New Hampshire Question 1, Taxpayer Standing to Bring Legal Actions Against Government Amendment (2018)
- General election: Nov. 6
- Voter registration deadline: Oct. 23
- Early voting: N/A
- Absentee voting deadline: Varies by locality
- Online registration: No
- Same-day registration: Yes
- Voter ID: Photo ID required
- Poll times: In general, polling places open between 6:00 a.m. and 11:00 a.m. and close at 7:00 p.m. Eastern Time
| New Hampshire Question 1 | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Civil and criminal trials | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
New Hampshire Question 1, the Taxpayer Standing to Bring Legal Actions Against Government Amendment, was on the ballot in New Hampshire as a legislatively referred constitutional amendment on November 6, 2018.[1] The measure was approved.
| A "yes" vote supported this amendment to give taxpayers the right to take legal action against the state or local government where the taxpayer resides to declare that the government spent, or has approved spending, public funds in violation of a law. |
| A "no" vote opposed this amendment to give taxpayers the right to take legal action against the state or local government where the taxpayer resides to declare that the government spent, or has approved spending, public funds in violation of a law. |
Election results
|
New Hampshire Question 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
411,518 | 82.69% | ||
| No | 86,135 | 17.31% | ||
Overview
Amendment design
Question 1 added language to the New Hampshire Constitution stating that a taxpayer has a right to take legal action against the state or local government where the taxpayer resides to declare that the government spent, or has approved spending, public funds in violation of a law, ordinance, or constitutional provision. The amendment also stated that a taxpayer "shall not have to demonstrate that his or her personal rights were impaired or prejudiced beyond his or her status as a taxpayer." The measure allowed the legal action to begin in the New Hampshire Superior Courts.[1]
How did this amendment get on the ballot?
Question 1 was introduced into the state legislature as Constitutional Amendment Concurrent Resolution 15 (CACR 15) on January 3, 2018. On March 6, 2018, the New Hampshire House of Representatives voted 309 to nine with 73 members not voting. The nine "no" votes came from Democrats, while three-quarters of Democrats voted to pass the amendment. All Republicans who were not absent or excused from voting, which was 17.6 percent of them, supported the amendment. On May 2, 2018, the New Hampshire Senate voted 22 to two to pass CACR 15.
As CACR 15 was approved in both chambers of the New Hampshire General Court, the measure was referred to the ballot for the election on November 6, 2018.
Who supported and opposed this measure?
The measure was sponsored in the New Hampshire General Court by Rep. Joseph Hagan (R-Rockingham 4), Rep. Claire Rouillard (R-Hillsborough 6), Rep. Robert Backus (D-Hillsborough 19), and Rep. Paul Berch (D-Cheshire 1). Organizations supporting the measure included the Granite State Taxpayers and the Coalition of New Hampshire Taxpayers.
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ |
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.[2] |
” |
Constitutional changes
- See also: Article 8 of New Hampshire Constitution
The measure amended Article 8 of the New Hampshire Constitution. The following underlined text was added:[1]
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.[2]
Readability score
- See also: Ballot measure readability scores, 2018
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. |
Support
Rep. Joseph Hagan (R-Rockingham 4), Rep. Claire Rouillard (R-Hillsborough 6), Rep. Robert Backus (D-Hillsborough 19), and Rep. Paul Berch (D-Cheshire 1) sponsored the amendment in the New Hampshire General Court.[3]
Supporters
Arguments
- Rep. Paul Berch (D-Cheshire 1), a legislative sponsor of the amendment, stated, "This constitutional amendment restores to the taxpayers of our state the legal ability to bring certain lawsuits relating to the spending of public funds by the state or the political subdivision in which the taxpayer resides. In doing so, our taxpayers will have broader access to our courts and greater ability to ensure governmental accountability. Until recently, the state Supreme Court recognized taxpayer standing. This amendment will assure that this important taxpayer right will continue to be recognized and enforced."[6]
- The Coalition of New Hampshire Taxpayers wrote the following:[5]
| “ | CNHT stands with Granite State Taxpayers and with all citizens who are outraged at an activist court’s ruling that a fundamental right to legal redress, existing since the founding of our State, can be simply tossed aside.
All NH citizens and our Legislature need to send a resounding message to this judge and any other judge interested in writing new laws or stripping fundamental rights that we are still here and paying attention. Contact [your Senators] about CACR 15! Tell them to vote for CACR 15 and restore the Taxpayer’s Right to due process![2] |
” |
- David McConville, vice chairman of the Granite State Taxpayers board of directors, wrote the following in a New Hampshire Union Leader column:[7][8]
| “ | CACR 15 is key to keep our government in check. For well over a hundred years, the New Hampshire Supreme Court allowed taxpayers to sue the state government to redress their grievances until a case in 2010 reversed that right.
