reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-B - Regional Transit Districts › Section 38-B:5 - Regulation.

38-B:5 Regulation. –
The district shall be considered a public body and have the same status as a city or town with regard to motor carrier regulation, road tolls, fuel taxes, and vehicle registration. All agreements between municipalities shall be in accordance with RSA 53-A.
Source.
1996, 6:2, eff. May 19, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-B - Regional Transit Districts › Section 38-B:6 - Annual Budget.

38-B:6 Annual Budget. –
Each year the regional transit district board shall prepare a proposed budget for the next fiscal year, which shall include estimates of operating expenses and revenues from fares and other sources. The budget shall include the amount to be requested from each member city or town based upon a fair-share formula to be adopted by the board.
Source.
1996, 6:2, eff. May 19, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-C - Boards of Public Works Commissioners › Section 38-C:1 - Establishment.

38-C:1 Establishment. –
For the more convenient management of local operations, any municipality which has a municipal, gas, electric, or waterworks system under RSA 38, a municipal sewer system under RSA 149-I, or highway agents under RSA 231:62 or any combination, may combine any 2 or more of the following into one board of public works commissioners:
I. Board of sewer commissioners.
II. Board of commissioners of a gas, electric, or waterworks system.
III. Highway agents.
Source.
1996, 197:1, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-C - Boards of Public Works Commissioners › Section 38-C:2 - Commissioners.

38-C:2 Commissioners. –
The board of public works commissioners shall consist of 3 or more citizens of such municipality, who shall have such powers and duties as the municipality may prescribe. Their terms of office shall be for 3 years and until their successors are elected and qualified. The first board of commissioners may be chosen for terms of one, 2, and 3 years, respectively, by the legal voters of the municipality at any legal meeting or election called for that purpose, and their successors shall be elected at each annual meeting or election after that in a manner or form as the municipality may determine.
Source.
1996, 197:1, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-C - Boards of Public Works Commissioners › Section 38-C:3 - Appointment.

38-C:3 Appointment. –
The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, by the town council, or by the commissioners of the district if the municipality fails to elect or votes to provide for appointment.
Source.
1996, 197:1, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-C - Boards of Public Works Commissioners › Section 38-C:4 - Compensation and Organization.

38-C:4 Compensation and Organization. –
The compensation of the commissioners shall be fixed by the municipality. They shall be sworn to the faithful discharge of their duties. They shall annually organize by choosing one of their number as chairperson of the board. They shall appoint a clerk and a superintendent of public works and such other officers as they deem necessary. A certificate of such organization shall be filed with the clerk of the municipality. The commissioners shall fix the compensation of all officers and agents appointed by them. All officers and agents shall be sworn to the faithful discharge of their duties.
Source.
1996, 197:1, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-C - Boards of Public Works Commissioners › Section 38-C:5 - Reports.

38-C:5 Reports. –
The commissioners shall annually, at the time other city, town, or district officers report, make a report to the municipality of the condition of any facilities and equipment financially and otherwise showing the funds, expenses and income of the works, and all other material facts. This report shall be published in the annual report of the municipality.
Source.
1996, 197:1, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-C - Boards of Public Works Commissioners › Section 38-C:6 - Applicability.

38-C:6 Applicability. –
This chapter is intended to ease the administrative demands on municipalities by allowing them to form a single board of commissioners; however, nothing in this chapter is to be construed to alter the applicability of RSA 38, 149-I or 231.
Source.
1996, 197:1, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-D - Energy Commissions › Section 38-D:1 - Method of Adoption.

38-D:1 Method of Adoption. –
Any governing or legislative body of a municipality may adopt or rescind the provisions of this chapter at any duly warned meeting.
Source.
2009, 275:1, eff. Sept. 27, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-D - Energy Commissions › Section 38-D:2 - Energy Commission.

38-D:2 Energy Commission. –
A city or town may establish an energy commission, hereinafter called the commission, for the study, planning, and utilization of energy resources for municipal buildings and built resources of such city or town.
Source.
2009, 275:1, eff. Sept. 27, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-D - Energy Commissions › Section 38-D:3 - Membership.

