HB101: (New Title) relative to qualifications for state offices and relative to vacancies in public offices.

CHAPTER 22

HB 101 - FINAL VERSION

04/10/03 1207s

2003 SESSION

03-0310

03/09

HOUSE BILL 101

AN ACT relative to qualifications for state offices and relative to vacancies in public offices.

SPONSORS: Rep. Flanagan, Rock 78; Rep. Fields, Hills 58

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill codifies certain constitutional qualifications for state elective offices. This bill also requires that the house of representatives or the senate determine that a member is unable to perform his or her legislative duties because of service in a military reserve or national guard unit in order for such service to create a vacancy. This bill also makes certain gender-neutral changes.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/10/03 1207s

03-0310

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to qualifications for state offices and relative to vacancies in public offices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

22:1 Elections; Nominations; Qualifications by Office. Amend RSA 655:5-655:8 to read as follows:

655:5 Governor. To hold the office of governor, a person must be qualified as provided in Part 2, Article 42 of the state constitution: at the time of the election, the person must have been an inhabitant of this state for 7 years next preceding, and be of the age of 30 years.

655:6 Councilor. To hold the office of councilor, a person must be qualified as provided in Part 2, Article 61 of the state constitution: the person must be of the age of 30 years, and shall have been an inhabitant of this state for 7 years immediately preceding the election, and at the time thereof shall be an inhabitant of the district for which he or she shall be chosen. Should such person, after election, cease to be an inhabitant of the district for which he or she was chosen, he or she shall be disqualified to hold said position and a vacancy shall be declared therein.

655:7 State Senator. To hold the office of state senator, a person must be qualified as provided in Part 2, Article 29 of the state constitution: the person must be of the age of 30 years, and shall have been an inhabitant of this state for 7 years immediately preceding the election, and at the time thereof shall be an inhabitant of the district for which he or she shall be chosen. Should such person, after election, cease to be an inhabitant of the district for which he or she was chosen, he or she shall be disqualified to hold said position and a vacancy shall be declared therein.

655:8 State Representative. To hold the office of state representative, a person must be at least 18 years of age and must be qualified as provided in Part 2, Article 14 of the state constitution: for 2 years, at least, next preceding the election shall have been an inhabitant of this state; and shall be, at the time of the election, an inhabitant of the town, ward, place, or district he or she may be chosen to represent, and shall cease to represent such town, ward, place, or district immediately on his or her ceasing to be qualified as aforesaid.

22:2 Elections; Vacancy. Amend RSA 652:12 to read as follows:

652:12 Vacancy. A "vacancy" shall occur in a public office if, subsequent to his or her election and prior to the completion of his or her term, the person elected to that office:

I. Either dies, resigns, or ceases to have domicile in the state or the district from which he or she was elected; or

II. Is determined by a court having jurisdiction to be insane or mentally incompetent; or

III. Is convicted of a crime which disqualifies him or her from holding office; or

IV. Fails or refuses to take the oath of office within the period prescribed in RSA 42:6 or to give or renew an official bond if required by law; or

V. Has his or her election voided by court decision or ballot law commission decision; or

VI. Is a member of the general court of New Hampshire and a member of a military reserve or national guard unit; and

(a) [Such unit] The member was called to serve in an emergency; and

(b) Service in such unit causes the member to be unable to perform his or her legislative duties, as determined by the house of representatives in the case of a member of the house of representatives and by the senate in the case of a member of the senate, for longer than 180 consecutive days; and

(c) The selectmen of any town or ward in the district from which the member is elected request of the governor and council that the office be declared vacant.

22:3 Effective Date. This act shall take effect upon its passage.

(Approved: April 24, 2003)

(Effective Date: April 24, 2003)