New Hampshire State Court Amendment, CACR 26 (2012)

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State Court Amendment
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Type:Legislative referral
Constitution:New Hampshire Constitution
Topic:State judiciary
The New Hampshire State Court Amendment, also known as CACR 26 or Question 2, is a legislatively-referred constitutional amendment on the November 6, 2012 ballot in New Hampshire, where it was defeated.

The proposed amendment would have given the New Hampshire Legislature a concurrent power to regulate the administrative affairs of the state court by statute. Statute would override a court ruling determined by the chief justice of the New Hampshire Supreme Court in the event of a conflict. Therefore, the proposed amendment would have limited the chief justice of the state supreme court's ability to be the administrative head of the state court.[1]

Election results

See also: 2012 ballot measure election results

The following are official election results:

New Hampshire CACR 26 (Question 2) (2012)
Defeatedd No308,09451.16%
Yes 294,164 48.84%

Results via The New Hampshire Secretary of State

Text of the measure

Ballot language

The ballot language of the amendment reads as follows:[1]

Are you in favor of amending article 73-a of the second part of the constitution to read as follows:

[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.[2]



Path to the ballot

See also: Amending the New Hampshire constitution

In order for the state legislature to place a proposed constitutional amendment on the statewide ballot, both chambers of the state legislature must approve doing so by a vote in each house of at least 60%. Once any such constitutional amendment is on the ballot, the state's voters must approve it by a 2/3 vote for it to pass.

See also

External links


  1. 1.0 1.1 General Court, "CACR 26 – VERSION ADOPTED BY BOTH BODIES," September 14, 2012
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  3. General Court, "Bill Status," retrieved September 14, 2012