38-D:3 Membership. –
The commission shall consist of no fewer than 3 nor more than 10 members. In cities, the members of the commission shall be appointed by the city council subject to the provisions of the city charter, and in towns the members of the commission shall be appointed by the board of selectmen. Alternate members may be appointed in a like manner and when the alternate serves in the absence or disqualification of a regular member, the alternate shall have full voting powers. When a commission is first established, terms of the members shall be for one, 2, or 3 years, and so arranged that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of 3 years each. Any member of a commission so appointed may, after a public hearing with notice under RSA 675:7, if requested, be removed for cause by the appointing authority. A vacancy occurring other than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. Members of an energy commission shall be residents of the city or town which they represent. Members of an energy commission also may serve on other municipal boards and commissions, including but not limited to, a conservation commission under RSA 36-A, local planning boards under RSA 672, a historic district commission established under RSA 673:4, and a heritage commission established under RSA 673:4-a.
Source.
2009, 275:1, eff. Sept. 27, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-D - Energy Commissions › Section 38-D:4 - Duties.

38-D:4 Duties. –
I. The commission shall:
(a) Research municipal energy use and cost and make such information available to the town on at least an annual basis.
(b) Make recommendations to local boards and committees pertaining to municipal energy plans and sustainable practices such as energy conservation, energy efficiency, energy generation, and zoning practices.
II. The commission may appoint subcommittees as it may from time to time require.
Source.
2009, 275:1, eff. Sept. 27, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-D - Energy Commissions › Section 38-D:5 - Appropriations Authorized.

38-D:5 Appropriations Authorized. –
I. A town or city, having established an energy commission, may appropriate money as necessary for the purpose of this chapter. All or any part of money so appropriated in any year and any gifts of money received under this chapter may be placed in an energy commission fund and allowed to accumulate from year to year. Money may be expended from such fund by the energy commission for the purposes of this chapter without further approval of the town meeting; however, acceptance of gifts over $500 and disbursements over $500 shall require a public hearing with notice under RSA 675:7 and approval of the governing body.
II. The town treasurer, under RSA 41:29, shall have custody of all moneys in the energy fund and shall pay out the same only upon order of the energy commission. The disbursement of energy commission funds following the approval required under paragraph I shall be authorized by a majority of the energy commission.
Source.
2009, 275:1, eff. Sept. 27, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-D - Energy Commissions › Section 38-D:6 - Energy Commission Support.

38-D:6 Energy Commission Support. –
The department of energy and New Hampshire regional planning commissions may establish programs to assist, at their request, the cities and towns which have established an energy commission.
Source.
2009, 275:1, eff. Sept. 27, 2009. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:1 - Meetings, When Held.

39:1 Meetings, When Held. –
A meeting of every town shall be held annually on the second Tuesday of March, or in accordance with RSA 40:13 if that provision is adopted in the town, for the choice of town officers and the transaction of all other town business. A town meeting may be warned by the selectmen, when, in their opinion, there shall be occasion therefor. In no event shall a special town meeting be held on the biennial election day.
Source.
RS 32:1. CS 34:1. GS 35:1. 1878, 60:1. GL 38:1. PS 41:1. PL 45:1. RL 57:1. RSA 39:1. 1971, 562:1. 1976, 33:1. 1991, 370:4, eff. Aug. 31, 1991. 2000, 16:1, eff. April 30, 2000.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:1-a - Towns Adopting a Fiscal Year.

39:1-a Towns Adopting a Fiscal Year. –
Notwithstanding the provisions of RSA 39:1 any town which adopts a fiscal year accounting period pursuant to RSA 31, may by majority vote, hold its annual town meeting on the second Tuesday of May for the selection of town officers and the transaction of all other town business. A meeting shall be warned by the selectmen, when in their opinion, there shall be occasion therefor.
Source.
1971, 512:12, eff. July 6, 1971.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:1-b - Meetings Outside Town.

39:1-b Meetings Outside Town. –
I. A town may hold its town meeting outside the geographical boundaries of the town, if the town does not have a facility with a large enough seating capacity to accommodate the meeting.
II. Warrants and other items required to be posted shall be posted for review by qualified voters at the place of the meeting on the day of the meeting.
III. The selectmen of the town shall arrange transportation, for those voters who need it, from the usual polling place in the town to the out-of-town facility and back to the usual polling place.
IV. The out-of-town meeting shall be held in an adjacent town or nearest appropriate facility.
Source.
1979, 191:1. 1993, 120:1, eff. July 16, 1993.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:1-c - Updated Checklist.

39:1-c Updated Checklist. –
An updated checklist shall be used at all town meetings and elections as provided in RSA 669:5.
Source.
1981, 571:2, eff. Sept. 4, 1981.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:2 - Warrant.

