State constitution
Constitution of New Hampshire
Data from NH General Court
New Hampshire's constitution has two Parts (Part First = Bill of Rights; Part Second = Form of Government), and each Part's numbered subdivisions are called Articles. Here each Part is mapped to the article/section model: Part First is one entry (its articles as sections), and Part Second is split into its official article-groupings (each an entry, its articles as sections). Lettered articles (2-a, 28-a, etc.) are amendments. Condensed text; read the verbatim articles at the source link.
Article Pt.I Part First — Bill of Rights
§ 1 Equality of men; origin and object of government
All men are born equally free and independent, and government is instituted for the common benefit, not for the profit of any one class of men.
§ 2 Natural rights
All men have certain natural, essential, and inherent rights, including enjoying and defending life and liberty, acquiring and protecting property, and seeking happiness; equality of rights is not denied on account of race, creed, color, sex, or national origin.
§ 2-a The bearing of arms
All persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state.
§ 2-b Right of privacy
An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.
§ 3 Society, its organization and purposes
When men enter into a state of society, they surrender some natural rights to secure the protection of others.
§ 4 Rights of conscience unalienable
The rights of conscience are unalienable, as no equivalent can be given or received for them.
§ 5 Religious freedom recognized
Every individual has the natural and unalienable right to worship God according to the dictates of their own conscience and reason.
§ 6 Morality and piety
The state may empower towns and religious societies to make provision for the public worship of God and the support of public teachers of morality, without any subordination of one sect to another.
§ 7 State sovereignty
The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state.
§ 8 Accountability of magistrates and officers; public's right to know
All power residing originally in the people, magistrates are their agents and accountable to them, and the public has a right of access to governmental records and proceedings.
§ 9 No hereditary office or place
No office or place should be hereditary, as the abilities and integrity it requires are not transmissible to posterity.
§ 10 Right of revolution
Whenever the ends of government are perverted and public liberty manifestly endangered, the people may reform the old or establish a new government.
§ 11 Elections and elective franchises
All elections are to be free, and every qualified inhabitant has an equal right to vote and to be elected to office, with voter identification and absentee provisions as authorized.
§ 12 Protection and taxation reciprocal
Every member of the community is bound to contribute their share to the expense of protection and to yield personal service when necessary, and none may be taxed without their own consent through representatives.
§ 12-a Power to take property limited
No part of a person's property may be taken by eminent domain and transferred to a private party, and public use does not include taking for private development.
§ 13 Conscientious objectors not compelled to bear arms
No person conscientiously scrupulous about the lawfulness of bearing arms may be compelled to do so.
§ 14 Legal remedies to be free, complete, and prompt
Every person is entitled to a certain remedy, by having recourse to the laws, for all injuries received, promptly and without being obliged to purchase it.
§ 15 Right of accused
No person may be held to answer for a crime without being fully informed of the charge, confronted by witnesses, allowed counsel, and afforded due process, and none may be compelled to accuse or furnish evidence against themselves.
§ 16 Former jeopardy; jury trial in capital cases
No person may be tried twice for the same offense, and no one may be tried for a capital or infamous crime except on indictment by a grand jury.
§ 17 Venue of criminal prosecutions
In criminal prosecutions, the trial is held in the county where the offense was committed, unless the legislature provides otherwise for the accused's safety and impartiality.
§ 18 Penalties proportioned to offenses; true design of punishment
All penalties should be proportioned to the offense, and the true design of punishment is to reform, not to exterminate, mankind.
§ 19 Searches and seizures regulated
Every person has a right to be secure from unreasonable searches and seizures, and no warrant issues without special designation supported by oath.
§ 20 Jury trial in civil causes
In civil suits, and in the trial of civil issues where the value exceeds the amount set by law, the parties have a right to trial by jury.
§ 21 Jurors; compensation
Jurors are entitled to a reasonable compensation, and no one should sit as a juror who is not indifferent.
§ 22 Free speech; liberty of the press
Free speech and liberty of the press are essential to the security of freedom in a state and ought to be inviolably preserved.
§ 23 Retrospective laws prohibited
Retrospective laws are highly injurious, oppressive, and unjust, and none should be made for the decision of civil causes or the punishment of offenses.
§ 24 Militia
A well regulated militia is the proper, natural, and sure defense of a state.
