act as such only
until such time as the vacancy is filled or the incapacity removed in
the offices of governor, of president of the senate or of speaker of the
house, whichever occurs first. While acting as governor under this
article, the president of the senate, speaker of the house, secretary of
state or state treasurer, as the case may be, shall be styled Acting
Governor, shall not be required to take an additional oath of office,
shall have and exercise all the powers, duties and authorities of, and
receive compensation equal to that of the office of governor; and the
capacity of each such officer to serve as president of the senate as
well as senator, speaker of the house of representatives as well as
representative, secretary of state, or stat e treasurer, as the case may
be, or to receive the compensation of such office, shall be suspended
only. While the governor or an acting governor is absent from the state
on official business, he shall have the power and authority to transact
such busine ss.
June 2, l784
Amended l792 changing some wording and providing that the senate
president acting as governor could not hold his office in the senate.
Amended l889 providing for the speaker of the house to act as
governor.
Amended l956 providing that the governor while absent from the state
has authority to transact such business.
Amended l968 providing for succession through secretary of state and
state treasurer, but only until a new senate president or house speaker
is elected.
Amended l984 rewording section generally to include incapacity, new
election if vacancy occurs before last year of the term, compensation of
acting governor to equal that of governor, and suspension of senate
president acting as a senator or spe aker to act as a representative
while serving as acting governor.
[Art.] 49-a [Prolonged Failure to Qualify; Vacancy in Office
of Governor Due to Physical or Mental Incapacity, etc.]
Whenever the governor transmits to the secretary of state and president
of the senate his written declaration that he is unable to discharge the
powers and duties of his office by reason of physical or mental
incapacity and until he transmits to them a written declaration to the
contrary, the president of the senate, for the time being, shall act as
governor as provi ded in article 49, subject to the succession
provisions therein set forth. Whenever it reasonably appears to the
attorney general and a majority of the council that the governor is
unable to discharge the powers and duties of his office by reason of
phys ical or mental incapacity, but the governor is unwilling or unable
to transmit his written declaration to such effect as above provided,
the attorney general shall file a petition for declaratory judgment in
the supreme court requesting a judicial determi nation of the ability of
the governor to discharge the powers and duties of his office. After
notice and hearing, the justices of the supreme court shall render such
judgment as they find warranted by a preponderance of the evidence; and,
if the court ho lds that the governor is unable to discharge the powers
and duties of his office, the president of the senate, for the time
being, shall act as governor as provided in article 49, subject to the
succession provisions therein set forth, until such time as the
disability of the governor is removed or a newly elected governor is
inaugurated. Such disability, once determined by the supreme court, may
be removed upon petition for declaratory judgment to the supreme court
by the governor if the court finds, af ter notice and hearing, by a
preponderance of the evidence that the governor is able to discharge the
powers and duties of his office. Whenever such disability of the
governor, as determined by his written declaration or by judgment of the
supreme court, has continued for a period of 6 months, the general court
may, by concurrent resolution adopted by both houses, declare the office
of governor vacant. Whenever the governor-elect fails to qualify by
reason of physical or mental incapacity or any cause o ther than death
or resignation, for a period of 6 months following the inauguration date
established by this constitution, the general court may, by concurrent
resolution adopted by both houses, declare the office of governor
vacant. The provisions of ar ticle 49 shall govern the filling of such
vacancy, either by special election or continued service of an acting
governor. If the general court is not in session when any such 6-month
period expires, the acting governor, upon written request of at least l
/4 of the members of each house, shall convene the general court in
special session for the sole purpose of considering and acting on the
question whether to declare a vacancy in the office of governor under
this article.
November 28, l984
[Art.] 50. [Governor to Prorogue or Adjourn Legislature, and
Call Extra Sessions.] The governor, with advice of council,
shall have full power and authority, in the recess of the general court,
to prorogue the same from time to time, not exceeding ninety days, in
any one recess of said court; and during the sessions of said court, to
adjourn or prorogue it to any time the two houses may desire, and to
call it together sooner than the time to which it may be adjourned, or
prorogued, if th e welfare of the state should require the same.
June 2, l784
Amended l792 changing president to governor.
