Legislatively referred amendments are the only form of statewide direct democracy available in New Hampshire. Proposed amendments must be submitted to voters at the “next biennial November election,” following approval by a 3/5 vote of each legislative house, and are only adopted after approval of a 2/3 supermajority of voters. The legislature has the power to draft the ballot language, and the Joint Committee on Legislative Facilities determines whether or not to issue a voter information guide. In addition to the full text of the proposed amendment, New Hampshire law requires the ballot question to include a breakdown of the legislative votes on the underlying resolution. The provisions otherwise provide few standards regarding ballot contents and related materials. However, the New Hampshire Supreme Court has held that ballot language must not be misleading, even when this has meant invalidating a proposed amendment approved by voters.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in New Hampshire
New Hampshire does not have initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by New Hampshire voters. N.H. Const. art. 100(a), (c). It is only adopted after approval by a 2/3 supermajority of electors voting on the subject. Id. sub. (c).
Election Timing
Amendments proposed by the New Hampshire General Court must be submitted to voters at the next biennial November election, following approval by a 3/5 vote of the entire membership of each legislative house. N.H. Const. art. 100(a), (c).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a constitutional amendment proposed by the New Hampshire General Court must include the following information.
- Ballot question.
- Full text of the article of the constitution, as it is proposed to be amended.
- Results of the underlying legislative vote taken on the proposed amendment.
N.H. Rev. Stat. Ann. § 663:3.
Although ballots are prepared by the New Hampshire Secretary of State, id. § 656:1, the legal provisions governing constitutional amendments suggest the legislature is responsible for preparing the ballot language, see id.; id. § 17-A:8; N.H. Const. art. 100(a), (c). The question of whether to approve a proposed constitutional amendment may be submitted on a special and separate ballot. N.H. Rev. Stat. Ann. §§ 656:14, 663:2.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
- New Hampshire law does not require that information about ballot measures be published in a newspaper or similar media, beyond the voter guide described below.
Voter Information Pamphlet
Pursuant to statute, the Joint Committee on Legislative Facilities may authorize the printing or distribution of a voter’s guide. If there is a voter’s guide, it must include the underlying legislative resolution proposing the constitutional amendment. N.H. Rev. Stat. Ann. § 663:3-a(I).
JUDICIAL REVIEW
When and how can the court step in?
New Hampshire’s constitutional and statutory provisions governing constitutional amendments do not explicitly provide for pre-election judicial review of ballot language or related issues, but review may be available via other channels, including advisory opinion. See, e.g., Opinion of the Justices, 333 A.2d 714 (N.H. 1975). The legal provisions also provide few clear standards with respect to ballot language and related materials. However, post-election, the New Hampshire Supreme Court has struck down a constitutional amendment for which the ballot language was misleading. See Gerber v. King, 225 A.2d 620 (N.H. 1967).
Sample case: Gerber v. King, 225 A.2d 620 (N.H. 1967) (in a case predating current constitutional and statutory provisions, finding, post-election, that legislatively referred amendment was not properly adopted where ballot language was misleading, in that it failed to notify voters that time limit referenced legislative days instead of calendar days and conveyed the idea that a new limit would be imposed; also finding that separate constitutional amendment was effectively adopted, where meaning was clear from ballot question and voter guide).