Voters will face two constitutional questions on the ballot Nov. 8. The long, confusing one isn’t very important but the short, straightforward one is.
The first amendment is the long one. Despite all the verbiage, approval will just do one thing: eliminate the position of register of probate from the state constitution.
For decades that elected job oversaw the collection and keeping of records about property ownership as well as helping people figure out the filing of wills, trusts and estates and name changes, but its duties were moved by the Legislature to circuit court clerks back in 2011. Because the position, which pays $100 a year, is in the constitution it has remained on ballots even though it has no function.
This amendment, which was placed on the ballot by the current Legislature, would eliminate the position totally.
Amendment No. 2 is easy to understand: “Shall there be a convention to amend or revise the constitution?”
It is on the ballot because New Hampshire’s constitution requires that at least once every decade, voters get the option to alter the document that forms the legal basis for the state’s laws and governance. New Hampshire was the first state to incorporate this idea into its constitution, although a number of other states have followed suit.
The state Legislature can propose amendments to the state constitution at any time. The convention is designed to give the rest of New Hampshire residents the opportunity.
Usually they say no, thank you. The state hasn’t had such a convention since 1984; in 2012, the possibility of holding a convention was rejected by a 2-to-1 margin.
A state constitutional convention can consider a wide range of topics. Past gatherings have included such perennial topics as whether to create an income tax and how to limit the size of the Legislature, as well as legalistic issues such as methods of electing convention delegates.
Surprisingly for these hyper-polarized times, this amendment has drawn almost no attention even though the convention could make sweeping changes in how we vote, how we redistrict offices, and in the balance of the power among branches of government – topics of heightened political interest. But there does not appear to be any organized campaign either for or against a convention, according to Secretary of State Dave Scanlan.
If a majority of voters support the amendment on Nov. 8, a subsequent election would select delegates. Even then it’s not easy to amend the state constitution: First, 60% of those delegates would have to support any constitutional change and then 60% of statewide voters would have to agree.
