2003 SESSION

03-0058

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION CACR 3

ANALYSIS

This constitutional amendment-concurrent resolution provides that the governor shall nominate and by and with the advice and consent of the senate, shall appoint judges of the supreme, superior, and district courts, the chief justice of the supreme court, the chief justice of the superior court, and the administrative justice of the district court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0058

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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 articles 46 and 47 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 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 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

[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, except for the nominations and appointments of judicial officers under article 46-a of the second part. Every nomination and appointment, except those made under article 46-a of the second part, shall be signed by the governor and council, and every negative shall be also signed by the governor or council who made the same.

II. That the second part of the constitution be amended by inserting after article 46 the following new article:

[Art.] 46-a. [Nomination and Appointment of Judicial Officers.] The governor shall nominate and by and with the advice and consent of the senate, shall appoint judges of the supreme, superior, and district courts, the chief justice of the supreme court, the chief justice of the superior court, and the administrative justice of the district court.

III. 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, 2004.

IV. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2004 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2003 session of the general court shall be approved.

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

"Relative to the nomination and appointment of judicial officers, are you in favor of amending articles 46 and 47 of the second part of the Constitution and inserting article 46-a into the second part of the Constitution as follows:

[Art.] 46. [Nomination and Appointment of Officers.] The attorney general, 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 3 days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto.

[Art.] 46-a. [Nomination and Appointment of Judicial Officers.] The governor shall nominate and by and with the advice and consent of the senate, shall appoint judges of the supreme, superior, and district courts, the chief justice of the supreme court, the chief justice of the superior court, and the administrative justice of the district court.

[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, except for the nominations and appointments of judicial officers under article 46-a of the second part. Every nomination and appointment, except those made under article 46-a of the second part, shall be signed by the governor and council, and every negative shall be also signed by the governor or council who made the same."

VI. 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 2003 General Court" shall be printed in bold type at the top of the ballot.

VI. 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.