New Hampshire 2022 Regular Session

New Hampshire House Bill CACR27

Introduced
11/18/21  
Refer
11/18/21  

Caption

Elected and appointed officials. Providing that all state court judges shall be subject to recall and removal by petition and vote of registered voters pursuant to provisions established by the legislature.

Impact

If enacted, the amendment would modify Article 73 of the New Hampshire Constitution to redefine the tenure of judicial officers. This change would make it possible for state court judges to be removed not just for criminal misconduct or malfeasance but also based on public dissatisfaction. This could lead to increased accountability for judges but could also create concerns about the politicization of the judiciary, allowing the possibility of judges being removed due to disfavor rather than lawful or ethical violations.

Summary

CACR27 proposes an amendment to the New Hampshire State Constitution that would allow for all state court judges to be subjected to recall and removal through a petition and a vote of registered voters. Currently, the only way to remove judicial officers in New Hampshire is through impeachment, which requires involvement from the governor and the executive council. This amendment aims to empower voters by granting them a direct mechanism to hold judges accountable to the public, reflecting a push for greater democratic control over the judiciary.

Sentiment

The sentiment surrounding CACR27 has been mixed. Supporters argue that the amendment fosters accountability among judges and aligns judiciary practices with the principles of democratic governance. They emphasize that the ability to recall judges would protect citizens' interests and ensure that judicial behavior aligns with societal expectations. Conversely, opponents express trepidation that such a system could undermine judicial independence, leading to decisions being influenced by public opinion rather than objectivity and justice.

Contention

Key points of contention include the potential for misuse of the recall process, particularly driven by political motivations or public sentiment rather than legitimate grievances regarding judicial conduct. Critics are concerned that allowing voters to remove judges could lead to instability and a lack of consistency in the judicial system. Additionally, there is apprehension that such a measure could particularly affect judges making controversial rulings, thereby shaping the judiciary's function as an independent check on other branches of government.

Companion Bills

No companion bills found.

Previously Filed As

NH SB2269

Recall petitions and recall elections for political subdivision officials.

NH HF2095

Counties authorized to establish pools of election judges by random selection, and counties and cities allowed to require appointed registered voters to serve as election judges.

NH CACR3

Relating to recall elections. Providing that the general court may authorize recall elections.

NH HB499

Election Law - Registered Voter List and Petitions (Ballot Petition Modernization Act)

NH HB0499

Election Law - Registered Voter List and Petitions (Ballot Petition Modernization Act)

NH HB642

Election Law - Registered Voter List and Petitions (Ballot Petition Modernization Act)

NH HB1162

In preliminary provisions, further providing for definitions; in county boards of elections, furth er providing for powers and duties of county boards; in preparation for and conduct of primaries and elections, further providing for manner of applying to vote, persons entitled to vote, voter's certificates, entries to be made in district register, numbered lists of voters and challenges and for ballots to be issued by election officers only, ballots not to be removed and official ballots only to be deposited or counted; in voting by qualified absentee electors, further providing for applications for official absentee ballots, for date of application for absentee ballot, for official absentee voters ballots, for voting by absentee electors and for canvassing of official absentee absentee ballots and mail-in ballots; in voting by qualified mail-in electors, further providing for applications for official mail-in ballots, for official mail-in elector ballots and for voting by mail-in electors.

NH HB2053

Establishes provisions governing recalls of certain city and village officials

NH HB0499

Election Law - Registered Voter List and Petitions (Ballot Petition Modernization Act)

NH HB1330

allowing all registered voters to vote in state and presidential primaries regardless of declared party affiliation.

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