§ 25 Standing armies
Standing armies are dangerous to liberty and should not be maintained without the consent of the legislature.
§ 26 Military subject to civil power
The military should always be held in exact subordination to the civil power and be governed by it.
§ 27 Quartering of soldiers
No soldier in time of peace may be quartered in any house without the owner's consent, nor in war except in a manner prescribed by law.
§ 28 Taxes, by whom levied
No subsidy, tax, or duty may be levied without the consent of the people or their representatives in the legislature.
§ 28-a Mandated programs
The state may not mandate new or expanded programs on political subdivisions unless it also appropriates funds to pay their cost.
§ 29 Suspension of laws by legislature only
The power of suspending the laws, or their execution, may be exercised only by the legislature or by its express authority.
§ 30 Freedom of speech (in the legislature)
Freedom of deliberation, speech, and debate in either house of the legislature is essential and may not be the basis of any action in any other court or place.
§ 31 Meetings of legislature, for what purposes
The legislature assembles for redress of public grievances and to make laws needed for the common good, not repugnant to the constitution.
§ 32 Rights of assembly, instruction, and petition
The people have a right, in an orderly manner, to assemble, to consult upon the common good, to instruct their representatives, and to petition for redress of grievances.
§ 33 Excessive bail, fines, and punishments prohibited
No excessive bail or fines may be required, nor cruel or unusual punishments inflicted.
§ 34 Martial law limited
No person may be subject to martial law, or punished under military law, except those actually in the military service or the militia in actual service.
§ 35 The judiciary; tenure of office
It is essential to the impartial administration of justice that judges be as free, impartial, and independent as the lot of humanity will admit.
§ 36 Pensions
Economy being an essential virtue, pensions should be granted only in consideration of actual services and with great caution.
§ 36-a Use of retirement funds
The retirement funds of public employees are held in trust and may not be used for any purpose other than the exclusive benefit of the members and beneficiaries.
§ 37 Separation of powers
The three essential powers of government ought to be kept as separate from and independent of each other as the nature of a free government will admit.
§ 38 Social virtues inculcated
A frequent recurrence to the fundamental principles of the constitution and a constant adherence to justice, moderation, and the social virtues are indispensable to preserving free government.
§ 39 Changes in town and city charters; referendum required
No law changing the charter or form of government of a particular city or town takes effect until submitted to and approved by the voters of that city or town.
Article Pt.II·A Part Second — Form of Government (General; the General Court)
§ 1 Name of body politic
The people inhabiting the territory formerly called the province of New Hampshire form a body politic named The State of New Hampshire.
§ 2 Legislature, how constituted
The supreme legislative power is vested in the senate and house of representatives, together called the general court, each with a negative on the other.
§ 3 General court, when to meet and dissolve
The general court convenes in regular session and continues until adjourned or dissolved as provided.
§ 4 Power of general court to establish courts
The general court has full power to erect and constitute courts of record and other courts as needed.
§ 5 Power to make laws; limits
The general court may make wholesome laws, elect officers, define their powers, impose fines, and assess taxes, but may not authorize towns to lend credit to or aid private corporations.
§ 5-a Continuity of government in case of enemy attack
The legislature may provide for the prompt and temporary succession to governmental powers in the event of an enemy attack.
§ 5-b Power to provide for tax valuations based on use
The legislature may provide for the assessment of open-space, farm, forest, and recreation land on the basis of its current use.
§ 6 Valuation and taxation
The legislature provides for a proportional and reasonable valuation and taxation of estates within the state.
§ 6-a Use of certain revenues restricted to highways
Revenues from motor-vehicle registration fees and fuel taxes are used exclusively for the construction and maintenance of public highways.
§ 6-b Use of lottery revenues restricted to educational purposes
The net revenues from any state lottery are appropriated and used exclusively for the support of education.
§ 7 Members of legislature not to take fees or act as counsel
No member of the general court may take any fee or act as counsel in a case pending before the legislature.
§ 8 Open sessions of legislature
The doors of the chambers of each house and of committees of the whole are kept open to the public.
Article Pt.II·B Part Second — House of Representatives
§ 9 Representatives elected biennially; apportionment
Representatives are elected every second year and apportioned among towns and districts according to population, subject to a fixed size of the house.
§ 9-a Legislative adjustments of census re non-residents
The legislature may adjust the census figures used for apportionment to account for non-residents.