[Art.] 5l. [Powers and Duties of Governor as
Commander-in-Chief.] The governor of this state for the time
being, shall be commander-in-chief of all the military forces of the
state; and shall have full power, by himself or by any chie f commander,
or other officer or officers, from time to time, to train, instruct,
exercise and govern the militia; to call forth the militia and to put in
warlike posture the inhabitants of the state; to execute the laws of the
state and of the United Sta tes; to supress insurrection and to repel
invasion; and, in fine, the governor is hereby entrusted with all other
powers incident to the office of commander-in-chief to be exercised
agreeably to the rules and regulations of the constitution and the laws
o f the land.
June 2, l784
Amended l792 changing president to governor.
Amended l968 condensing authority of the governor as
commander-in-chief of military forces.
[Art.] 52. [Pardoning Power.] The power of pardoning
offenses, except such as persons may be convicted of before the senate,
by impeachment of the house, shall be in the governor, by and with the
advice of council: But no charter o f pardon, granted by the governor,
with advice of the council, before conviction, shall avail the party
pleading the same, notwithstanding any general or particular expressions
contained therein, descriptive of the offense or offenses intended to be
pardo ned.
June 2, l784
Amended l792 changing president to governor.
[Art.] 53. [Militia Officers, Removal of.]
(Repealed)
June 2, l784
Amended l792 changing president to governor.
Repealed l976.
[Art.] 54. [Staff and Non-commissioned Officers, by Whom
Appointed.] (Repealed)
June 2, l784
Repealed l976.
[Art.] 55. [Division of Militia into Brigades, Regiments, and
companies.] (Repealed)
June 2, l784
Repealed l976.
[Art.] 56. [Disbursements from Treasury.] No moneys
shall be issued out of the treasury of this state, and disposed of,
(except such sums as may be appropriated for the redemption of bills of
credit, or treasurer's notes, or for th e payment of interest arising
thereon) but by warrant under the hand of the governor for the time
being, by and with the advice and consent of the council, for the
necessary support and defense of this state, and for the necessary
protection and preservat ion of the inhabitants thereof, agreeably to
the acts and resolves of the general court.
June 2, l784
Amended l792 changing president to governor.
[Art.] 57. [Accounts of Military Stores.] (Repealed)
June 2, l784
Amended l792 changing president to governor.
Repealed l950.
[Art.] 58. [Compensation of Governor and Council.]
The governor and council shall be compensated for their services, from
time to time, by such grants as the general courts shall think
reasonable.
June 2, l784
Amended l792 changing president to governor.
[Art.] 59. [Salaries of Judges.] Permanent and
honorable salaries shall be established by law, for the justices of the
superior court.
June 2, l784
COUNCIL
[Art.] 60. [Councilors; Mode of Election, etc.]
There shall be biennially elected, by ballot, five councilors, for
advising the governor in the executive part of government. The
freeholders and other inhabitants in each county, qu alified to vote for
senators, shall some time in the month of November, 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.
June 2, l784
Amended l792 twice changing the council from members of the house
and senate elected by the house and senate to individuals elected by
voters - one in each county; and changing president to governor.
Amended l877 twice substituting biennially for annually and November
for March.
Amended l889 substituting January for June.
Amended l984 changing the first Wednesday to the first Wednesday
following the first Tuesday.
[Art.] 6l. [Vacancies, How Filled, if No Choice.]
And the person having a plurality of votes in any county, shall be
considered as duly elected a councilor: But if no person shall have a
plurality of votes in any county, the senate and house of
representatives shall take the names of the two persons who have the
highest number of votes in each county, and not elected, and out of
those two shall elect by joint ballot, the councilor wanted for such
county, and the qualifications for councilors shall be the same as for
senator.
September 5, l792
Amended l9l2 substituting plurality for majority.
[Art.] 62. [Subsequent Vacancies; Governor to Convene; Duties.]
If any person thus chosen a councilor, shall be elected governor or
member of either branch of the legislature, and shall accept the trust;
or if any person elected a coun cilor, shall refuse to accept the
office, or in case of the death, resignation, or removal of any
councilor out of the state, the governor may issue a precept for the
election of a new councilor in that county where such vacancy shall
happen and the choic e shall be in the same manner as before directed.
