2001 SESSION

01-0449

04/01

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 14

ANALYSIS

This constitutional amendment-concurrent resolution provides that the attorney general shall be elected by the general court and that county attorneys shall be nominated and appointed by the governor and executive council.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0449

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

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

Constitution of New Hampshire be amended as follows:

I. That article 46 of the second part of the constitution be amended to read as follows:

[Art.] 46 [Nomination and Appointment of Officers.] All judicial officers, [the attorney general, and] all county attorneys, all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least [three] 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

II. That the subdivision heading preceding article 67 of the second part of the constitution be amended to read as follows:

SECRETARY, TREASURER, ATTORNEY GENERAL, ETC.

III. That article 67 of the second part of the constitution be amended to read as follows:

[Art.] 67 [Election of the Secretary [and], Treasurer, and Attorney General.] The secretary [and], treasurer, and attorney general shall be chosen by joint ballot of the senators and representatives assembled in one room.

IV. That article 71 of the second part of the constitution be amended to read as follows:

[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 the 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 mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.

V. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2002.

VI. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2001 session of the general court shall be approved.

VII. That the wording of the question put to the qualified voters shall be:

Are you in favor of amending articles 46, 67, and 71 of the second part of the Constitution to read as follows:

That article 46 of the second part of the constitution be amended to read as follows:

[Art.] 46 [Nomination and Appointment of Officers.] All judicial officers, [the attorney general, and] all county attorneys, all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the governor and council; and every such nomination shall be made at least [three] 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

That the subdivision heading preceding article 67 of the second part of the constitution be amended to read as follows:

SECRETARY, TREASURER, ATTORNEY GENERAL, ETC.

That article 67 of the second part of the constitution be amended to read as follows:

[Art.] 67 [Election of the Secretary [and], Treasurer, and Attorney General.] The secretary [and], treasurer, and attorney general shall be chosen by joint ballot of the senators and representatives assembled in one room.

That article 71 of the second part of the constitution be amended to read as follows:

[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 the 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 mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.

VIII. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words "Questions Relating to Constitutional Amendments proposed by the 2001 General Court" shall be printed in bold type at the top of the ballot.

IX. That if any of the proposed amendments are approved by 2/3 of those voting on the amendment, such amendment shall become effective when the governor proclaims its adoption.