Government of New Hampshire | |
|---|---|
 | |
| Polity type | Sub-national administrative division (federated state) |
| Part of | United States of America |
| Constitution | Constitution of New Hampshire |
| Legislative branch | |
| Name | General Court |
| Type | Bicameral |
| Meeting place | New Hampshire State House |
| Upper house | |
| Name | Senate |
| Presiding officer | Jeb Bradley,President |
| Lower house | |
| Name | House of Representatives |
| Presiding officer | Sherman Packard, Speaker |
| Executive branch | |
| Head of state andgovernment | |
| Title | Governor |
| Currently | Kelly Ayotte |
| Appointer | Election |
| Cabinet | |
| Leader | Governor |
| Deputy leader | President of the Senate |
| Headquarters | State House |
| Judicial branch | |
| Name | Judiciary of New Hampshire |
| Courts | Courts of New Hampshire |
| New Hampshire Supreme Court | |
| Chief judge | Gordon J. MacDonald |
| Seat | Concord |
TheState ofNew Hampshire has arepublican form ofgovernment modeled after theGovernment of the United States, with threebranches: theexecutive, consisting of theGovernor of New Hampshire, the electedExecutive Council, and subordinateagencies; thelegislative, called theNew Hampshire General Court, which includes theSenate and theHouse of Representatives; and thejudicial, consisting of theSupreme Court of New Hampshire and lower courts.
The New Hampshire state capital isConcord. The capital wasPortsmouth during colonial times, andExeter from 1775 to 1808. The Governor's office, some other executive offices, and both legislative chambers are in theState House. The Legislative Office Building is behind the State House in this photograph; the state Supreme Court and other agencies are in an office park on the other (east) side of theMerrimack River.
Like all states, New Hampshire has two senators in theU.S. Senate. Based onU.S. census data,New Hampshire has two members of theU.S. House of Representatives.
The1st congressional district consists of theCarroll andStrafford counties:Alton,Barnstead,Belmont,Center Harbor,Gilford,Gilmanton,Laconia,Meredith andNew Hampton inBelknap County;Bedford,Goffstown,Manchester andMerrimack inHillsborough County;Hooksett inMerrimack County; and all ofRockingham County, exceptAtkinson,Salem andWindham.
The2nd congressional district is the remainder of the state, lying to the west and north of the 1st district.
| Chamber | District | Official | Party | First elected | Term expires | |
|---|---|---|---|---|---|---|
| U.S. Senate | At-Large | Jeanne Shaheen | Democratic | 2009 | 2027 | |
| Maggie Hassan | Democratic | 2017 | 2029 | |||
| U.S. House of Representatives | 1st | Chris Pappas | Democratic | 2019 | 2027 | |
| 2nd | Maggie Goodlander | Democratic | 2025 | 2027 | ||
Based on the total number of its Congressional delegation, New Hampshire has four votes in theElectoral College. The state awards its electoral votes on a winner-take-all basis.
New Hampshire is part of theUnited States District Court for the District of New Hampshire in the federal judiciary. The district's cases are appealed to the Boston-basedUnited States Court of Appeals for the First Circuit.
New Hampshire is governed by itsconstitution of 1783. The constitution is in two parts, a Bill of Rights and a longer Form of Government. Unlike theUnited States Constitution, amendments to the New Hampshire Constitution are not set out afterward but edit the text. It is one of the few state constitutions that acknowledge theright of revolution.
The state constitution is one of the few that do not expressly requirepublic schools. However, in 1993, the state Supreme Court ruled in the firstClaremont suit[1] that a constitutional duty to "cherish the interest of...public schools"[2] required the state to define and fund equal public schools statewide. The legislature complied slowly; in 2008, the Court ended[3] its supervisory role because the original laws had been replaced, but it did not reverse its earlier finding.
The state constitution has many expressions concerning the character of the people and the criteria that should guide their election of officials.[2][4] It also forbids the legislature from appropriating pensions for longer than the current year,[5] although state employees now do have conventional employment contracts and a retirement system deemed "deferred compensation."
The current codification of state law under the constitution is theNew Hampshire Revised Statutes Annotated of 1955.
New Hampshire is the only state with no law requiring wearing ofseat belts nor use ofmotorcycle helmets. (The law now does make these demands of those under 18.)[6] A driver does not need to havevehicle insurance but must provide "proof of financial responsibility" to the state after an accident. Failure to do so can result in loss of driving privileges until the injured party is paid in full for their loss.[7] Unlike the neighboring states, New Hampshire has no "bottle bill."