And the governor shall have full power and authority to convene the
council, from time to time, at his discretion; and, with them, or the
majority of them, may and shall, from time to time hold a council, for
ordering and directing the affairs of the state, according to the laws
of the land.
September 5, l792
[Art.] 63. [Impeachment of Councilors.] The members
of the council may be impeached by the house, and tried by the senate
for bribery, corruption, malpractice, or maladministration.
June 2, l784
Amended l792 changing wording generally and changing mal-conduct to
bribery, corruption, malpractice, or maladministration.
[Art.] 64. [Secretary to Record Proceedings of Council.]
The resolutions and advice of the council shall be recorded by the
secretary, in a register, and signed by all members present agreeing
thereto; and this record may be called for at any time, by either house
of the legislature; and any member of the council may enter his opinion
contrary to the resolutions of the majority, with the reasons for such
opinion.
June 2, l784
Amended l792 adding phrases: "by the secretary," "agreeing thereto,"
and "with the reasons for such opinion."
[Art.] 65. [Councilor Districts Provided for.] The
legislature may, if the public good shall hereafter require it, divide
the state into five districts, as nearly equal as may be, governing
themselves by the number of population, e ach district to elect a
councilor: And, in case of such division, the manner of the choice shall
be conformable to the present mode of election in counties.
September 5, l792
Amended l9l2 substituting population for rateable polls.
[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, by the two houses of the leg islature, 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.
June 2, l784
Amended l792 twice changing president to governor and election of
the council only if there is a vacancy.
Amended l877 substituting biennially for annually.
Amended l889 substituting January for June.
SECRETARY, TREASURER, ETC.
[Art.] 67. [Election of Secretary and Treasurer.]
The secretary and treasurer shall be chosen by joint ballot of the
senators and representatives assembled in one room.
June 2, l784
Amended l950 deleting commissary-general.
[Art.] 68. [State Records, Where Kept; Duty of Secretary.]
The records of the state shall be kept in the office of the secretary,
and he shall attend the governor and council, the senate and
representatives, in person, or by deputy , as they may require.
June 2, l784
Amended l792 twice transferring authority of the secretary to
appoint his deputies to next article, and changing president to
governor.
[Art.] 69. [Deputy Secretary.] The secretary of the
state shall, at all times, have a deputy, to be by him appointed; for
whose conduct in office he shall be responsible: And, in case of the
death, removal, or inability of the secr etary, his deputy shall
exercise all the duties of the office of secretary of this state, until
another shall be appointed.
June 2, l784
Amended l792 describing duties of the deputy secretary.
[Art.] 70. [Secretary to Give Bond.] The secretary,
before he enters upon the business of his office, shall give bond, with
sufficient sureties, in a reasonable sum, for the use of the state, for
the punctual performance of his tru st.
September 5, l792
COUNTY TREASURER, ETC.
[Art.] 7l. [County Treasurers, Registers of Probate, County
Attorneys, Sheriffs, and Registers of Deeds Elected.] The
county treasurers, registers of probate, county attorneys, sheriffs and
registers of deeds, shall be elected by t he inhabitants of the several
towns, in the several counties in the state, according to the method now
practiced, and the laws of the state, Provided nevertheless the
legislature shall have authority to alter the manner of certifying the
votes, and the mo de of electing those officers; but not so as to
deprive the people of the right they now have of electing them.
June 2, l784
Amended l792 twice adding proviso that the legislature could alter
the manner of certifying the votes and mode of electing the officers;
deleting oath and bond of county treasurer and transferring oath and
bond of register of deeds to next artic le.
Amended l877 adding registers of probate, county solicitors, and
sheriffs to those to be elected.
Amended l958 changing county solicitor to county attorney.
[Art.] 72. [Counties May Be Divided into Districts for
Registering Deeds.] And the legislature, on the application of
the major part of the inhabitants of any county, shall have authority to
divide the same into two districts for regi stering deeds, if to them it
shall appear necessary; each district to elect a register of deeds: And
before they enter upon the business of their offices, shall be
respectively sworn faithfully to discharge the duties thereof, and shall
severally give bon d, with sufficient sureties, in a reasonable sum, for
the use of the county for the punctual performance of their respective
trusts.