39:2 Warrant. –
The warrant for any town meeting shall be under the hands of the selectmen, and shall prescribe the place, day and hour of the meeting, and, if there is an election at said meeting, in which an official printed ballot containing more than one name is used, the warrant therefor shall prescribe the time the polls are to open and also an hour before which the polls may not close. A town meeting may vote to keep the polls open to a later hour but may not vote to close the polls at an earlier hour than that prescribed by the selectmen hereunder. The subject matter of all business to be acted upon at the town meeting shall be distinctly stated in the warrant, and nothing done at any meeting, except the election of any town officer required by law to be made at such meeting, shall be valid unless the subject thereof is so stated. Provided that in a case where the article in the warrant calls for the appropriation of a specific sum of money, the sum of money appropriated thereunder may be decreased or increased by the vote of the town, provided further that in a town under the municipal budget act no increase shall be valid which would violate the provisions of RSA 32:18, except as provided in RSA 32:18-a.
Source.
RS 32:2. CS 34:2. GS 35:2. GL 38:2. 1885, 45:1. PS 41:2. PL 45:2. 1941, 130:1. RL 57:2. RSA 39:2. 1957, 239:1. 1993, 332:3, eff. Aug. 28, 1993. 2000, 193:4, eff. July 29, 2000.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:2-a - Optional Provisions.

39:2-a Optional Provisions. –
I. Any town may at an annual meeting vote to conduct the choice of town officers elected by an official ballot and other action required to be inserted on said official ballot on the second Tuesday of March or on the second Tuesday of May if the town has adopted the provisions of RSA 31:94-a and authorize the selectmen to choose another day for the second session of the town meeting for the transaction of all other town business. Upon written application of 25 or more voters, addressed to the selectmen, the following question shall be submitted to the voter at such annual meeting: "Do you approve of having 2 sessions for the annual town meeting in this town, the first session for choice of town officers elected by an official ballot and other action required to be inserted on said official ballot and the second session, on a date set by the selectmen, for transaction of other business?" This question shall appear upon the official ballot in towns having such a ballot, otherwise upon a special ballot prepared by the town clerk. Proper provision shall be made on the ballot to permit the voter clearly to indicate his choice on the question. If a majority of the legal voters present and voting on the question vote in the affirmative, the provisions of this section shall be declared adopted. In any town adopting the provisions hereof the warrant for an annual meeting held hereunder shall prescribe the place, day and hours of each session of said meeting and said warrant shall be posted as required for any town meeting. In a town which has adopted the provisions of this section no business other than the election of town officers elected by an official ballot and other action required to be inserted on said official ballot shall be taken up at the first session of said meetings. A town which has adopted the provisions hereof may rescind such action in the same manner as provided for its adoption. The question in this case shall be: "Shall the provisions for having 2 sessions of the annual town meeting be declared no longer in effect in this town?"
II. Alternatively, a town may conduct its meetings and the election of officers through use of the official ballot by adoption of the provisions of RSA 40:13.
Source.
1969, 106:1. 1971, 562:2. 1976, 33:2. 1977, 267:1, eff. Aug. 21, 1977. 1997, 318:3, eff. Aug. 22, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:2-b - Time Polls Open.

39:2-b Time Polls Open. –
The warrant for any town meeting shall provide that polls at the additional polling place, if any, shall open at the same time as the polls at the central polling place.
Source.
1969, 117:1, eff. May 9, 1969.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:3 - Articles.

39:3 Articles. –
Upon the written application of 25 or more registered voters or 2 percent of the registered voters in town, whichever is less, although in no event shall fewer than 10 registered voters be sufficient, presented to the selectmen or one of them not later than the fifth Tuesday before the day prescribed for an annual meeting, the selectmen shall insert in their warrant for such meeting the petitioned article with only such minor textual changes as may be required. Such corrections shall not in any way change the intended effect of the article as presented in the original language of the petition. For the purposes of this section, the number of registered voters in a town shall be the number of voters registered prior to the last state general election. The right to have an article inserted in the warrant conferred by this section shall not be invalidated by the provisions of RSA 32. In towns with fewer than 10,000 inhabitants upon the written application of 50 or more voters or 1/4 of the voters in town, whichever is fewer, and in towns with 10,000 or more inhabitants upon the written application of 5 percent of the registered voters in the town, so presented not less than 60 days before the next annual meeting, the selectmen shall warn a special meeting to act upon any question specified in such application. The checklist for an annual or special town meeting shall be corrected by the supervisors of the checklist as provided in RSA 654:25-31. Those persons qualified to vote whose names are on the corrected checklist shall be entitled to vote at the meeting. The same checklist used at a recessed town meeting shall be used at any reconvened session of the same town meeting. In no event shall a special town meeting be held on the biennial election day.
Source.
RS 32:3. CS 34:3. GS 35:3. GL 38:3. PS 41:3. PL 45:3. 1937, 40:1. RL 57:3. 1947, 21:1. RSA 39:3. 1969, 59:1. 1971, 79:1. 1975, 160:1. 1981, 454:1. 1987, 299:1. 1990, 192:1. 1991, 223:1; 370:5. 1994, 197:1, eff. July 23, 1994. 1998, 194:1, eff. Aug. 17, 1998. 2018, 325:1, eff. Aug. 24, 2018.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:3-a - Repealed by 1969, 59:2, eff. June 3, 1969.