§ 10 Representation of small towns
Small towns whose population is below the ratio are provided representation through the district or fractional systems.
§ 11 Small towns; representation by districts
Towns too small for their own representative are combined into representative districts.
§ 11-a Division of town, ward or place; representative districts
No town, ward, or place may be divided in the formation of a representative district except as required to satisfy population equality.
§ 12 Biennial election of representatives in November
Representatives are chosen at the biennial general election held in November.
§ 13 Qualifications of electors
Every inhabitant who is a citizen, at least eighteen, and domiciled in the town or ward is a qualified voter.
§ 14 Representatives, how elected; qualifications
Representatives must be qualified voters domiciled in the district and are elected by the inhabitants of that district.
§ 15 Compensation of the legislature
Members of the general court receive the compensation and mileage established by law.
§ 16 Vacancies in house, how filled
Vacancies in the house of representatives are filled as provided by law.
§ 17 House to impeach before the senate
The house of representatives is the grand inquest of the state and has the sole power to impeach before the senate.
§ 18 Money bills to originate in house
All money bills originate in the house of representatives, though the senate may propose or concur in amendments.
§ 18-a Budget bills
The operating budget bill and capital budget bill originate in the house of representatives.
§ 19 Adjournment
The house may adjourn itself, but not for more than the period fixed without the senate's consent.
§ 20 Quorum, what constitutes
A majority of the members of the house constitutes a quorum for doing business.
§ 21 Privileges of members of legislature
No member of the legislature may be arrested or held to answer, during a session and going to and returning, except for treason, felony, or breach of the peace.
§ 22 House to elect speaker and officers; rules; discipline
The house chooses its speaker and officers, settles its rules of proceeding, and may punish members and others for misconduct or disrespect.
§ 23 Senate and executive have like powers; imprisonment limited
The senate, governor, and council have like power to punish for contempt, but imprisonment may not extend beyond the session.
§ 24 Journals and laws to be published; yeas and nays; protests
The journals of both houses and the laws are published, the yeas and nays are recorded on request, and members may enter their protests on the journal.
Article Pt.II·C Part Second — Senate
§ 25 Senate, how constituted
The senate consists of twenty-four members elected biennially from the senatorial districts.
§ 26 Senatorial districts, how constituted
The state is divided into twenty-four single-member senatorial districts as nearly equal in population as may be.
§ 26-a Division of town, ward or place; senatorial districts
No town, ward, or place may be divided in forming a senatorial district except to satisfy population equality.
§ 27 Election of senators
Senators are chosen by the inhabitants of their district qualified to vote for representatives.
§ 28 Senators, how and by whom chosen; right of suffrage
The freeholders and other qualified inhabitants of each district elect their senator by ballot.
§ 29 Qualifications of senators
A senator must be a qualified voter, at least thirty years old, and domiciled in the district for the required period.
§ 30 Inhabitant defined
For voting and office, an inhabitant is a person domiciled in the town, ward, or place.
§ 31 Inhabitants of unincorporated places; their rights
Inhabitants of unincorporated places have the rights of voting and are subject to taxation as provided by law.
§ 32 Biennial meetings; conduct; return of votes
Biennial meetings for the election of senators are warned, governed, and conducted, and the votes returned, as provided.
§ 33 Secretary of state to count votes for senators
The secretary of state counts the votes for senators and notifies the persons elected.
§ 34 Vacancies in senate, how filled
Vacancies in the senate are filled as provided by law.
§ 35 Senate, judges of their own elections
The senate is the final judge of the elections, returns, and qualifications of its own members.
§ 36 Adjournment
The senate may adjourn itself, but not for longer than the period fixed without the house's consent.
§ 37 Senate to elect their own officers; quorum
The senate elects its president and other officers, and a majority of members constitutes a quorum.
§ 38 Senate to try impeachments; mode of proceeding
The senate has the sole power to try all impeachments, sitting on oath and requiring a two-thirds vote to convict.
§ 39 Judgment on impeachment limited
Judgment on impeachment extends only to removal from office and disqualification, leaving the party liable to ordinary prosecution.
§ 40 Chief justice to preside on impeachment of governor
When the governor is tried on impeachment, the chief justice of the supreme court presides.
