Amending the constitution: in NH the people are part of the process

By BILL CHAISSON
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As a source of information on the electoral process and the candidates, ballotpedia is an extraordinary resource, although it must be said that as a source of biographical information on candidates votesmart.org does a bit better in getting down to the granular level of very local races.

In New Hampshire the state legislature can “refer” a change to the constitution, which adds it to the ballot. In order to pass, one side of the question or the other (yes versus no) must get two thirds of the vote.

Question 1 proposes an amendment that would allow individuals to take legal action against a government that this individual believes has spent public money in violation of law, an ordinance, or the constitution. Overwhelming bipartisan majorities in both houses of the legislature passed this proposed amendment earlier this year.

Question 2 is more of a philosophical query and seeks to make a point explicitly that is apparently only inferred at present.  Question 2 would add language to the New Hampshire Constitution stating that “An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.”

 

Question 1

The ballot title is as follows:

“Are you in favor of amending article 8 of the first part of the constitution to read as follows:

[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. The public also has a right to an orderly, lawful, and accountable government. Therefore, any individual taxpayer eligible to vote in the State, shall have standing to petition the Superior Court to declare whether the State or political subdivision in which the taxpayer resides has spent, or has approved spending, public funds in violation of a law, ordinance, or constitutional provision. In such a case, the taxpayer shall not have to demonstrate that his or her personal rights were impaired or prejudiced beyond his or her status as a taxpayer. However, this right shall not apply when the challenged governmental action is the subject of a judicial or administrative decision from which there is a right of appeal by statute or otherwise by the parties to that proceeding.

The measure would amend Article 8 of the New Hampshire Constitution. The following underlined text would be added:

Art. 8. Accountability of Magistrates and Officers; Public’s Right to Know. All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. The public also has a right to an orderly, lawful, and accountable government. Therefore, any individual taxpayer eligible to vote in the State shall have standing to petition the Superior Court to declare whether the State or political subdivision in which the taxpayer resides has spent, or has approved spending, public funds in violation of a law, ordinance, or constitutional provision. In such a case, the taxpayer shall not have to demonstrate that his or her personal rights were impaired or prejudiced beyond his or her status as a taxpayer. However, this right shall not apply when the challenged governmental action is the subject of a judicial or administrative decision from which there is a right of appeal by statute or otherwise by the parties to that proceeding.

 

Question 2

”The ballot title is as follows:

“Are you in favor of amending the first part of the constitution by inserting after article 2-a new article to read as follows:

[Art.] 2-b. [Right to Privacy.] An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.”

The measure would add an Article 2-b to the New Hampshire Constitution. The following text would be added:

Article 2-b. Right to Privacy.

An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.