39:3-a Repealed by 1969, 59:2, eff. June 3, 1969. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:3-b - Penalty.

39:3-b Penalty. –
A board of selectmen is guilty of a violation if it refuses to insert an article in the warrant, after being petitioned to do so in accordance with RSA 39:3.
Source.
1971, 79:4. 1977, 588:26, eff. Sept. 16, 1977.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:3-c - Limitation.

39:3-c Limitation. –
Any petitioned article, which if adopted, would abolish a planning board, or zoning commission shall not be included in the warrant, unless such petition meets the requirements established by RSA 673:18, II.
Source.
1971, 396:1. 1985, 103:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:3-d - Placement of Articles on Official Ballot.

39:3-d Placement of Articles on Official Ballot. –
I. No article included in a warrant for a town meeting may be considered by placing a question on the official ballot used for election of town officers unless use of the official ballot for that article or type of article is specifically authorized or required by law.
II. For purposes of this section and RSA 40:4-e:
(a) Any law which requires a ballot vote on an article, and which uses the term "official ballot", shall be deemed to require the use of the official ballot for voting on that article, in towns which use the official ballot for the election of officers.
(b) Any law which prescribes the wording of a question, but where the term "official ballot" is not used, shall be deemed to authorize, but not require, the use of the official ballot for that question, unless a contrary intent is specified. If the official ballot is not used for voting on such a question, the prescribed wording shall be placed in the warrant, and may also be placed upon a preprinted ballot to be acted upon in open meeting in the same manner as a secret "yes-no" ballot under RSA 40:4-a.
III. This section shall not prohibit the use of secret written ballots at any town meeting pursuant to RSA 40:4-a or 4-b.
IV. Articles concerning the issuance of bonds or notes shall not be placed on the official ballot, unless the municipality has adopted a charter provision authorizing that votes on the issuance of bonds or notes shall be placed on the official ballot or unless the municipality has adopted the provisions of RSA 40:12-14.
V. Notwithstanding paragraph IV, in the town of Bedford, articles concerning the issuance of bonds or notes shall be in accordance with Bedford's Town Charter, Article 1-5 Finance, Paragraph 1-5-11 Borrowing Procedure.
Source.
1979, 445:1. 1988, 126:1. 1991, 113:1, eff. July 13, 1991. 1996, 156:3, eff. May 29, 1996. 1998, 166:1, eff. Aug. 14, 1998.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:4 - Special Meetings.

39:4 Special Meetings. –
The selectmen when calling a special town meeting shall, within one week after posting the warrant therefor, cause copy of said warrant to be published once in a newspaper of general circulation in said town.
Source.
1945, 39:1, eff. March 6, 1945.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:5 - Posting Warrant.

39:5 Posting Warrant. –
The selectmen may address their warrant to the voters of the town, in which case they shall post an attested copy of such warrant at the place of meeting, and a like copy at one other public place in the town, at least 14 days before the day of meeting. The 14 days shall not include the day of posting nor the day of the meeting, but shall include any Saturdays, Sundays, and legal holidays within the said period.
Source.
RS 32:4. CS 34:4. GS 35:4. GL 38:4. PS 41:4. PL 45:4. RL 57:4. RSA 39:5. 1967, 90:1. 1975, 11:3, eff. April 25, 1975. 2003, 289:4, eff. Sept. 1, 2003.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:6 - Warrant to Constable.