Article Pt.II·D Part Second — Executive Power (Governor)
§ 41 Governor, supreme executive magistrate
The governor is the supreme executive magistrate, styled His Excellency, responsible for the faithful execution of the laws.
§ 42 Election of governor; return of votes
The governor is elected biennially by the qualified voters; if no candidate has a majority, the legislature elects one of the two highest.
§ 43 Governor to adjourn or convene legislature on disagreement
If the two houses disagree on adjournment, the governor may adjourn or prorogue them, and in emergencies may convene them elsewhere.
§ 44 Veto to bills
Every bill passed by both houses is presented to the governor, who may sign it or return it with objections; a two-thirds vote of each house overrides a veto.
§ 45 Resolves to be treated like bills
Every resolve is presented to the governor and dealt with in the same manner as a bill before taking effect.
§ 46 Nomination and appointment of officers
The governor, with the advice and consent of the council, nominates and appoints designated state officers.
§ 47 Governor and council have negative on each other
No appointment may be made without the concurrence of the governor and a majority of the council, each having a negative on the other.
§ 48 Field officers recommend, governor appoints company officers
Field officers of the militia recommend, and the governor commissions, the company officers.
§ 49 Succession when office of governor vacant
When the office of governor is vacant, the president of the senate acts as governor, and after that the speaker of the house.
§ 50 Governor to prorogue or adjourn legislature; extra sessions
The governor may prorogue or adjourn the legislature and may call extra sessions on extraordinary occasions.
§ 51 Powers and duties of governor as commander-in-chief
The governor is commander-in-chief of the army, navy, and militia of the state, subject to constitutional limits.
§ 52 Pardoning power
The governor, with the advice of the council, may grant pardons and commutations for offenses, except in cases of impeachment.
§ 53 Militia officers, removal of
Militia officers may be removed as provided by law and the rules of discipline.
§ 54 Staff and non-commissioned officers, by whom appointed
Staff and non-commissioned militia officers are appointed as provided.
§ 55 Division of militia into brigades, regiments, and companies
The militia is divided into brigades, regiments, and companies as arranged by law.
§ 56 Disbursements from treasury
No money is issued from the treasury but by warrant under the hand of the governor with the council's advice.
§ 57 Accounts of military stores
The captains and commanding officers of the militia account for military stores as required.
§ 58 Compensation of governor and council
The governor and council receive an honorable compensation established by law, not diminished during their continuance in office.
§ 59 Salaries of judges
Permanent and honorable salaries are established by law for the justices of the supreme and superior courts.
Article Pt.II·E Part Second — Council
§ 60 Councilors; mode of election
Five councilors are elected biennially from the councilor districts to advise the governor in the executive part of government.
§ 61 Vacancies, how filled if no choice
If no councilor is chosen in a district, the legislature fills the seat from the qualified candidates.
§ 62 Subsequent vacancies; governor to convene; duties
Later vacancies in the council are filled as provided, and the governor may convene the council to conduct business.
§ 63 Impeachment of councilors
Councilors are liable to impeachment for bribery, corruption, malpractice, or maladministration.
§ 64 Secretary to record proceedings of council
The secretary of state keeps a record of the proceedings of the council.
§ 65 Councilor districts provided for
The state is divided into five councilor districts as nearly equal in population as may be.
§ 66 Elections by legislature may be adjourned day to day
When the legislature makes elections, it may adjourn from day to day until a choice is made.
Article Pt.II·F Part Second — Secretary, Treasurer, Etc.
§ 67 Election of secretary and treasurer
The secretary of state and the state treasurer are elected biennially by joint ballot of the senators and representatives.
§ 68 State records, where kept; duty of secretary
The state records are kept in the office of the secretary, who attends the governor and council, senate, and house as required.
§ 69 Deputy secretary
The secretary of state may appoint a deputy to act in the secretary's stead.
§ 70 Secretary to give bond
The secretary of state gives bond for the faithful discharge of the duties of the office.
Article Pt.II·G Part Second — County Treasurer, Etc.
§ 71 County officers elected
County treasurers, registers of probate, county attorneys, sheriffs, and registers of deeds are elected by the qualified voters of their counties.
§ 72 Counties may be divided into districts for registering deeds
The legislature may divide counties into districts for registering deeds and provide for a register in each.
