3/15/95....1795s
05/02/95....2438h
1995 SESSION 0719L
95-0215
08/09
SENATE BILL 2-LOCAL
AN ACT enabling any local political subdivision of the state, whose legislative body raises and appropriates funds through an annual meeting, to use the official ballot for voting on all warrant articles.
SPONSORS: Sen. Roberge, Dist 9; Sen. Rubens, Dist 5; Sen. Colantuono, Dist 14; Sen. Keough, Dist 23; Sen. Lovejoy, Dist 6; Sen. Rodeschin, Dist 8; Sen. Wheeler, Dist 11; Sen. Danais, Dist 20; Sen. Johnson, Dist 3; Rep. L. Jean, Hills 17; Rep. Feuer, Ches 2; Rep. Carson, Rock 29; Rep. Hurst, Rock 22, Rep. Burke, Hills 15; Rep. Senter, Rock 16; Rep. Fenton, Hills 24, Rep. Gorman, Rock 8
COMMITTEE: Public Affairs
AMENDED ANALYSIS
This bill enables any local political subdivision of the state, whose legislative body raises and appropriates funds through an annual meeting, to use the official ballot for voting on all warrant articles.
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EXPLANATION: Matter added to current law appears in bold italics.
Matter removed from current law appears in [brackets].
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3/15/95....1795s
05/02/95....2438h
CHAPTER 164
0719L
95-0215
08/09
SB 2-LOCAL
STATE OF NEW HAMPSHIRE
In the year of Our Lord
One Thousand Nine Hundred and Ninety-Five
AN ACT
enabling any local political subdivision of the state, whose
legislative body raises and appropriates funds through an
annual meeting, to use the official ballot for voting
on all warrant articles.
Be it Enacted by the Senate and House of
Representatives in General Court convened:
164:1 New Subdivision; Enabling Official Ballot Voting on All Questions. Amend RSA 40 by inserting after section 11 the following new subdivision:
Optional Form of Meeting - Official Ballot Referenda
40:12 Definition. In this subdivision "local political subdivision" means any local political subdivision of the state whose legislative body raises and appropriates funds through an annual meeting.
40:13 Use of Official Ballot.
I. Notwithstanding RSA 39:3-d, RSA 40:4-e, or any other provision of law, any local political subdivision as defined in RSA 40:12 which has adopted this subdivision shall utilize the official ballot for voting on all issues before the voters.
II. The warrant for any annual meeting shall prescribe the place, day and hour for each of 2 separate sessions of the meeting, and notice shall be given in accordance with RSA 39:5 and RSA 197:6.
III. The first session of the annual meeting, which shall be for the transaction of all business other than voting by official ballot shall be held between the second Tuesday of March and the Saturday following the
second Tuesday of March, at a time prescribed by the local political subdivision's governing body. The second Tuesday in March shall be deemed the annual meeting date for purposes of all applicable statutes pertaining to hearings, notice, petitioned articles and warrants, including, but not limited to, RSA 31:95-d, 32:5, 32:16, 33:8-a, 39:3, 39:5, 195:12, 197:6 and 197:7.
IV. The first session of the meeting, governed by the provisions of RSA 40:4, 40:4-a, 40:4-b, 40:4-f and 40:6-10, shall consist of explanation, discussion and debate of each warrant article. Warrant articles may be amended, subject to the following limitations:
(a) Warrant articles whose wording is prescribed by law shall not be amended.
(b) Warrant articles that are amended shall be placed on the official ballot for a final vote on the main motion, as amended.
V. A public hearing shall be held by the local governing body on the results of the first session at least 10 days, but not more than 20 days, before the second session. Notice of the hearing shall be posted in at least 2 public places in the town and at least 2 public places in each town of a multi-town district, and published in a newspaper of general circulation at least 7 days prior to the date of the hearing.
VI. All warrant articles shall be placed on the official ballot for a final vote.
VII. The second session of the annual meeting, to elect officers of the local political subdivision by official ballot, to vote on questions required by law to be inserted on said official ballot, and to vote on all warrant articles from the first session on official ballot, shall be held on the second Tuesday in April. Notwithstanding RSA 669:1, 670:1, or 671:2, the second session shall be deemed the annual election date for purposes of all applicable election statutes including, but not limited to, RSA 669:5, 669:19, 669:30, 670:3, 670:4, 670:11, 671:15, 671:19 and 671:30-32; and votes on zoning ordinances, historic district ordinances, and building codes under RSA 675.
VIII. The clerk of the local political subdivision shall prepare an official ballot, which may be separate from the official ballot used to elect officers, for all warrant articles. Wording shall be substantively the same as the main motion, as it was made or amended at the first session, with only such minor textual changes as may be required to cast the motion in the form of a question to the voters.