39:6 Warrant to Constable. –
Warrants for town meetings may be directed to a constable of the town, requiring the constable to notify the voters; and such constable shall post an attested copy of such warrant, as provided in RSA 39:5.
Source.
RS 32:5. CS 34:5. GS 35:5. GL 38:5. PS 41:5. PL 45:5. RL 57:5. 2003, 289:5, eff. Sept. 1, 2003.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:7 - Return of Warrant.

39:7 Return of Warrant. –
The selectmen or the constable serving any warrant shall return the same, at the time and place of meeting, with a certificate of the service thereof, to the town clerk, or, in his absence, to one of the supervisors.
Source.
RS 32:7. CS 34:7. GS 35:7. GL 38:7. PS 41:7. PL 45:6. RL 57:6.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:8 - Selectmen's Power.

39:8 Selectmen's Power. –
In case of the death or removal of any of the selectmen of a town the major part of those who remain in office shall have power to warn meetings.
Source.
RS 32:8. CS 34:8. GS 35:8. GL 38:8. PS 41:8. PL 45:7. RL 57:7.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:9 - Warning, Upon Neglect.

39:9 Warning, Upon Neglect. –
If the selectmen unreasonably neglect or refuse to warn a meeting, or to insert any article in their warrant, a justice of the superior court, upon application in writing of 25 or more voters or of 1/6 part of the voters of such town, may issue a warrant for such meeting, or order the insertion of an article in the warrant.
Source.
RS 32:9. CS 34:9. GS 35:9. GL 38:9. PS 41:9. PL 45:8. 1939, 21:1. RL 57:8.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:10 - Warning by Justice: Other Cases.

39:10 Warning by Justice:  Other Cases. –
If the biennial or annual meeting in any town shall not have been held, or if there has never been any legal meeting of the town; or if, by reason of death, removal from the town, disability or resignation of the board of selectmen, no member of the board remains in office, a justice of the superior court, on application of 25 voters, or of 1/6 part of the voters of the town, may issue a warrant for such meeting.
Source.
RS 32:10. CS 34:10. GS 35:10. 1875, 2:1. GL 38:10. PS 41:10. PL 45:9. 1939, 21:1. RL 57:9.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:11 - Warrant of Justice.

39:11 Warrant of Justice. –
The warrant of a justice of the superior court for a town meeting shall be under his hand, directed to the sheriff or a deputy sheriff of the county in which the town is situate; it shall specify the time, place and object of such meeting and shall be served and returned in the same manner as warrants issued by selectmen.
Source.
RS 32:11. CS 34:11. GS 35:11. GL 38:11. PS 41:11. PL 45:10. 1939, 21:1. RL 57:10.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:12 - Other Warning.

39:12 Other Warning. –
Any town may, by vote, prescribe a different method of warning meetings; and the meetings warned in pursuance of such vote shall be legal and valid.
Source.
RS 32:6. CS 34:6. GS 35:6. GL 38:6. PS 41:6. PL 45:11. RL 57:11.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:13 - Penalty for Failure to Give Notice.

39:13 Penalty for Failure to Give Notice. –
If the selectmen neglect to issue a warrant for any town meeting or town election or neglect to cause copies of such warrant, if not directed to a constable, to be duly posted, or notice of such meeting or election to be given agreeably to any vote of the town, they shall for each offense be guilty of a violation and any fines collected shall be remitted to the town.
Source.
RS 32:12. CS 34:12. GS 35:12. GL 38:12. PS 41:12. PL 45:12. RL 57:12. RSA 39:13. 1973, 531:10. 1979, 410:5, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 39 - Time for Holding Town Meetings and Warning Thereof › Section 39:14 - Adjournment Date Falling on Sunday.

39:14 Adjournment Date Falling on Sunday. –
Whenever any adjournment of any town meeting shall fall upon a Sunday, it shall be held on the next secular day thereafter, at the same time and place, and the proceedings thereon at that time shall be of the same force and validity as if the meeting had been adjourned thereto.
Source.
1919, 102:1. PL 45:13. RL 57:13.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:1 - Election.

40:1 Election. –
Every 2 years commencing in 1978 or 1979, as applicable, a moderator shall be chosen by ballot, by plurality vote. The moderator so chosen shall assume office upon the adjournment of the regular town business meeting held in that year in accordance with RSA 39:1 or 39:2-a and upon qualification for office, whichever is later. The moderator shall serve through the adjournment of the regular town business meeting 2 years following the moderator's election and until the qualification of a successor, whichever is later. The election of the moderator in a town shall be at the annual meeting in every even-numbered year. The election of moderators in city wards shall be at every other regular city election.
Source.
RS 33:3. 1847, 490:2. CS 35:3. GS 36:3. GL 39:3. PS 42:1. PL 46:1. RL 58:1. RSA 40:1. 1977, 435:1. 1979, 410:6, eff. July 1, 1979. 1996, 64:2, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:2 - Repealed by 1979, 410:2, II, eff. July 1, 1979.

