CACR 34 - AS INTRODUCED

2002 SESSION

02-3078

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 34

RELATING TO: the number of members of the senate and senatorial districts.

PROVIDING THAT: the senate shall consist of 2 members elected from each district and that senate districts shall conform to county boundaries and certain town boundaries.

SPONSORS: Sen. Boyce, Dist 4

COMMITTEE: Internal Affairs

ANALYSIS

This constitutional amendment-concurrent resolution makes 4 changes:

I. The senate shall consist of 2 members from each district.

II. There shall be 2 types of senate districts; one based on the geographic boundaries of the existing counties and the other based on the geographic boundaries of towns with a larger population than that of the smallest county. Town districts shall be formed after each decennial census. County districts shall remain fixed.

III. Towns, wards, and unincorporated places shall no longer be divided into 2 or more senatorial districts upon request by referendum.

IV. A quorum in the senate shall be ½ of the members plus one and if less than 2/3 of the members are present, the assent of the same number needed for a quorum shall be necessary to render their acts and proceedings valid.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02-3078

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: the number of members of the senate and senatorial districts.

PROVIDING THAT: the senate shall consist of 2 members elected from each district and that senate districts shall conform to county boundaries and certain town boundaries.

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

Constitution of New Hampshire be amended as follows:

I. That article 25 of the second part of the constitution be amended to read as follows:

[Art.] 25. [Senate, How Constituted.] The senate shall consist of [twenty-four] 2 members from each senate district.

II. That article 26 of the second part of the constitution be repealed and reenacted to read as follows:

[Art.] 26 [Senatorial Districts, How Constituted.] And that the state may be equally represented in the senate, the legislature shall divide the state into districts. Each district shall conform to the boundaries of a county of the state and each district shall be represented by 2 senators. The legislature shall further divide the state into one additional senate district for each town whose population exceeds that of the county with the least population. Each additional district shall conform to the boundaries of the town and each such district shall be represented by 2 senators. The legislature shall form the dual-member districts at its next session after approval of this article by the voters of the state. Thereafter, town districts shall be formed at the regular session following each decennial federal census. County districts shall remain fixed.

III. Article 26-a of the second part of the constitution which allows a town, ward or unincorporated place to be divided into 2 or more senatorial districts if it requests such division by referendum, be repealed.

IV. That article 37 of the second part of the constitution be amended to read as follows:

[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] 1/2 of the members of the senate plus one additional member shall make a quorum for doing business; and when less than [sixteen] 2/3 of the senators shall be present, the assent of [ten] the same number that shall constitute a quorum, at least, shall be necessary to render their acts and proceedings valid.

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 2002 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 the Constitution to provide that:

Article 25 of the second part of the constitution be amended to read as follows:

[Art.] 25. [Senate, How Constituted.] The senate shall consist of 2 members from each senate district.

Article 26 of the second part of the constitution be repealed and reenacted to read as follows:

[Art.] 26 [Senatorial Districts, How Constituted.] And that the state may be equally represented in the senate, the legislature shall divide the state into districts. Each district shall conform to the boundaries of a county of the state and each district shall be represented by 2 senators. The legislature shall further divide the state into one additional senate district for each town whose population exceeds that of the county with the least population. Each additional district shall conform to the boundaries of the town and each such district shall be represented by 2 senators. The legislature shall form the dual-member districts at its next session after approval of this article by the voters of the state. Thereafter, town districts shall be formed at the regular session following each decennial federal census. County districts shall remain fixed.

Article 26-a of the second part of the constitution which allows a town, ward or unincorporated place to be divided into 2 or more senatorial districts if it requests such division by referendum, be repealed.

Article 37 of the second part of the constitution be amended to read as follows:

[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 1/2 of the members of the senate plus one additional member shall make a quorum for doing business; and when less than 2/3 of the senators shall be present, the assent of the same number that shall constitute a quorum, at least, shall be necessary to render their acts and proceedings valid.

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 2002 General Court" shall be printed in bold type at the top of the ballot.

IX. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.