New Hampshire had no law against having anopen container of alcohol in a car until 1990, though it has since cracked down on alcohol in numerous ways, including a 2008 enactment that makes underage possession of alcohol include possessing it inside one's body.
New Hampshire is aconstitutional carry state, allowing open and concealed carry of all guns while not requiring any permits. New Hampshire also allows the protection of oneself or property withstand your ground laws expanding thecastle doctrine.[8]
Civil unions became legal in New Hampshire at the start of 2008, giving all the rights associated with marriage in the state to same-sex couples.[9] On January 1, 2010,same-sex marriage became legal in New Hampshire, overriding the civil union law.
The state previously had thedeath penalty for specific categories of homicide.[10] The most recent execution, ofHoward Long, was conducted in 1939.
In 2008, a jury voted to impose the death penalty, for the first time since 1959, onMichael K. Addison for themurder of Michael Briggs, an on-duty police officer.[11] In 2019, the death penalty was repealed; as the repeal was not retroactive, Addison remains ondeath row.
New Hampshire was the last state in the country to require public kindergarten, which was mandated in 2007.
Rules that agencies issue, as authorized by statute, are collected in theNew Hampshire Code of Administrative Rules.
The legislature is called theGeneral Court. It consists of theHouse of Representatives (400 members) and theSenate (24 members).
The General Court is the fourth-largest legislature in the English-speaking world, behind only theBritish Parliament, theUnited States Congress, and theParliament of Canada respectively; and the New Hampshire House of Representatives is also the fourth-largest individual chamber[12] (exceeded in number by theUnited States House of Representatives, theBritish House of Commons and the BritishHouse of Lords). The House was originally 87 members, each one representing 100 "rateable polls". Despite this ratio being increased to 1 representative for 600 inhabitants, the House grew to 443 members.[13] A 1942 constitutional amendment fixed its size at 375–400 members.[14] As of 2023, there is one representative for every 3,505 residents. For the U.S. Congress to have the same representation, there would need to be 95,553 representatives.[15]
The legislature apportions legislative seats based on the decennialU.S. Census. The problem of allocating 400 legislators to 259 municipalities and ensuring equal representation is solved withfloterial districts. For example, a city due more than five representatives but not quite six might elect five representing the city itself, and one more in a floterial district that includes some neighboring towns.
State legislators are paid $200 for their two-year term, plus mileage, effectively making them volunteers. The only other remuneration is free use of toll roads and of state-owned resorts. A 2007 survey found that nearly half the members of the House are retired, with an average age over 60.[16]
The executive branch consists of theGovernor,Executive Council, andstate agencies. The executive branch implements and enforces the laws of the state. The Governor is the supreme executive and is afforded the title ofHis or Her Excellency, though the Constitution only provides for "His Excellency".
The current Governor isKelly Ayotte(R).
Unlike most other states, the Governor shares executive power with the Executive Council, which the Governor chairs.[17] The Governor and Executive Council must concur on state contracts over $5,000, high-level agency appointments, andpardons. The Governor'sveto power and command of the National Guard are not dependent on the Executive Council. The Governor and Councilors are elected to two-year terms. New Hampshire andVermont are the only states that still elect governors to two-year, rather than four-year, terms. Agency appointments are generally for terms of four or five years, which means that a New Hampshire governor is unable to form a newcabinet when first taking office.
New Hampshire does not have aLieutenant Governor as most states do. The Senate President serves as Acting Governor whenever the governor is out of the state or otherwise unable to perform the duties of the office. After the Senate President, the Speaker of the House,Secretary of State and State Treasurer are next in line to serve as Acting Governor.
The state's highest and the sole appellate court is theNew Hampshire Supreme Court. The Chief Justice is the head of the judiciary and, with the other justices of the Supreme Court, oversees the judicial branch. New Hampshire has three additional courts and one division:
TheDemocratic Party and theRepublican Party are the only official parties, for which the state lets a voter register, holds aprimary election, and gives a column on the general-election ballot. Minor parties must poll 4% in a statewide or Congressional election to become official parties, and they lose that designation if they cease to poll 4%. TheLibertarian Party had official party status from 1990 to 1994, and again from 2016 to 2018.[19]
A voter registered in an official political party cannot vote in a different party's primary election. Voters registered as "independent" can vote in any party's primary, but are then automatically registered in that party. The voter can change registration at the polls after voting, or at a meeting of a town's Supervisors of the Checklist or at the City Clerk's office. These rules impede the casting of a cross-over vote for a different party. Registering in a party constrains a voter's choice of ballot, but demonstrates support for the chosen party, and is a prerequisite to being a candidate of that party.