40:2 Repealed by 1979, 410:2, II, eff. July 1, 1979. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:3 - Pro Tem.

40:3 Pro Tem. –
If the moderator is absent from any meeting or is unable to perform the duties of the office of moderator, a moderator pro tempore shall be appointed by the board of supervisors of the checklist of the town or ward, or by the selectmen of a town or ward where there is no board of supervisors.
Source.
PS 42:3. 1903, 64:1. PL 46:3. RL 58:3. RSA 40:3. 1996, 64:3, eff. July 1, 1996. 2017, 3:1, eff. May 30, 2017.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:3-a - Assistant Moderator.

40:3-a Assistant Moderator. –
The moderator may appoint an assistant moderator, who shall take the oath of office in the same manner as the moderator and shall hold office at the pleasure of the moderator, and shall have all the powers and duties which the moderator has, subject to the control of the moderator.
Source.
1957, 84:1, eff. April 24, 1957.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4 - Duties.

40:4 Duties. –
I. The moderator shall preside in the town meetings, regulate the business thereof, decide questions of order, and make a public declaration of every vote passed, and may prescribe rules of proceeding; but such rules may be altered by the town.
II. (a) If the National Weather Service issues a weather event warning applicable to a town on the date of a deliberative session or business session of a town meeting, which the moderator reasonably believes may cause the roads to be hazardous or unsafe, the moderator may, up to 2 hours but not more than 48 hours prior to the scheduled session, postpone and reschedule the session of the meeting to another reasonable date, place, and time certain. If an accident, natural disaster, or other emergency occurs which the moderator reasonably believes may render use of the meeting location unsafe, the moderator may, at any time prior to the scheduled deliberative or business session, postpone and reschedule the session to a date, place, and time certain. To the extent practical, prior to making a decision to postpone, the moderator shall consult with the governing body, the clerk, and as appropriate for the circumstances the police chief, the fire chief, the road agent, and the local emergency management director. The moderator shall employ whatever means are available to inform citizens of the postponement and the rescheduled date or dates.
(b) In the event of a weather or other emergency as described in RSA 669:1 that occurs on or before the date of an official ballot voting day as defined in RSA 652:16-g, which the moderator reasonably believes may cause the roads to be hazardous or unsafe, the moderator may postpone the session in accordance with RSA 669:1 and RSA 669:1-a.
(c) The date originally scheduled shall continue to be deemed the deliberative session, business session, or official ballot voting day of the meeting for purposes of satisfying statutory meeting date requirements; provided, that in towns or districts that have adopted RSA 40:13, the postponement shall not delay the deliberative session more than 72 hours.
Source.
Const., Art. 32. RS 33:3. 1847, 490:1. CS 35:3. GS 36:3. PS 42:5. PL 46:4. RL 58:4. RSA 40:4. 1998, 278:1, eff. Aug. 25, 1998. 2019, 192:1, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4-a - Secret Ballot.

40:4-a Secret Ballot. –
I. (a) At any meeting of a town with a population of more than 500, 5 voters who are present may make a request in writing prior to a vote by voice vote or division vote that the vote be taken by secret written ballot. Upon receiving such a request, the moderator shall conduct the vote by secret "yes-no" ballot.
(b) Notwithstanding any other provision of law, on the request of 5 voters who are present, the moderator shall conduct a recount on any vote taken by secret written ballot under subparagraph (a). The recount shall take place immediately following public announcement of the vote taken providing that the vote margin is not more than 10 percent of the total vote cast. There shall be no fee required for a recount under this section.
II. At any meeting of a town of a population 500 or less, 3 voters who are present may request secret balloting or recounting as provided in paragraph I.
Source.
1971, 524:1. 1994, 71:1, eff. July 5, 1994. 2006, 117:1, eff. July 9, 2006.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4-b - Questioning a Vote.

40:4-b Questioning a Vote. –
When any vote, other than by ballot, declared by the moderator or other officer presiding shall, immediately and before any other business is begun, be questioned in writing or orally by 7 or more of the voters present, the moderator or other officer presiding shall retake the vote by secret "yes-no" ballot.
Source.
1971, 524:1, eff. July 7, 1971.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4-c - Recount.