June 2, l784
Amended l792 providing for counties being divided into districts for
registering deeds and electing registers.
JUDICIARY POWER
[Art.] 72-a. [Supreme and Superior Courts.] The
judicial power of the state shall be vested in the supreme court, a
trial court of general jurisdiction known as the superior court, and
such lower courts as the legislature may establis h under Article 4th of
Part 2.
November l6, l966
[Art.] 73. [Tenure of Office To Be Expressed in Commissions;
Judges to Hold Office During Good Behavior, etc.; Removal.] The
tenure that all commissioned officers shall have by law in their offices
shall be expressed in their respecti ve commissions, and all judicial
officers duly appointed, commissioned and sworn, shall hold their
offices during good behavior except those for whom a different provision
is made in this constitution. The governor with consent of the council
may remove any commissioned officer for reasonable cause upon the
address of both houses of the legislature, provided nevertheless that
the cause for removal shall be stated fully and substantially in the
address and shall not be a cause which is a sufficient ground for
impeachment, and provided further that no officer shall be so removed
unless he shall have had an opportunity to be heard in his defense by a
joint committee of both houses of the legislature.
June 2, l784
Amended l792 changing president to governor.
Amended l966 spelling out procedures for removal from office.
[Art.] 73-a. [Supreme Court, Administration.] The chief
justice of the supreme court shall be the administrative head of all the
courts. He shall, with the concurrence of a majority of the supreme
court justices, make rules governing the administration of all courts in
the state and the practice and procedure to be followed in all such
courts. The rules so promulgated shall have the force and effect of law.
November 22, l978
[Art.] 74. [Judges to Give Opinions, When.] Each branch
of the legislature as well as the governor and council shall have
authority to require the opinions of the justices of the supreme court
upon important questions of law and upon solemn occasions.
June 2, l784
Amended l792 changing president to governor.
Amended l958 substituting supreme court for superior court.
[Art.] 75. [Justices of Peace Commissioned for Five Years.]
In order that the people may not suffer from the long continuance in
place of any justice of the peace who shall fail in discharging the
important duties of his office with a bility and fidelity, all
commissions of justice of the peace shall become void at the expiration
of five years from their respective dates, and upon the expiration of
any commission, the same may if necessary be renewed or another person
appointed as shal l most conduce to the well being of the state.
June 2, l784
[Art.] 76. [Divorce and Probate Apeals, Where Tried.]
All causes of marriage, divorce and alimony; and all appeals from the
respective judges of probate shall be heard and tried by the superior
court until the legislature shall by law make other provision.
June 2, l784
[Art.] 77. [Jurisdiction of Justices in Civil Causes.] The
general court are empowered to give to justices of the peace
jurisdiction in civil causes, when the damages demanded shall not exceed
one hundred dollars and title of real estate is n ot concerned; but with
right of appeal, to either party, to some other court. And the general
court are further empowered to give to police courts original
jurisdiction to try and determine, subject to right of appeal and trial
by jury, all criminal caus es wherein the punishment is less than
imprisonment in the state prison.
September 5, l792
Amended l877 substituting $l00 for 4 pounds
Amended l9l2 giving jurisdiction to police courts.
[Art.] 78. [Judges and Sheriffs, When Disqualified by Age.]
No person shall hold the office of judge of any court, or judge of
probate, or sheriff of any county, after he has attained the age of
seventy years.
September 5, l792
[Art.] 79. [Judges and Justices Not to Act as Counsel.]
No judge of any court, or justice of the peace, shall act as
attorney, or be of counsel, to any party, or originate any civil suit,
in matters which shall come or be brought b efore him as judge, or
justice of the peace.
September 5, l792
[Art.] 80. [Jurisdiction and Term of Probate Courts.]
All matters relating to the probate of wills, and granting letters of
administration, shall be exercised by the judges of probate, in such
manner as the legislature have directed, or may hereafter direct: And
the judges of probate shall hold their courts at such place or places,
on such fixed days, as the conveniency of the people may require; and
the legislature from time to time appoint.