A constitutional amendment is necessary because the Supreme Court has denied our rights several times since 2010 by denying standing to people who have brought cases before it, even when the Legislature had specifically passed laws upholding those rights. Without CACR 15, provisions of the New Hampshire Constitution Bill of Rights are now unclear. Public funds for religious schools and articles restricting the use of such funds will not be enforceable in the future. CACR 15 allows citizens certainty in seeking protection from political institutions. What good is a legal right without the ability to go to court to enforce it?[2] |
” |
Opposition
Ballotpedia did not identify committees, organizations, or individuals opposing the ballot measure. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance
| Total campaign contributions: | |
| Support: | $17,564.39 |
| Opposition: | $0.00 |
There was one campaign committee, Yes on NH 1, registered in support of Question 1. The committee had raised $17,564 and spent $17,564.[9]
There were no committees registered to oppose the ballot measure.[9]
Support
The following were contribution and expenditure totals for the committee supporting the measure.[9]
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Donors
The following were the top two donors who contributed to the support campaign:[9]
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| Charles G. Douglas III | $4,674.38 | $0.00 | $4,674.38 |
| Mrs. Cyrus B. Sweet, III | $4,000.00 | $0.00 | $4,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
Support
- Foster’s Daily Democrat: "This amendment is needed because the Supreme Court has not followed the instructions of the Legislature, is ignoring more than a century of precedent, and because taxpayers should have a legal right to question government spending."[10]
- Seacoastonline.com: "On Nov. 6, the people have the opportunity to assert that power by approving CACR 15, a constitutional amendment that corrects a terrible 2014 decision by the New Hampshire Supreme Court that says unless a taxpayer’s personal rights were impaired by a decision of government, that taxpayer does not have standing to challenge the decision in court. [...] We urge all New Hampshire voters to approve this constitutional amendment on Nov. 6."[11]
- The Kenne Sentinel: "We are wary of tinkering with the state’s constitution, especially given the general lack of public awareness regarding such measures. ... However, the court has made clear regarding this issue that barring this particular remedy, taxpayers will not have the right to sue when they believe their government has acted beyond the constitution or law. Thus, constitutional action is the only option. Question 1 deserves passage."[12]
Opposition
Ballotpedia had not identified any media editorial boards in opposition to the ballot measure. If you are aware of an editorial, please send an email with a link to editor@ballotpedia.org.
Background
Rep. Robert Backus (D-Hillsborough 19), one of the measure’s legislative sponsors, said two state court decisions promoted the amendment’s introduction. He described the decisions, stating, “One annoys Republicans and one Democrats.” The case referred as annoying Democrats was Duncan v. New Hampshire. In 2012, Bill Duncan, a former member of the state Board of Education, sued the state to invalidate a program allowing businesses to receive a tax credit for contributing to scholarship funds for private schools. The court never ruled on the merits of the case, saying Duncan did not have standing before the court because he did not personally suffer injury by the law. The case referenced as annoying Republicans was Swank v. City of Manchester. In 2015, former GOP state Rep. Matthew Swank sued the city of Manchester over three alderpersons voting on a contract with the city’s teachers’ union who, according to Swank, had a conflict of interest due to immediate family members benefiting from the contract. The case was thrown out after a judge determined that Swank lacked standing to bring the lawsuit. Whereas both of these cases were thrown out because the plaintiffs were not personally affected, the proposed constitutional amendment would provide that plaintiffs need not prove that their personal rights were violated to have the merits of their cases heard.[6]
Referred amendments on the ballot
From 1996 through 2016, the state legislature referred 9 constitutional amendments to the ballot. Voters approved three and rejected six of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was less than one. The approval rate of referred amendments at the ballot box was 33.3 percent during the 20-year period from 1996 through 2016. The rejection rate was 66.67 percent.
| Legislatively-referred constitutional amendments, 1996-2016 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum | |
| 9 | 3 | 33.33% | 9 | 66.67% | 0.41 | 1.00 | 0 | 2 | |
Path to the ballot
- See also: Amending the New Hampshire Constitution
In New Hampshire, a constitutional amendment must be passed by a 60 percent vote in each house of the New Hampshire General Court during one legislative session.
The constitutional amendment was introduced into the state legislature as Constitutional Amendment Concurrent Resolution 15 (CACR 15) on January 3, 2018.[3]
On March 6, 2018, the New Hampshire House of Representatives voted 309 to nine with 73 members not voting. As nine seats were vacant in the state House on March 6, 235 members needed to vote "yes" to pass CACR 15. The nine "no" votes came from Democrats, while three-quarters of Democrats voted to pass the amendment. All Republicans who were not absent or excused from voting, which was 17.6 percent of them, supported the amendment.[3]
On May 2, 2018, the New Hampshire Senate voted 22 to two to pass CACR 15. At least 15 senators needed to vote "yes" to approve the amendment.[3] Note: The partisan vote count was not available as of May 3, 2018.
