EXHIBIT B
Voter's Guide to 1996 "Form of Government" Amendment
To Appear on a Special Ballot at Election
on November 8, 1966
Recommended by the
15th Constitutional Convention
at its sessions of May 13-
June 10, and July 8, 1964
...provide a check and balance on the powers of the legislature and the executive departments.
QUESTION NO. 2
2. Are you in favor of limiting the constitutional right to a roll call on any question in each house of the legislature to a member whose motion therefor has been duly seconded? | YES [] |
NOW --- AT THE PRESENT TIME, any one legislator may demand a roll call on any question in either house of the legislature. It takes 25 minutes to conduct a roll call in the House of Representatives. A single member, by abuse of the power to demand a roll call, can unreasonably delay the proceedings of the House by requiring successive roll calls on every vote taken. The Convention found that this power had been suffiently abused in the past to justify this amendment.
IF THE AMENDMENT IS ADOPTED, by enough Yes votes on Question No. 2, a demand for a roll call by a single legislator will have to be duly seconded, and it will be possible for each house of legislature, by rule, to define when such a demand has been "duly seconded". When the occasion requires it, it will be no problem to have the demand duly seconded, but it will no longer be possible for a single member capriciously to carry on a one-man "filibuster" by requiring successive roll calls on every vote taken. The U. S. Congress and nearly all state legislatures have similar rules, requiring that a request of a roll call must be seconded in some fashion. This amendment will not take away the present right of any member to have his negative vote and the reasons therefor, entered in the journal.
QUESTION NO. 3
3. Are you in favor of an amendment (a) forbidding the legislature to change the charter or form of government of any particular city or town without the approval of the voters thereof; and (b) allowing the legislature by general law to authorize cities and towns to adopt or amend their charters or form of government in any way not in conflict with general law, such charters or amendments to be effective only upon the approval of the voters of each city or town? | YES
[] |
NOW --- AT THE PRESENT TIME, New Hampshire is not a "home-rule" state. All powers of local government are derived from the legislature, and all amendments to city charters must be passed by the legislature. Much time of the legislature is devoted to matters of purely local concern, and sometimes such local laws are enacted without providing for a local referendum thereon.
IF THE AMENDMENT IS ADOPTED, by enough Yes votes on Question No. 3, "home-rule" will be increased. No legislative act which changes the charter or form of government of a particular city or town could take effect until it had been approved by popular vote on a referendum conducted in such city or town. This provision will not require a referendum on general legislation which affects alike all cities and towns, or all cities or towns in the same class. Nor will this provision affect special acts which do not literally change the charter or form of government of a city or town. The amendment would also empower the legislature to delegate by general law to cities and towns the power to adopt or amend their charters or forms of government, in conformity with general law, if approved by popular vote at a local referendum thereon. This provision could eventually lighten the workload of the legislature in this field.
QUESTION NO. 4
4. Are you in favor of the proposed amendment to Article 29 reducing the residence requirement for a state senator (and also a councilor) from seven to four years? | YES [] |
This question is self explanatory. The present requirement of seven years' residence in the state for service in the state senate and the executive council, was believed by the Convention to be unduly restrictive in these modern times, when the Nation's population is more mobile and our State is rapidly acquiring many new residents with much ability to contribute to the public service. The proposed four-year residence requirement for service in the state senate and the executive council is thought to be more in keeping with present day conditions, yet long enough to discourage "fly-by-night" officeholding. Many other states have adopted similar provisions in recent years....
Last update on 22-Apr-00 at 9:33 PM.
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