The famousNew Hampshire presidential primary occurs early in the four-year election cycle. State law requires its date to be set "7 days or more immediately preceding the date on which any other state shall hold a similar election",[20] though theIowa caucuses are not considered "a similar election".
Nominations for all other partisan offices are decided in a separateprimary election held in September of election years. In Presidential election cycles, this is the second primary election held in New Hampshire.
New Hampshire comprises 13cities and 221towns, plus 25 unincorporated places. These governments conform toDillon's Rule; that is, they are creatures of the state whose powers are limited to those expressly granted to them by law.[21] Municipalities also have powers necessarily implied by those express powers, and those essential to the local government's existence, but this authority is narrowly construed, in contrast to the practice in most of New England. For statistics on New Hampshire municipalities and comparisons to municipalities elsewhere in New England, seeNew England town.
Cities are governed by Boards ofAldermen (inManchester andNashua) orCity Councils (in all other cities).
In towns, the executive power is theBoard of Selectmen, except that some towns, especially larger ones, are governed by aTown Council. TheTown Meeting is effectively the municipal legislature, of which every registered voter is a member. State law[22] governs the timing of, and warrant for, Town Meetings. Town Meeting approves, amends, or rejects the items on thewarrant, which must be published in advance. Articles can be placed on the warrant by the town's executive board or by citizen petition.
Town Meeting meets annually, normally on the second Tuesday in March, to set the year's budget. Special Town Meetings can be called to deal with urgent transactions. The municipal election, which selects town officers for the coming year and may approve changes to local law such as thezoning ordinance, is thought of as a session of the Town Meeting.
Since 1995, a town may elect to govern itself byOfficial Ballot Referenda. This procedure is known as SB 2. In such towns, Town Meeting is a "deliberative" session that decides the wording of each warrant article; the binding decision is taken by secret ballot at the same time that the officers for the next year are elected. A three-fifths majority is required to adopt or to drop the SB 2 procedure.
School districts are separate from municipalities and, if governed by a Town Meeting, have a separate budget and agenda and an electedmoderator, who may be different from the municipal moderator.
A school district can be governed by Official Ballot Referenda just as a town can.
Towns often combine into School Administrative Units (SAUs), at least for the management ofhigh schools and sometimes for all the schools. If a town is a member of an SAU but operates its ownelementary school, voters have a say in both organizations.
New Hampshire is divided into 10counties. Counties have asheriff's department for rural law enforcement and ajail, and may have anursing home, an extension service for farmers, social services, and other services. In the smaller towns and unincorporated places, the county may provide services that are usually municipal, such as health inspection of restaurants.
The legislature of a county is the County Convention, a single chamber consisting of the "delegation" of all the state representatives elected from that county.[23] The county's executive power is an elected Board of Commissioners.
From time to time, it is proposed that county government be abolished and its functions transferred to the state or to municipalities.[24]
All of the above local governments are funded primarily by aproperty tax. The government budget, as voted by the county legislature, the Board of Aldermen or City Council, or the town or school-district town meeting, is divided into the assessed value of all property in the respective region, so that each property owner pays a share based on the property value.[25] Some or all of the tax is waived for certain types of property (for example, through religious, educational, and charitable exemptions) and for certain classes of taxpayer (such as the poor, elderly, and veterans). Large parcels are assessed on theircurrent use rather than their "best and highest use" if the owner cedes development rights. A property owner receives a tax bill that breaks outmillage rates that apply to the following:
Theappraisal of a property directly affects the property tax. The state requires town-wide reappraisal at least every five years, typically conducted by professional consultants, to ensure that the valuations follow changes in the real estate market and the general price of real estate.[25] A property owner may challenge a reassessment.
New Hampshire's operating budget is set on a two-year basis, the latest period, July 1, 2007 through June 30, 2009, being FY (Fiscal Year) 2008 and FY2009. The FY2008 summary is as follows:
| Category | Expenditures |
|---|---|
| Health and social services | $1,878,467,014 |
| Education | $1,458,949,429 |
| Transportation | $554,362,042 |
| Administration of justice and public protection | $497,656,860 |
| General government | $489,197,174 |
| Resource protection and development | $232,532,423 |
| Total | $5,111,164,942 |
| Source | Revenue |
|---|---|
| Federal Funds | $1,478,263,227 |
| Other Funds | $1,694,862,406 |
| General Fund | $1,563,832,988 |
| Highway Funds | $276,455,391 |
| Turnpikes Funds | $76,575,234 |
| Fish and Game funds | $12,364,494 |
| Sweepstakes Funds | $8,811,202 |
| Total | $5,111,164,942 |
New Hampshire does not have a general income tax nor a general sales tax like many other U.S. states. It does have the following taxes:[26]