Article Pt.II·H Part Second — Judiciary Power
§ 72-a Supreme and superior courts
The judicial power is vested in the supreme court and a superior court, and in such other lower courts as the legislature establishes.
§ 73 Tenure of office; judges hold office during good behavior
Judicial commissions express the tenure of office, and judges hold office during good behavior until retirement, subject to removal as provided.
§ 73-a Supreme court, administration
The chief justice of the supreme court is the administrative head of all the courts and makes rules governing their administration, practice, and procedure.
§ 74 Judges to give opinions, when
The justices of the supreme court must give their opinion upon important questions of law when required by the governor, council, senate, or house.
§ 75 Justices of peace commissioned for five years
Justices of the peace are commissioned for five years and may be renewed.
§ 76 Divorce and probate appeals, where tried
All causes of marriage, divorce, and probate appeals are heard and tried by the courts designated by law.
§ 77 Jurisdiction of justices in civil causes
A justice of the peace may hear minor civil causes up to the amount fixed by law, subject to appeal.
§ 78 Judges and sheriffs, when disqualified by age
No person may hold the office of judge or sheriff after reaching the age of seventy.
§ 79 Judges and justices not to act as counsel
No judge or justice of any court may act as counsel or attorney in any cause.
§ 80 Jurisdiction and term of probate courts
The jurisdiction, powers, and terms of the probate courts are established by law.
§ 81 Judges and registers of probate not to act as counsel
No judge or register of probate may act as counsel in any matter within their court's jurisdiction.
Article Pt.II·I Part Second — Clerks of Courts
§ 82 Clerks of courts, by whom appointed
The clerks of the courts are appointed by the judges of those courts.
Article Pt.II·J Part Second — Encouragement of Literature, Trade, Etc.
§ 83 Encouragement of literature; control of corporations and monopolies
Knowledge and learning are to be cherished and public schools and the seminary at Hanover supported, and free and fair competition is encouraged while monopolies and combinations in restraint of trade are subject to reasonable regulation.
Article Pt.II·K Part Second — Oaths and Subscriptions; Exclusion From Offices; Etc.
§ 84 Oath of civil officers
Every civil officer takes an oath to bear faith and true allegiance to the state and to faithfully discharge the duties of the office.
§ 85 Before whom taken
The oaths and subscriptions are taken and subscribed before the officials designated by law.
§ 86 Form of commissions
All commissions run in the name of the State of New Hampshire, are signed by the governor, and bear the state seal.
§ 87 Form of writs
All writs issue in the name of the State of New Hampshire, are under seal, and are signed by the clerk of the court.
§ 88 Form of indictments, etc.
Indictments conclude against the peace and dignity of the state.
§ 89 Suicides and deodands
No estate is forfeited by suicide, and no deodand is exacted.
§ 90 Existing laws continued if not repugnant
All laws in force at the adoption of the constitution remain in force until altered or repealed, unless repugnant to it.
§ 91 Habeas corpus
The privilege of the writ of habeas corpus is enjoyed in the most free, easy, and ample manner, and may be suspended only by the legislature in the most urgent cases.
§ 92 Enacting style of statutes
The enacting style of statutes is, Be it enacted by the Senate and House of Representatives in General Court convened.
§ 93 Governor and judges prohibited from holding other offices
The governor and judges of the supreme court are prohibited from holding certain other offices while serving.
§ 94 Incompatibility of offices; limit on offices of profit
No person may hold more than two offices of profit that are incompatible, and enumerated combinations of offices are forbidden.
§ 95 Incompatibility of certain offices
Holding certain state and judicial offices at the same time is prohibited as incompatible.
§ 96 Bribery and corruption disqualify for office
Any person convicted of bribery or corruption in obtaining an election or appointment is disqualified from holding that office.
§ 97 Value of money, how computed
All money values referred to in the constitution are computed in the lawful money of the United States.
§ 98 Constitution, when to take effect
The constitution took effect at the time fixed for its establishment.
§ 99 Revision of constitution provided for
The question of revising the constitution by convention is submitted to the voters at least every ten years.
§ 100 Alternate methods of proposing amendments
Amendments may be proposed either by a constitutional convention or by a three-fifths vote of each house, and take effect when ratified by two-thirds of the voters.
§ 101 Enrollment of constitution
The constitution is enrolled, deposited in the secretary of state's office, and printed for the people.
Full, verbatim text at NH General Court