# New Hampshire Constitution (1990)

Established October 31, 1783 To Take Effect June 2, 1784 As Subsequently Amended and in Force December 1990
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Table of Contents | Part First - Bill of Rights | Part Second - Form of Government

## Part First - Bill of Rights

Article
* l. Equality of men; origin and object of government.
* 2. Natural rights.
* 2-a. The bearing of arms.
* 3. Society, its organization and purposes.
* 4. Rights of conscience unalienable.
* 5. Religious freedom recognized.
* 6. Morality and piety.
* 7. State sovereignty.
* 8. Accountability of magistrates and officers; public's right to know.
* 9. No hereditary office or place.
* 10. Right of revolution.
* 11. Elections and elective franchises.
* 12. Protection and taxation reciprocal.
* 13. Conscientious objectors not compelled to bear arms.
* 14. Legal remedies to be free, complete, and prompt.
* 15. Right of accused.
* 16. Former jeopardy; jury trial in capital cases.
* 17. Venue of criminal prosecution.
* 18. Penalties to be proportioned to offenses; true design of punishment.
* 19. Searches and seizures regulated.
* 20. Jury trial in civil causes.
* 21. Jurors; compensation
* 22. Free speech; liberty of the press.
* 23. Retrospective laws prohibited.
* 24. Militia.
* 25. Standing armies.
* 26. Military, subject to civil power.
* 27. Quartering of soldiers.
* 28. Taxes, by whom levied.
* 28-a. Mandated programs.
* 29. Suspension of laws by legislature only.
* 30. Freedom of speech.
* 31. Meetings of legislature, for what purposes.
* 32. Rights of assembly, instruction, and petition.
* 33. Excessive bail, fines, and punishments prohibited.
* 34. Martial law limited.
* 35. The judiciary; tenure of office, etc.
* 36. Pensions.
* 36-a. Use of retirement funds.
* 37. Separation of powers.
* 38. Social virtues inculcated.
* 39. Changes in town and city charters; referendum required.

## Part Second - Form of Government

* 1. Name of body politic.
* 2. Legislature, how constituted.
* 3. General court, when to meet and dissolve.
* 4. Power of general court to establish courts.
* 5. Power to make laws, elect officers, define their powers and duties, impose fines, and assess taxes; prohibited from authorizing towns to aid certain corporations.
* 5-a. Continuity of government in case of enemy attack.
* 5-b. Power to provide for tax valuations based on use.
* 6. Valuation and taxation.
* 6-a. Use of certain revenues restricted to highways.
* 6-b. Use of Lottery Revenues Restricted to Educational Purposes.
* 7. Members of legislature not to take fees or act as counsel.
* 8. Open sessions of legislature.

### House of Representatives

* 9. Representatives elected every second year; apportionment of representatives.
* 9-a. Legislative adjustments of census with reference to non-residents.
* 10. [Repealed, 1889.]
* 11. Small towns, representation by districts.
* 11-a. Division of town, ward, or place; representative districts.
* 12. Biennial election of representatives in November.
* 13. [Repealed, 1976.]
* 14. Representatives, how elected, qualifications of.
* 15. Compensation of the legislature.
* 16. Vacancies in house, how filled.
* 17. House to impeach before the senate.
* 18. Money bills to originate in house.
* 18-a. Budget bills.
* 19. Adjournment.
* 20. Quorum, what constitutes.
* 21. Privileges of members of the legislature.
* 22. House to elect speaker and officers, settle rules of proceedings, and punish misconduct.
* 23. Senate and executive have like powers; imprisonment limited.
* 24. Journals and laws to be pub lished; yeas and nays, and protests.

### Senate

* 25. Senate; how constituted.
* 26. Senatorial districts, how constituted.
* 26-a. Division of town, ward, or lace; senatorial districts.
* 27. Election of senators.
* 28. [Repealed, 1976.]
* 29. Qualifications of senators.
* 30. Inhabitant defined.
* 31. Inhabitants of unincorporated places; their rights, etc.
* 32. Biennial meetings, how warned, governed, and conducted; return of votes, etc.
* 33. Secretary of state to count votes for senators and notify persons elected.
* 34. Vacancies in senate, how filled.
* 35. Senate, judges of their own elections.
* 36. Adjournment.
* 37. Senate to elect their own officers; quorum.
* 38. Senate to try impeachments; mode of proceeding.
* 39. Judgment on impeachment limited.
* 40. Chief justice to preside on impeachment of governor.