40:4-c Recount. –
I. If any 10 voters of a town shall, before the expiration of 7 days from the date of an annual meeting or special meeting, apply in writing to the town clerk for a recount of the ballots given in at said meeting on any question, affecting said town only, legally appearing on the official Australian or nonpartisan ballot used at said meeting, said clerk shall appoint a time and place for the recount not earlier than 5 days nor later than 10 days after the receipt of said application. The clerk shall give notice by mail of the recount to the first-named voter who applied for a recount on a question and to any other person who requested notice in writing, at least 3 days prior to the day appointed for the recount of ballots. Notice of the time and place of the recount shall be posted in 2 public places at least 24 hours prior to the recount. The applicants for such recount shall pay to the town clerk a fee of $10 for conducting the recount.
II. The recount shall be held at the time and place appointed, and the ballots shall be recounted by the board of recount in accordance with the procedures for recounts of town elections under RSA 669:30-33.
Source.
1979, 410:23. 1981, 454:2, eff. Aug. 22, 1981. 2015, 159:1, eff. Aug. 25, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4-d - Declaration of Results.

40:4-d Declaration of Results. –
If, in the case of a recount of votes, it shall appear that the result of the vote on the question was other than as declared by the moderator, the board of recount shall declare the result found by it and shall, after 5 days from such declaration, if no appeal is taken to the superior court, certify such declaration to the town clerk and said declaration shall be final, unless the result is changed upon appeal to the superior court.
Source.
1979, 410:23, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4-e - Use of Ballot for Town Meeting Articles.

40:4-e Use of Ballot for Town Meeting Articles. –
No question submitted to voters at a town meeting or election pursuant to RSA 39:3-d shall be submitted by use of a question printed on the official ballot unless that form of submission is specifically authorized or required by law.
Source.
1979, 445:2, eff. Aug. 24, 1979.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4-f - Checklist Update.

40:4-f Checklist Update. –
An updated checklist shall be used for all town meetings and elections as provided in RSA 669:5.
Source.
1981, 571:3, eff. Sept. 4, 1981.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:4-g - Intent of the Voter.

40:4-g Intent of the Voter. –
In any vote conducted pursuant to this chapter, every ballot shall be counted if the intent of the voter can be determined, regardless of whether the voter followed any instructions relative to marking the ballot provided before the vote.
Source.
2019, 148:1, eff. Aug. 30, 2019.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:6 - Penalty for Default of Presiding Officer.

40:6 Penalty for Default of Presiding Officer. –
Any moderator or other officer presiding who shall wilfully neglect or refuse to follow the procedures for voting established in RSA 40 or who shall wilfully violate or neglect to enforce any rule of proceeding which shall have been established by vote of the town or otherwise, shall be guilty of a misdemeanor.
Source.
1847, 494:1. CS 35:4. GS 36:4. GL 39:4. PS 42:7. PL 46:6. RL 58:6. RSA 40:6. 1971, 524:2. 1973, 528:4, eff. at 11:59 P.M., Oct. 31, 1973.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:7 - Debate.

40:7 Debate. –
No person shall speak in any meeting without leave of the moderator, nor when any person speaking is in order; and all persons shall be silent at the desire of the moderator, on pain of forfeiting $1 for each offense, for the use of the town.
Source.
RS 33:5. CS 35:6. GS 36:6. GL 39:6. PS 42:8. PL 46:7. RL 58:7.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:8 - Disorder.

40:8 Disorder. –
If any person shall behave in a disorderly manner, and, after notice from the moderator, persist in such behavior, or shall in any way disturb the meeting, or willfully violate any rule of proceeding, the moderator may command any constable or police officer, or any legal voter of the town, to remove such disorderly person from the meeting and detain such person until the business is finished.
Source.
RS 33:6. CS 35:7. GS 36:7. GL 39:7. PS 42:9. PL 46:8. RL 58:8. RSA 40:8. 1996, 64:4, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:9 - Duty of Police.

40:9 Duty of Police. –
Every constable or police officer shall obey the orders and commands of the moderator for the preservation of order, and may command such assistance as is necessary; and if any constable or police officer neglects to perform any of the duties imposed by this or RSA 39 such constable or police officer shall forfeit $40 for the use of the town.
Source.
RS 33:7. CS 35:8. GS 36:8. GL 39:8. PS 42:10. PL 46:9. RL 58:9. RSA 40:9. 1996, 64:5, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:10 - Optional Restriction on Reconsideration.