IX. "Operating budget" as used in this subdivision means "budget" as defined in RSA 32:3, III, exclusive of "special warrant articles," as defined in RSA 32:3, VI.
X. If no operating budget article is adopted, the local political subdivision either shall be deemed to have approved the same appropriations as contained in the operating budget authorized for the previous year, reduced and increased, as the case may be, by debt service, contracts, and other obligations previously incurred or mandated by law, or the governing body may hold a special meeting pursuant to paragraph XVI, notwithstanding any requirement for court petition, to take up the issue of a revised operating budget only. If no operating budget article is adopted the estimated revenues shall nevertheless be deemed to have been approved.
XI. The wording of the article on the operating budget shall be as follows:
"Shall the (local political subdivision) raise and appropriate as an operating budget, not including appropriations by special warrant articles, the amounts set forth on the budget posted with the warrant, for the purposes set forth therein, totaling $ ? Should this article be defeated, the operating budget shall be $ , which is the same as last year, with certain adjustments required by previous action of the (local political subdivision) or by law or the governing body may hold one special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised operating budget only."
XII. Voting at the second session shall conform to the procedures for the non-partisan ballot system as set forth in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling place, and polling hours.
XIII. Approval of all warrant articles shall be by simple majority except for questions which require a 2/3 vote by law, contract or written agreement.
XIV. Votes taken at the second session shall be subject to recount under RSA 669:30-33 and RSA 40:4-c.
XV. Votes taken at the second session shall not be reconsidered except by warrant article at a subsequent annual or special meeting.
XVI. The warrant for any special meeting shall prescribe the date, place and hour for both a first and second session. The second session shall be warned for a date not fewer than 28 days nor more than 60 days following the first session. The first and second sessions shall conform to the provisions of this subdivision pertaining to the first and second sessions of annual meetings. Special meetings shall be subject to RSA 31:5, 39:3, 195:13, 197:2, and 197:3, provided that no more than one special meeting may be held to raise and appropriate money in any one calendar year or fiscal year, whichever applies. Any special meeting held pursuant to paragraphs X and XI shall not be counted toward the number of special meetings which may be held in a given calendar or fiscal year.
40:14 Method of Adopting Official Ballot Referendum Form of Meeting.
I. This subdivision may be adopted by any local political subdivision as defined in RSA 40:12. A 3/5 vote of those voting shall be required to adopt this subdivision.
II. Adoption of this subdivision shall be deemed to constitute a vote to conduct the election of town officers by official ballot under RSA 669:14.
III. The local political subdivision shall place the question on the warrant of the annual meeting under the procedures set out in RSA 39:3 or RSA 197:6, and the question shall be voted on by official ballot in accordance with the procedures established in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours.
IV. A public hearing shall be held by the local governing body on the question at least 15 days, but not more than 30 days, before the question is to be voted on. In multi-town districts, a public hearing shall be held in each town embraced by the district, none of which shall be held on the same day. Notice of the hearing shall be posted in a least 2 public places in the town and at least 2 public places in each town of multi-town districts, and published in a newspaper of general circulation at least 7 days prior to the date of the hearing.
V. The wording of the question shall be: "Shall we adopt the provisions of RSA 40:13 to allow official ballot voting on all issues before the (local political subdivision)?"
VI. If 3/5 of those voting on the question vote "yes," RSA 40:13 shall apply within the local political subdivision at the annual or special meeting next following.
VII. Any local political subdivision which has adopted RSA 40:13 may consider rescinding its action in the manner described in RSA 40:13, III-VI. The wording of the question shall be: "Shall the provisions for voting by official ballot on all issues before the (local political subdivision) under RSA 40:13 be limited to election of officers and certain other questions?" A 3/5 vote of those voting shall be required to rescind the provisions of this subdivision, except in the case of repeal by charter enactment under RSA 49-D.
VIII. For any town which has adopted a charter under RSA 49-D:3, the method of adoption shall be the manner of amending the charter as provided under RSA 49-B.
IX. In the event that an alternative method for the adoption of official ballot voting exists under the laws of this state, then once the requirements are met for inclusion of the question on the warrant for annual meeting of whether to adopt this subdivision, neither the governing body nor the legislative body shall commence action to adopt official ballot voting through such alternative method until a final vote is taken on the warrant article. If procedures have been initiated to adopt
official ballot voting under an alternative law of this state, then neither the governing body nor the legislative body shall commence action to adopt this subdivision until such alternative procedures are exhausted.
164:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 1, 1995
Effective: July 31, 1995
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