New Hampshire Constitution

by The State of New Hampshire

Table of Contents | Part First - Bill of Rights | Part Second - Form of Government

Contents

Part First - Bill of Rights

Article

• l. Equality of men; origin and object of government.
• 2. Natural rights.
• 2-a. The bearing of arms.
• 3. Society, its organization and purposes.
• 4. Rights of conscience unalienable.
• 5. Religious freedom recognized.
• 6. Morality and piety.
• 7. State sovereignty.
• 8. Accountability of magistrates and officers; public's right to know.
• 9. No hereditary office or place.
• 10. Right of revolution.
• 11. Elections and elective franchises.
• 12. Protection and taxation reciprocal.
• 13. Conscientious objectors not compelled to bear arms.
• 14. Legal remedies to be free, complete, and prompt.
• 15. Right of accused.
• 16. Former jeopardy; jury trial in capital cases.
• 17. Venue of criminal prosecution.
• 18. Penalties to be proportioned to offenses; true design of punishment.
• 19. Searches and seizures regulated.
• 20. Jury trial in civil causes.
• 21. Jurors; compensation
• 22. Free speech; liberty of the press.
• 23. Retrospective laws prohibited.
• 24. Militia.
• 25. Standing armies.
• 26. Military, subject to civil power.
• 27. Quartering of soldiers.
• 28. Taxes, by whom levied.
• 28-a. Mandated programs.
• 29. Suspension of laws by legislature only.
• 30. Freedom of speech.
• 31. Meetings of legislature, for what purposes.
• 32. Rights of assembly, instruction, and petition.
• 33. Excessive bail, fines, and punishments prohibited.
• 34. Martial law limited.
• 35. The judiciary; tenure of office, etc.
• 36. Pensions.
• 36-a. Use of retirement funds.
• 37. Separation of powers.
• 38. Social virtues inculcated.
• 39. Changes in town and city charters; referendum required.

Part Second - Form of Government

• 1. Name of body politic.
• 2. Legislature, how constituted.
• 3. General court, when to meet and dissolve.
• 4. Power of general court to establish courts.
• 5. Power to make laws, elect officers, define their powers and duties, impose fines, and assess taxes; prohibited from authorizing towns to aid certain corporations.
• 5-a. Continuity of government in case of enemy attack.
• 5-b. Power to provide for tax valuations based on use.
• 6. Valuation and taxation.
• 6-a. Use of certain revenues restricted to highways.
• 6-b. Use of Lottery Revenues Restricted to Educational Purposes.
• 7. Members of legislature not to take fees or act as counsel.
• 8. Open sessions of legislature.

House of Representatives

• 9. Representatives elected every second year; apportionment of representatives.
• 9-a. Legislative adjustments of census with reference to non-residents.
• 10. [Repealed, 1889.]
• 11. Small towns, representation by districts.
• 11-a. Division of town, ward, or place; representative districts.
• 12. Biennial election of representatives in November.
• 13. [Repealed, 1976.]
• 14. Representatives, how elected, qualifications of.
• 15. Compensation of the legislature.
• 16. Vacancies in house, how filled.
• 17. House to impeach before the senate.
• 18. Money bills to originate in house.
• 18-a. Budget bills.
• 19. Adjournment.
• 20. Quorum, what constitutes.
• 21. Privileges of members of the legislature.
• 22. House to elect speaker and officers, settle rules of proceedings, and punish misconduct.
• 23. Senate and executive have like powers; imprisonment limited.
• 24. Journals and laws to be pub lished; yeas and nays, and protests.

Senate

• 25. Senate; how constituted.
• 26. Senatorial districts, how constituted.
• 26-a. Division of town, ward, or lace; senatorial districts.
• 27. Election of senators.
• 28. [Repealed, 1976.]
• 29. Qualifications of senators.
• 30. Inhabitant defined.
• 31. Inhabitants of unincorporated places; their rights, etc.
• 32. Biennial meetings, how warned, governed, and conducted; return of votes, etc.
• 33. Secretary of state to count votes for senators and notify persons elected.
• 34. Vacancies in senate, how filled.
• 35. Senate, judges of their own elections.
• 36. Adjournment.
• 37. Senate to elect their own officers; quorum.
• 38. Senate to try impeachments; mode of proceeding.
• 39. Judgment on impeachment limited.
• 40. Chief justice to preside on impeachment of governor.