### Executive Power --- Governor

* 41. Governor, supreme executive magistrate.
* 42. Election of governor, return of votes; electors; if no choice, legislature to elect one of two highest candidates; qualifications for governor.
* 43. In cases of disagreement, governor to adjourn or prorogue legislature; if causes exist, may convene them elsewhere.
* 44. Veto to bills.
* 45. Resolves to be treated like bills.
* 46. Nomination and appointment of officers.
* 47. Governor and council have negative on each other.
* 48. [Repealed, 1976.]
* 49. President of senate, etc. to act as governor when office vacant; speaker of house to act when office of president of senate also vacant.
* 49-a. Prolonged failure to qualify; vacancy in office of governor due to physical or mental incapacity, etc.
* 50. Governor to prorogue or adjourn legislature, and call extra sessions.
* 51. Powers and duties of governor as commander-in-chief.
* 52. Pardoning power.
* 53. [Repealed, 1976.]
* 54. [Repealed, 1976.]
* 55. [Repealed, 1976.]
* 56. Disbursements from treasury.
* 57. [Repealed, 1950.]
* 58. Compensation of governor and council.
* 59. Salaries of judges.

### Council

* 60. Councilors; mode of election, etc.
* 61. Vacancies, how filled, if no choice.
* 62. Subsequent vacancies; governor to convene; duties.
* 63. Impeachment of councilors.
* 64. Secretary to record proceedings of council.
* 65. Councilor districts provided for.
* 66. Elections by legislature may be adjourned from day to day; order thereof.

### Secretary, Tresurer, Etc.

* 67. Election of secretary and treasurer.
* 68. State records, where kept; duty of secretary.
* 69. Deputy secretary.
* 70. Secretary to give bond.

### County Treasurer, Etc.

* 71. County treasurers, registers of probate, county attorneys, sheriffs, and registers of deeds elected.
* 72. Counties may be divided into districts for registering deeds.

### Judiciary Power

* 72-a. Supreme and superior courts.
* 73. Tenure of office to be expressed in commissions; judges to hold office during good behavior, etc.; removal.
* 73-a. Supreme court, administration
* 74. Judges to give opinions, when.
* 75. Justices of peace commissioned for five years.
* 76. Divorce and probate appeals, where tried.
* 77. Jurisdiction of justices in civil causes.
* 78. Judges and sheriffs, when disqualified by age.
* 79. Judges and justices not to act as counsel.
* 80. Jurisdiction and term of probate courts.
* 81. Judges and registers of probate not to act as counsel.

### Clerks of Courts

* 82. Clerks of courts, by whom appointed.

### Encouragement of Literature, Trade, Etc.

* 83. Encouragement of literature, etc.; control of corporations, monopolies, etc.

### Oaths and Subscrptions Exclusion From Offices, Etc.

* 84. Oath of civil officers.
* 85. Before whom taken.
* 86. Form of commissions.
* 87. Form of writs.
* 88. Form of indictments, etc.
* 89. Suicides and deodands.
* 90. Existing laws continued if not repugnant.
* 91. Habeas corpus.
* 92. Enacting style of statutes.
* 93. Governor and judges prohibited from holding other offices.
* 94. Incompatibility of offices; only two offices of profit to be holden at same time.
* 95. Incompatibility of certain offices.
* 96. Bribery and corruption disqualify for office.
* 97. [Repealed, 1950.]
* 98. Constitution, when to take effect.
* 99. [Repealed, 1980.]
* 100. Alternate methods of Proposing amendments.
* 101. Enrollment of constitution.

## Notes

* ↑ New Hampshire Constitution.
* ↑ New Hampshire Constitution.