Laws governing local ballot measures in New Hampshire

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

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All New Hampshire cities and towns have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in New Hampshire. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 10 counties, 234 cities, towns, and villages, and 128 special districts.

School districts

See also: School bond and tax elections in New Hampshire

New Hampshire does not require school districts to seek voter approval to issue new bonding. New Hampshire is one of nine states, along with the District of Columbia, to not require school bond or tax elections. All bonding is approved by the New Hampshire School Building Authority. A five person board determines all school funding requests. The State of New Hampshire guarantees $95 million per a fiscal cycle for issuing new bonds. If a school district has bonding approved by the Authority, the Authority must review the project, along with similar projects in the past, against the school district's needs to determine how much money is awarded. Also, the Authority must review requests within the $95 million dollar limit.

Local recall rules

As of January 2011, the settled view in New Hampshire about the availability of local recall elections is, "The courts in New Hampshire have not supported recall provisions in municipal charters because they are not granted that authority in state statute."

For additional detail, see: Laws governing recall in New Hampshire

Initiative process availability

All 13 charter cities have mandated initiative and referendum for charter amendments. Charters may also adopt initiative and referendum provisions for ordinances. All 221 towns have mandated initiative and referendum for ordinances through their town meeting form of government.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Statutes

New Hampshire Statutes 49-B:5 mandates an initiative process for charter amendments in home rule municipalities.

Initiative process features

A guide to local ballot initiatives

New Hampshire Statutes 49-B:5 details the initiative process for charter amendments.

City Initiative Process   Subject matter restrictions Petitions must be restricted to a single subject. (NH Stat. 49-B:5) Proposed amendments may not conflict with the general law. (NH Const. Part 1, Art. 39) Petition text approval Any 5 voters of the municipality may file with the municipal clerk an affidavit stating that they shall constitute a petitioners' committee. Such affidavit shall be signed by the members of such committee and an additional 20 voters of the municipality and shall include: The language of the proposed amendment The names and addresses of the committee members The address to which all notices to the committee are to be sent. The text is then reviewed for single subject compliance, and the clerk issues blank petitions to the committee. (NH Stat. 49-B:5) Petitions must be assembled and filed as one document with the city clerk. The clerk then certifies sufficiency of the petition and the petitioners' committee gets one chance to amend if insufficient. (NH Stat, 49-B:5(III), B:3) Signatures required 20% of the number of votes cast in a municipality at the last regular municipal election, but in no case less than 10 voters. (NH Stat. 49-B:5) Circulation Either the petitioners' committee, or municipal voters designated by the petitioners' committee, are authorized to circulate and file the petition. (NH Stat. 49-B:5) Petition appearance and content The municipal clerk issues the petition, in the form governed by New Hampshire Statutes 49-B:5, B:3. A circulator's affidavit is required for the completed petition. (NH Stat, 49-B:5(III), B:3)) Ordinance approval and scheduling/results of election Proposed amendments are placed on the ballot at the next regular municipal election. In the case of municipalities with biennial elections, at the next regular municipal election or at the next regular state biennial election, if such election is held not less than 60 days nor more than 365 days thereafter. Otherwise, the municipal officers shall order a special election to be held not less than 60 days from the date of the order for the purpose of voting on the proposed amendments. (NH Stat. 49-B:5) A simple majority determines the outcome of the election. (NH Stat, 49-B:6)

Initiative process in the top 10 most populated cities

The top 10 most populated cities operate under a charter. Initiative is available for charter amendments. Cities may also authorize initiative and referendum for ordinances in the city charter. Two of the cities below, Nashua and Lebanon, have done so. Portsmouth grants a petition process that forces a council vote on the proposal, but it does not go to the ballot. Manchester grants a petition process which results in a non binding advisory referendum. The provisions below come from the individual city charter or code.