40:10 Optional Restriction on Reconsideration. –
I. A town may, at any time during a meeting, and without notice in the warrant, vote to restrict reconsideration of any one or more votes previously taken at that meeting, or warrant articles previously considered at that meeting. No vote or article which has been restricted under this section, nor the restriction itself, shall be reconsidered during that meeting or any adjourned session of such meeting, except as provided in paragraph II.
II. Upon approval of a motion to reconsider any vote or warrant article subject to such a restriction, actual reconsideration shall take place at an adjourned session of the meeting, held at least 7 days after the date on which the motion to reconsider was approved. Notice of the date, time and place where the adjourned session is to be held shall be given by announcement prior to the close of the session at which the motion to reconsider was approved, and shall also be published in a newspaper of general circulation in the municipality at least 2 days before the reconsideration.
III. A restriction adopted under this section shall continue until final adjournment of the meeting at which it is adopted, or any adjourned session of such meeting.
IV. A restriction adopted under this section shall apply to any subsequent action by the meeting which alters or modifies the result of the restricted vote, or which involves the same subject matter as does the restricted vote or warrant article, regardless of whether or not the term "reconsider" is actually used.
V. This section shall apply to town meetings, village district meetings under RSA 52, cooperative school district meetings under RSA 195, and school district meetings under RSA 197.
Source.
1991, 284:2. 1992, 244:1, eff. July 12, 1992. 1996, 64:1, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:11 - Consideration of Warrant Articles.

40:11 Consideration of Warrant Articles. –
Every article included in a warrant for a town meeting shall be acted upon before final adjournment of the town meeting.
Source.
1994, 197:2, eff. July 23, 1994. 2015, 129:1, eff. Aug. 11, 2015.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:12 - Definition.

40:12 Definition. –
In this subdivision "local political subdivision" means any local political subdivision of the state whose legislative body raises and appropriates funds through an annual meeting.
Source.
1995, 164:1, eff. July 31, 1995.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:14-a - Coordinating Certain Town and School District Elections.

40:14-a Coordinating Certain Town and School District Elections. –
To facilitate voting for future annual meetings, to reduce costs, and to best accommodate the voters of the town, the legislative body of a town, which has not adopted the official ballot referendum form of meeting, although the school district has adopted the official ballot referendum form of meeting, may authorize coordination of future town elections with the school district elections. The joint elections shall be held at a time and place determined by, and shall be supervised by, the election officials of the town, as provided in RSA 671:26. The town and the school board shall allocate the costs of the joint elections in the same manner as in previous years, or as mutually agreed upon by the governing body of the town and the school board.
Source.
1997, 330:3, eff. June 23, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 40 - Government of Town Meeting › Section 40:14-b - Default Budget Determined by Budget Committee.

40:14-b Default Budget Determined by Budget Committee. –
I. A local political subdivision which has adopted the official ballot referenda form of meeting pursuant to RSA 40:14 and has also adopted a municipal budget committee pursuant to RSA 32:14 may delegate the determination of the default budget to the budget committee instead of the governing body.
II. A vote under this section may be taken simultaneously with the adoption of RSA 40:13 or any time after the adoption of RSA 40:13.
(a) If the vote is taken simultaneously with the adoption of RSA 40:13, a separate question shall be placed on the warrant for the annual meeting following the procedures in RSA 40:14.
(b) If the vote is taken after the adoption of RSA 40:13, the question shall be placed on the warrant of the annual meeting by the governing body or by petition under the procedures set out in RSA 39:3 or RSA 197:6 and shall not be amended. A public hearing on the question shall be held by the local governing body following the procedures in RSA 40:14, IV. A vote to adopt the question shall conform with RSA 40:14, VI.
(c) The wording of the question shall be: "Shall we adopt the provisions of RSA 40:14-b to delegate the determination of the default budget to the municipal budget committee which has been adopted under RSA 32:14?"
III. The provisions of this section may be rescinded following the procedures set out in RSA 40:14, VII, except that the wording of the question, which shall not be amended, shall be: "Shall we rescind the provisions of RSA 40:14-b, as adopted by the (local political subdivision) on (date of adoption), so that the default budget will be determined by the governing body instead of the budget committee?"
Source.
2004, 219:3, eff. Aug. 10, 2004.