Malcolm Rivera
The New Hampshire Constitution, which became effective on June 2, 1784, is the state's fundamental law, outlining its framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. There are two ways to amend the New Hampshire Constitution: a legislator can propose a constitutional amendment, or the House and Senate can vote to propose a constitutional convention.
| Characteristics | Values |
|---|---|
| Number of ways to amend the constitution | 2 |
| First way | A legislator proposes an amendment that passes the House and Senate with a three-fifths majority (60%). The amendment is then placed on the ballot in the next statewide election. If two-thirds (67%) of voters support the amendment, the constitution is updated. |
| Second way | The House and Senate vote to propose a constitutional convention, where voters elect delegates to draft and vote on constitutional changes. If three-fifths of the delegates approve a change, the amendment goes back to the voters. Two-thirds of voters must support the amendment for it to pass. |
| Frequency of proposals | About a dozen proposals per year |
| Frequency of constitutional conventions | Every 10 years |
| Number of amendments | 149 |
| Last amendment | November 6, 2018 |
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What You'll Learn
Legislator-proposed amendments
For the amendment to be approved, two-thirds (67%) of voters must support it. The New Hampshire Constitution is composed of two parts: the "Bill of Rights" and the "Form of Government". The subsections of each part are called "articles". Amendments can be proposed to make policy changes or clerical changes, such as gender neutrality.
Every year, there are about a dozen proposals to amend the state's constitution. Some of America's founding fathers believed that a constitution should be updated regularly. The New Hampshire Constitution is the fundamental law of the state, with which all statute laws must comply. It establishes how representatives are elected, their responsibilities, and their privileges.
The process to amend the New Hampshire Constitution is somewhat similar to the process to amend the U.S. Constitution. U.S. Representatives and Senators can propose an amendment. If it passes by a two-thirds majority, the amendment then goes to the states. Three-quarters of state legislatures must approve the amendment to make a constitutional change.
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Constitutional conventions
The New Hampshire Constitution can be amended in two ways: a legislatively referred constitutional amendment or a constitutional convention.
The New Hampshire Constitution requires the Secretary of State to put a constitutional convention on the ballot every 10 years. The question on the ballot is: "Shall there be a convention to amend or revise the Constitution?" If a constitutional convention question has not been submitted to the people in 10 years, the Secretary of State is mandated to place the question on the ballot.
Voters elect delegates to the convention, similar to the process for electing state representatives. A majority of voters is required to convene a convention. Once the delegates are elected, a three-fifths majority (60%) of the delegates must approve a constitutional change for it to go back to the voters. A two-thirds majority (67%) of voters is then required to support the amendment for the Constitution to be altered.
It has been decades since New Hampshire voters approved a constitutional convention. However, legislators still vote on constitutional amendments every year. Some popular amendments that have been proposed multiple times include a constitutional ban on an income or sales tax, the creation of an independent redistricting commission, a change to the compensation of legislators, and raising or eliminating the mandatory retirement age of 70 for judges.
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Voter approval
The New Hampshire Constitution can be amended in two ways: a legislatively referred constitutional amendment or a constitutional convention.
Legislatively Referred Constitutional Amendment
A legislator first proposes a constitutional amendment. If the proposal passes the House and Senate with a three-fifths majority (60%), the amendment is placed on the ballot in the next statewide election. A minimum of 240 votes in the New Hampshire House of Representatives and 15 votes in the New Hampshire State Senate is required. Amendments do not require the governor's signature to be referred to the ballot. If two-thirds (67%) of voters support the amendment, the constitution is updated.
Constitutional Convention
The New Hampshire Constitution requires the Secretary of State to put a constitutional convention on the ballot every 10 years. Voters elect delegates to the convention, similar to the process for electing state representatives. If three-fifths of the delegates at the convention approve a constitutional change, that amendment goes back to the voters. Two-thirds of voters must support any amendment to alter the Constitution.
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![The Constitution of New Hampshire as Amended by the Constitutional Convention Held at Concord on the First Wednesday of January, A. D. 1889. [Manchester-1889]](https://m.media-amazon.com/images/I/519Rx-9r7rL._AC_UY218_.jpg)
Clerical changes
The New Hampshire Constitution has been amended 149 times since it came into effect in 1784. Amendments are proposed to make policy changes and clerical changes, such as gender neutrality.
For example, a clerical change could involve updating outdated language or terminology to make the constitution more accessible and understandable to modern readers. This might include replacing gender-specific terms with gender-neutral alternatives, such as changing "he/she" to "they".
Another example of a clerical change could be the correction of typographical errors or inconsistencies in formatting, such as font size, style, or spacing, to ensure the document is well-presented and easy to read.
Additionally, clerical changes could involve reorganizing or restructuring sections of the constitution to improve clarity and coherence. This might include rearranging articles or subsections to make the document more logical and user-friendly. Ensuring the constitution is written in a clear, consistent, and standardized format can enhance its professionalism and readability.
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Legislative adjustments
The New Hampshire Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It is composed of two parts: the "Bill of Rights" and the "Form of Government". The subsections of each part are called "articles".
The Constitution also establishes the framework for the General Court, with Articles 2 through 8 outlining its authority to establish courts, enact state laws, provide for emergency powers, and gather funding. The House of Representatives, the lower house of the General Court, is addressed in Articles 9 through 24, which establish its authority and makeup.
The Senate, the upper house of the General Court, is addressed in Articles 25 through 40 (excluding Article 28, which was repealed in 1976). This section outlines the role and makeup of the Senate, with the key difference being that the Senate is the ultimate arbiter of all elections.
The New Hampshire Constitution also includes provisions for legislative adjustments of census data, specifically regarding non-residents. This is outlined in Article 9-a, which ensures that census data is accurately adjusted to reflect the number of non-resident individuals within the state.
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Frequently asked questions
There are two ways to change the New Hampshire Constitution. First, a legislator can propose a constitutional amendment. If that proposal passes the House and Senate with a three-fifths majority (60%), the amendment is placed on the ballot in the next statewide election. If two-thirds (67%) of voters support the amendment, the Constitution gets updated.
The second way is through a constitutional convention, which is a big meeting to draft and vote on many constitutional changes at once. Voters elect delegates to the convention, similar to the process for electing state representatives. If three-fifths of the delegates approve a constitutional change, that amendment goes back to the voters. Two-thirds of voters must support any amendment to alter the Constitution.
Every year, there are about a dozen proposals to amend the state’s constitution.
Voters approved two constitutional amendments in 2018: Article 2-b, creating a right to privacy, and a change to Article 8 giving taxpayers standing to sue the government. Other popular amendments that have been proposed several times include a constitutional ban on an income or sales tax, the creation of an independent redistricting commission, and a change to the compensation of legislators.