Executive Power --- Governor

• 41. Governor, supreme executive magistrate.
• 42. Election of governor, return of votes; electors; if no choice, legislature to elect one of two highest candidates; qualifications for governor.
• 43. In cases of disagreement, governor to adjourn or prorogue legislature; if causes exist, may convene them elsewhere.
• 44. Veto to bills.
• 45. Resolves to be treated like bills.
• 46. Nomination and appointment of officers.
• 47. Governor and council have negative on each other.
• 48. [Repealed, 1976.]
• 49. President of senate, etc. to act as governor when office vacant; speaker of house to act when office of president of senate also vacant.
• 49-a. Prolonged failure to qualify; vacancy in office of governor due to physical or mental incapacity, etc.
• 50. Governor to prorogue or adjourn legislature, and call extra sessions.
• 51. Powers and duties of governor as commander-in-chief.
• 52. Pardoning power.
• 53. [Repealed, 1976.]
• 54. [Repealed, 1976.]
• 55. [Repealed, 1976.]
• 56. Disbursements from treasury.
• 57. [Repealed, 1950.]
• 58. Compensation of governor and council.
• 59. Salaries of judges.

Council

• 60. Councilors; mode of election, etc.
• 61. Vacancies, how filled, if no choice.
• 62. Subsequent vacancies; governor to convene; duties.
• 63. Impeachment of councilors.
• 64. Secretary to record proceedings of council.
• 65. Councilor districts provided for.
• 66. Elections by legislature may be adjourned from day to day; order thereof.

Secretary, Tresurer, Etc.

• 67. Election of secretary and treasurer.
• 68. State records, where kept; duty of secretary.
• 69. Deputy secretary.
• 70. Secretary to give bond.

County Treasurer, Etc.

• 71. County treasurers, registers of probate, county attorneys, sheriffs, and registers of deeds elected.
• 72. Counties may be divided into districts for registering deeds.

Judiciary Power

• 72-a. Supreme and superior courts.
• 73. Tenure of office to be expressed in commissions; judges to hold office during good behavior, etc.; removal.
• 73-a. Supreme court, administration
• 74. Judges to give opinions, when.
• 75. Justices of peace commissioned for five years.
• 76. Divorce and probate appeals, where tried.
• 77. Jurisdiction of justices in civil causes.
• 78. Judges and sheriffs, when disqualified by age.
• 79. Judges and justices not to act as counsel.
• 80. Jurisdiction and term of probate courts.
• 81. Judges and registers of probate not to act as counsel.

Clerks of Courts

• 82. Clerks of courts, by whom appointed.

Encouragement of Literature, Trade, Etc.

• 83. Encouragement of literature, etc.; control of corporations, monopolies, etc.

Oaths and Subscrptions Exclusion From Offices, Etc.

• 84. Oath of civil officers.
• 85. Before whom taken.
• 86. Form of commissions.
• 87. Form of writs.
• 88. Form of indictments, etc.
• 89. Suicides and deodands.
• 90. Existing laws continued if not repugnant.
• 91. Habeas corpus.
• 92. Enacting style of statutes.
• 93. Governor and judges prohibited from holding other offices.
• 94. Incompatibility of offices; only two offices of profit to be holden at same time.
• 95. Incompatibility of certain offices.
• 96. Bribery and corruption disqualify for office.
• 97. [Repealed, 1950.]
• 98. Constitution, when to take effect.
• 99. [Repealed, 1980.]
• 100. Alternate methods of Proposing amendments.
• 101. Enrollment of constitution.

Notes

1. New Hampshire Constitution.