As the CACR 15 was approved in both chambers of the New Hampshire General Court, the measure was referred to the ballot for the election on November 6, 2018.
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How to cast a vote
- See also: Voting in New Hampshire
Poll times
In New Hampshire, polling place hours of operation vary. According to state law, polling places must be open between 11:00 a.m. and 7:00 p.m. Eastern Time. Localities may set their own polling hours as long as they are open during those hours prescribed by state law.[13] To search for the hours your polling place is open, click here.
Registration requirements
- Check your voter registration status here.
To register to vote in New Hampshire, each applicant must provide documentary proof of United States citizenship, be a resident of New Hampshire, and at least 18 years old by the next election. Individuals may register to vote at the local clerk's office, with the community's supervisors of the checklist or registrar of voters, or at the polling place on the day of the election. Applicants must fill out a voter registration form and either show proof of identity and citizenship or sign an affidavit witnessed by an election official.[14][15] Absentee registration is allowed for those who are “unable to register in person because of physical disability, religious beliefs, military service, or because of temporary absence.” Absentee registration requires mailing a voter registration form and witnessed absentee voter registration affidavit to the local clerk.[14]
Automatic registration
New Hampshire does not practice automatic voter registration.
Online registration
- See also: Online voter registration
New Hampshire does not permit online voter registration.
Same-day registration
New Hampshire allows same-day voter registration.
Residency requirements
In New Hampshire, citizens can register to vote the day they move to the state.[14]
Verification of citizenship
New Hampshire requires voters to provide proof of citizenship when registering to vote, as of June 2025. Gov. Chris Sununu (R) signed HB 1569 into law on September 17, 2024. The legislation required voter registration applicants to provide one of the following at the time of registration: "birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, or any other reasonable documentation which indicates the applicant is a United States citizen."[16]
All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[17] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.
Verifying your registration
The New Hampshire Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirements
New Hampshire requires voters to present photo identification while voting.[18]
The following list of accepted ID was current as of June 2024. Click here for the New Hampshire Secretary of State page on accepted ID to ensure you have the most current information.
| “ |
or clerk of a town, ward or city.[2] |
” |
Additionally, a poll worker may verify the voter’s identity. If anyone authorized to challenge a voter objects to the poll worker’s verification, the voter would have to complete a challenged voter affidavit.[18]
Voters without proper photo identification can complete a challenged voter affidavit. A poll worker will take a photo of the voter and attach it to the affidavit. The voter may then cast a regular ballot. If the voter objects to being photographed for religious reasons, he or she can complete an affidavit of religious exemption, which will be attached to the challenged voter affidavit.[18]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 New Hampshire General Court, "Constitutional Amendment Concurrent Resolution 15," accessed March 7, 2018
- ↑ 2.0 2.1 2.2 2.3 2.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 3.2 3.3 New Hampshire General Court, "CACR15 Overview," accessed March 7, 2018
- ↑ Granite State Taxpayers, "CACR 15 Passed by the NH House!," accessed June 20, 2018
- ↑ 5.0 5.1 Coalition of New Hampshire Taxpayers, "CNHT Supports CACR 15," accessed June 20, 2018
- ↑ 6.0 6.1 New Hampshire Union Leader, "Amendment to give NH taxpayers standing to sue state government gains bipartisan support," March 5, 2018
- ↑ LinkedIn, "David McConville," accessed June 20, 2018
- ↑ New Hampshire Union Leader, "Take back our rights," accessed June 20, 2018
- ↑ 9.0 9.1 9.2 9.3 New Hampshire Secretary of State, "Campaign Finance," accessed September 16, 2018
- ↑ Foster’s Daily Democrat, "Editorial: Taxpayers should have standing to sue government," March 7, 2018
- ↑ Seacoastonline.com, "Editorial: Vote to return power to the people," August 12, 2018
- ↑ The Kenne Sentinel, "Ballot questions: Voters should say 'yes' to Question 1, 'no' to Question 2," October 28, 2018
- ↑ New Hampshire Revised Statutes - Title 63, Chapter 659.4," accessed April 25, 2023
- ↑ 14.0 14.1 14.2 New Hampshire Secretary of State, “How to Register to Vote,” accessed June 25, 2024
- ↑ New Hampshire Secretary of State, “Register to Vote,” accessed June 25, 2024
- ↑ General Court of New Hampshire, "CHAPTER 378 HB 1569-FN - FINAL VERSION," accessed November 14, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 18.0 18.1 18.2 State of New Hampshire, "Voter ID Law Explanatory Document," accessed June 25, 2024
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