June 2, l784
Amended l792 rewording section generally.
[Art.] 8l. [Judges and Registers of Probate Not to Act as
Counsel.] No judge, or register of probate, shall be of
counsel, act as advocate, or receive any fees as advocate or counsel, in
any probate business which is pending, or may b e brought into any court
of probate in the county of which he is judge or register.
September 5, l792
CLERKS OF COURTS
[Art.] 82. [Clerks of Courts, by Whom Appointed.] The
judges of the courts (those of probate excepted) shall appoint their
respective clerks to hold their office during pleasure: And no such
clerk shall act as an attorney or be of cou nsel in any cause in the
court of which he is clerk, nor shall he draw any writ originating a
civil action.
June 2, l784
Amended l792 rewording section generally.
ENCOURAGEMENT OF LITERATURE, TRADES, ETC.
[Art.] 83. [Encouragement of Literature, etc.; Control of
Corporations, Monopolies, etc.] Knowledge and learning,
generally diffused through a community, being essential to the
preservation of a free government; and spreading the oppo rtunities and
advantages of education through the various parts of the country, being
highly conducive to promote this end; it shall be the duty of the
legislators and magistrates, in all future periods of this government,
to cherish the interest of liter ature and the sciences, and all
seminaries and public schools, to encourage private and public
institutions, rewards, and immunities for the promotion of agriculture,
arts, sciences, commerce, trades, manufactures, and natural history of
the country; to c ountenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and
economy, honesty and punctuality, sincerity, sobriety, and all social
affections, and generous sentiments, among the people: Provided, ne
vertheless, that no money raised by taxation shall ever be granted or
applied for the use of the schools of institutions of any religious sect
or denomination. Free and fair competition in the trades and industries
is an inherent and essential right of t he people and should be
protected against all monopolies and conspiracies which tend to hinder
or destroy it. The size and functions of all corporations should be so
limited and regulated as to prohibit fictitious capitalization and
provision should be m ade for the supervision and government thereof.
Therefore, all just power possessed by the state is hereby granted to
the general court to enact laws to prevent the operations within the
state of all persons and associations, and all trusts and corporati ons,
foreign or domestic, and the officers thereof, who endeavor to raise the
price of any article of commerce or to destroy free and fair competition
in the trades and industries through combination, conspiracy, monopoly,
or any other unfair means; to co ntrol and regulate the acts of all such
persons, associations, corporations, trusts, and officials doing
business within the state; to prevent fictitious capitalization; and to
authorize civil and criminal proceedings in respect to all the wrongs
herein d eclared against.
June 2, l784
Amended l877 prohibiting tax money from being applied to schools of
religious denominations.
Amended l903 permitting the general court to regulate trusts and
monopolies restraining free trade.
OATHS AND SUBSCRIPTIONS - EXCLUSION FROM OFFICES - COMMISSIONS
-WRITS - CONFIRMATION OF LAWS - HABEAS CORPUS - THE ENACTING STYLE
-CONTINUANCE OF OFFICERS - PROVISION FOR FUTURE REVISION OF THE
CONSTITUTION - ETC.
[Art.] 84. [Oath of Civil Officers.] Any person
chosen governor, councilor, senator, or representative, military or
civil officer, (town officers excepted) accepting the trust, shall,
before he proceeds to execute the duties of his office, make and
subscribe the following declaration, viz. -
I, A.B. do solemnly swear, that I will bear faith and true allegiance
to the United States of America and the state of New Hampshire, and will
support the constitution thereof. So help me God.
I, A.B. do solemnly and sincerely swear and affirm that I will
faithfully and impartially discharge and perform all duties incumbent on
me as ................................................., according to
the best of my abilities, agreeably to the rul es and regulations of
this constitution and laws of the state of New Hampshie. So help me God.
Any person having taken and subscribed the oath of allegiance, and
the same being filed in the secretary's office, he shall not be obliged
to take said oath again.
Provided always, when any person chosen or appointed as aforesaid
shall be of the denomination called Quakers, or shall be scrupulous of
swearing, and shall decline taking the said oaths, such person shall
take and subscribe them, omitting the word "swear," and likewise the
words "So help me God," subjoining instead thereof, "This I do under the
pains and penalties of perjury."