Individual city provisions   Manchester Population as of the July, 2011 census update: 109,830 Charter city To initiate a non-binding referendum the signature requirement is 15% of the registered voters of the city, including at least 6% of the registered voters of each ward. Petition content requirements can be found in the Manchester Charter, Section 8.07. Petitions must be approved by the city clerk prior to circulation. Petitions shall be submitted to the city clerk not less than 45 days prior to the election at which the question is to be submitted to the voters and such petitions shall be collected within 12 months of the election at which the question will appear. After certification, the board of mayor and aldermen shall order such questions placed on the ballot at any general election, whether federal, state or municipal except a primary election, but the result of any such initiative shall be non-binding, unless otherwise required by law. 'Restrictions: Petitions may not be used for questions which involve established operational expenses of the city or questions on appointed or elected officials of the city. Manchester Charter, Sec. 8.07 Nashua Population as of the July, 2011 census update: 86,704 Charter city The signature requirement is 5% of the last preceding vote cast in the city for all candidates for governor of the state; 25% if the petitioners want the option of calling a special meeting for a vote. Petition content requirements can be found in the Nashua Charter, Sec. 99 and 104. After certification, the board of aldermen or board of education (depending on the subject matter) has 20 days to pass the measure. Otherwise, if signed by 5%, the petition is submitted at next municipal election or, if signed by 25%, the board of aldermen shall call a special meeting of the voters to be held on a Tuesday fixed by it not less than 30 nor more than 45 days and shall submit the proposed measure without alteration to a vote of the qualified voters of the city at that meeting. Provided, however, that if any municipal election is otherwise to occur within 90 days, the council may at its discretion omit the special meeting and submit the measure at this election. A simple majority vote passes the measure. Nashua Charter, Sec. 99 to 106 Concord Population as of the July, 2011 census update: 42,733 Charter city The Concord city charter does not contain provisions for initiative of ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Dover Population as of the July, 2011 census update: 30,168 Charter city The Dover city charter does not contain provisions for initiative of ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Rochester Population as of the July, 2011 census update: 29,935 Charter city The Rochester city charter does not contain provisions for initiative of ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Keene Population as of the July, 2011 census update: 23,354 Charter city The Keene city charter does not contain provisions for initiative of ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Portsmouth Population as of the July, 2011 census update: 20,848 Charter city Portsmouth has an initiative process to force a council vote on a proposed ordinance. The signature requirement is 10% of the number of voters who voted at the last regular municipal election prior to the submission of the petition. Petition content requirements can be found in the Portsmouth Charter, Sec. 8.1. After signature certification, a public hearing is held, after which the council must vote on the measure, either passing without alteration or denying, stating the reasons. Portsmouth Charter, Sec. 8.1 to 8.3 Laconia Population as of the July, 2011 census update: 15,986 Charter city The Laconia city charter does not contain provisions for initiative of ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Claremont Population as of the July, 2011 census update: 13,268 Charter city The Claremont city charter does not contain provisions for initiative of ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Lebanon Population as of the July, 2011 census update: 13,120 Charter city The signature requirement is 10% of the votes cast in the last gubernatorial election. Prior to circulation, an application must be filed with the city clerk by at least 5 citizens who are registered voters in the city requesting that they constitute a Petitioners' Committee. Applications may be filed only between September 1 and October 31 of any year for the municipal election to be held on the second Tuesday of March of the following year. (For full application requirements, including affidavits and sample questions, see Lebanon Code, Chap. 89) The city clerk will then issue blank petitions. The Petitioners' Committee may appoint additional individuals who are registered voters of the city to circulate a petition, provided that the names of these individuals and their addresses are furnished to the City Clerk prior to their circulating a petition. All petitions must be filed not later than December 21. After certification, the council has 20 days to adopt the measure or it shall be placed on the ballot at the next municipal election. A simple majority vote passes the measure. Note: Lebanon Charter, Sec. 419:23B and Code, Chap. 89 also permit the same process for a non-binding initiative. Petitioners should be careful to stipulate which they are seeking. Lebanon Charter, Sec. 419:23A Lebanon Code, Chap. 89

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, New Hampshire
• Counties in New Hampshire

External links

• New Hampshire Local Government Center (dead link)
• New Hampshire Municipal Association (dead link)
• NHMA/LGC, "The Municipal Charter Process for Towns"