§ 49-B:3 — Procedures for Submitting Question of Establishing Charter Commission to Voters

I. In any municipality not operating under a charter governed by RSA 49-C or RSA 49-D, the municipal officers may determine that adoption of a municipal charter is necessary and, by order, submit the question of establishment of a charter commission to the voters as provided in this section; or
II. On the written petition of 25 or more registered voters or 2 percent of the registered voters in the municipality, whichever is less, but in no event fewer than 10 registered voters, the municipal officers shall, by order, submit the question of establishment of a charter commission to the voters as provided in this section. The petition shall read substantially as follows: "Each of the undersigned voters requests the municipal officers to submit to the voters, at the next municipal election, the question of establishment of a charter commission to draft a municipal charter." The petition shall be submitted to the municipal officers by the date indicated below:
(a) For a town with its annual meeting in March, on or before December 15 of the preceding year.
(b) For a town with its annual meeting in April, on or before January 15 of the same year.
(c) For a town with its annual meeting in May, on or before February 15 of the same year.
(d) For any other municipality, at least 90 days before the regular municipal election on which the question is proposed to be submitted. In the case of a municipality with biennial elections, if the petition is submitted during a year in which there are no municipal elections, a special election shall be held at least 90 days after submission.
III. Upon receipt of a petition under paragraph II, the municipal officers shall by order submit the question for establishment of a charter commission to the voters at the next regular municipal election. In the case of an order adopted under paragraph I, the municipal officers shall by order submit the question of establishment of the commission to the voters at the next regular municipal election that is held not less than 60 days after the date of the order. In the case of municipalities with biennial elections, the question shall be submitted at either the next regular municipal election or at a special municipal election that is held not less than 60 days after the date of the order.
IV. The question to be submitted to the voters shall be in substance as follows:
"Shall a charter commission be established for the purpose of establishing a municipal charter?"
V. Notwithstanding any other provision of this chapter, for the purposes of establishing a charter commission to amend or adopt a charter relative to official ballot town council under RSA 49-D:3, I-a, official ballot town meeting under RSA 49-D:3, II-a, budgetary official ballot village district meeting under RSA 52:2-a, or budgetary official ballot school district meeting under RSA 197:5-b only, the question of whether to establish a charter commission and the election of charter commission members shall be placed on the same ballot. No other issues shall be addressed by a charter commission established under this paragraph. The question on the establishment of a charter commission to be submitted to the voters shall be in substance as follows:
"Shall a charter commission be established for the sole purpose of establishing official ballot voting under the current form of government?"

Legislative History

1979, 241:1. 1991, 304:5, 12. 1995, 53:1. 1998, 343:1. 2003, 289:10, eff. Sept. 1, 2003. 2014, 292:2, eff. Sept. 30, 2014.