I, A.B., do solemnly and sincerely swear and affirm, that I will
faithfully and impartially discharge and perform all the duties
incumbent on me as....................according to the best of my
abilities, agreeably to the rules and regulations of this constitution,
and the laws of the State of New Hampshire. So help me God
June 2, l784
Amended l792 three times, changing president to governor; shortening
oath of allegiance; and dispensing with need to take second oath.
Amended l970 adding allegiance to the United States of America.
[Art.] 85. [Before Whom Taken.] The oaths or
affirmations shall be taken and subscribed by the governor before a
justice of a New Hampshire court, in the presence of both houses of the
legislature, by the senators and representatives before the governor and
council for the time being, and by all other officers before such
persons and in such manner as the general court shall from time to time
appoint.
June 2, l784
Amended l792 three times changing president to governor, senior
senator to president of the senate, assembly to legislature, and
generally rewording section.
Amended l968 deleting reference to those first elected.
Amended l984 providing that the governor's oath shall be taken
before a justice of a New Hampshire court.
[Art.] 86. [Form of Commissions.] All commissions shall
be in the name of the state of New Hampshire, signed by the governor,
and attested by the secretary, or his deputy, and shall have the great
seal of the state affixed thereto.
June 2, l784
Amended l792 changing president to governor.
[Art.] 87. [Form of Writs.] All writs issuing out of
the clerk's office in any of the courts of law, shall be in the name of
the state of New Hampshire; shall be under the seal of the court whence
they issue, and bear test of the chie f, first, or senior justice of the
court; but when such justice shall be interested, then the writ shall
bear test of some other justice of the court, to which the same shall be
returnable; and be signed by the clerk of such court.
June 2, l784
[Art.] 88. [Form of Indictments, etc.] All indictments,
presentments, and informations, shall conclude, "against the peace and
dignity of the state."
June 2, l784
[Art.] 89. [Suicides and Deodands.] The estates of such
persons as may destroy their own lives, shall not for that offense be
forfeited, but descend or ascend in the same manner, as if such persons
had died in a natural way. Nor shal l any article, which shall
accidentally occasion the death of any person, be henceforth deemed a
deodand, or in any wise forfeited on account of such misfortune.
June 2, l784
[Art.] 90. [Existing Laws Continued if Not Repugnant.]
All the laws which have heretofore been adopted, used, and approved, in
the province, colony, or state of New Hampshire, and usually practiced
on in the courts of law, shall remai n and be in full force, until
altered and repealed by the legislature; such parts thereof only
excepted, as are repugnant to the rights and liberties contained in this
constitution: Provided that nothing herein contained, when compared with
the twenty-thi rd article in the bill of rights, shall be construed to
affect the laws already made respecting the persons, or estates of
absentees.
June 2, l784
[Art.] 9l. [Habeas Corpus.] The privilege and benefit
of the habeas corpus, shall be enjoyed in this state, in the most free,
easy, cheap, expeditious, and ample manner, and shall not be suspended
by the legislature, except upon most urgent and pressing occasions, and
for a time not exceeding three months.
June 2, l784
[Art.] 92. [Enacting Style of Statutes.] The enacting
style in making and passing acts, statutes, and laws, shall be, Be it
enacted by the Senate and House of Representatives in General Court
convened.
June 2, l784
[Art.] 93. [Governor and Judges Prohibited From Holding Other
Offices.] No governor, or judge of the supreme judicial court,
shall hold any office or place under the authority of this state, except
such as by this constitution they ar e admitted to hold, saving that the
judges of the said court may hold the offices of justice of the peace
throughout the state; nor shall they hold any place or office, or
receive any pension or salary, from any other state, government, or
power, whatever .
June 2, l784
Amended l792 changing president to governor. The engrossed copy of
l792, apparently without authority, changed superior court to supreme
judicial court.
[Art.] 94. [Incompatibility of Offices; Only Two Offices of
Profit to Be Holden at Same Time.] No person shall be capable
of exercising, at the same time more than one of the following offices
within this state, viz. judge of probate, sheriff, register of deeds;
and never more than two offices of profit, which may be held by
appointment of the governor, or governor and council, or senate and
house of representatives, or superior or inferior courts; military
offices, and offices of jus tice of the peace excepted.
June 2, l784
Amended l792 changing president to governor.
[Art.] 95. [Incompatibility of Certain Offices.] No
person holding the office of judge of any court, (except special judges)
secretary, treasurer of the state, attorney-general, register of deeds,
sheriff, collectors of state and fede ral taxes, members of Congress or
any person holding any office under the United States, including any
person in active military service, shall at the same time hold the
office of governor, or have a seat in the senate, or house of
representatives, or cou ncil; but his being chosen and appointed to, and
accepting the same, shall operate as a resignation of his seat in the
chair, senate, or house of representatives, or council; and the place so
vacated shall be filled up. No member of the council shall hav e a seat
in the senate or house of representatives.
June 2, l784
Amended l792 generally rewording section.
Amended l950 deleting commissary-general.
Amended l958 changing obsolete words and phrases.
Amended l980 prohibiting persons in active military service from
holding state office.
[Art.] 96. [Bribery and Corruption Disqualify for Office.]
No person shall ever be admitted to hold a seat in the
legislature or any office of trust or importance under this government,
who, in the due course of law, has been convicte d of bribery or
corruption, in obtaining an election or appointment.
June 2, l784
[Art.] 97. [Value of Money, How Computed.] (Repealed)
June 2, l784. Money valued at 6 shillings 8 pence per ounce of
silver.
Repealed l950.
[Art.] 98. [Constitution, When to Take Effect.] To the
end that there may be no failure of justice, or danger to the state, by
the alterations and amendments made in the constitution, the general
court is hereby fully authorized and d irected to fix the time when the
alterations and amendments shall take effect, and make the necessary
arrangements accordingly.
September 5, l792
[Art.] 99. [Revision of Constitution Provided For.]
(Repealed)
June 2, l784. Question of calling a convention to be submitted to
the people after seven years. Delegates to be elected in the same manner
as representatives. Questions to be approved by two thirds of qualified
voters present and voting there on.
Amended l792 detailing procedure for calling a convention.
Repealed l980.
[Art.] l00. [Alternate Methods of Proposing Amendments.]
Amendments to this constitution may be proposed by the general court or
by a constitutional convention selected as herein provided.
(a) The senate and house of representatives, voting separately, may
propose amendments by a three-fifths vote of the entire membership of
each house at any session.
(b) The general court, by an affirmative vote of a majority of all
members of both houses voting separately, may at any time submit the
question "Shall there be a convention to amend or revise the
constitution?" to the qualified voters of the state. If the question of
holding a convention is not submitted to the people at some time during
any period of ten years, it shall be submitted by the secretary of state
at the general election in the tenth year following the last submission.
If a maj ority of the qualified voters voting on the question of holding
a convention approves it, delegates shall be chosen at the next regular
general election, or at such earlier time as the legislature may
provide, in the same manner and proportion as the repr esentatives to
the general court are chosen. The delegates so chosen shall convene at
such time as the legislature may direct and may recess from time to time
and make such rules for the conduct of their convention as they may
determine.
(c) The constitutional convention may propose amendments by a
three-fifths vote of the entire membership of the convention. Each
consitutional amendment proposed by the general court or by a
constitutional convention shall be submitted to the voters by written
ballot at the next biennial November election and shall become a part of
the Constitution only after approval by two-thirds of the qualified
voters present and voting on the subject in the towns, wards, and
unincorporated places.
September 5, l792. Question of calling a convention to be
submitted every 7 years.
Amended l964 twice changing submission of question on calling a
convention to every l0 years rather than 7 and providing that the
general court could propose amendments.
Amended l980 twice incorporating provisions of repealed Art. 99
andrequiring all proposals be submitted at the next biennial
Novemberelection.
[Art.] l0l. [Enrollment of Constitution.] This form of
government shall be enrolled on parchment, and deposited in the
secretary's office, and be a part of the laws of the land and printed
copies thereof shall be prefixed to the books containing the laws of
this state, in all future editions thereof.
June 2, l784
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