CACR15 will appear as Question 1 on the ballot for November’s general election. The word “constitution” refers to the New Hampshire state constitution. It will read, “Are you in favor of amending Article 8 of the first part of the constitution to read as follows (addition in italics):

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.”

A bill requires a 3/5ths “yea” vote of both houses of the state Legislature to appear on the ballot. This bill was approved in the House by a vote of 309-9, and in the Senate by a vote of 22-2, both representing over 9/10ths approval. The ballot initiative then requires a 2/3rds majority of “yes” votes to become law. A “yes” vote means that individuals who wish to challenge a governmental action can have access to the courts to decide on the merits of the challenge without having to prove that they were personally affected.

Supporters of the initiative point out that for 150 years, individuals in New Hampshire have been seen as having standing, or a right to be heard in court, by dint of their being taxpayers. However, in 2010, the state Supreme Court ruled that “…the taxpayer status, without an injury or an impairment of rights, is not sufficient to confer standing to (bring action).” Additionally, the court ruled that a law that allowed taxpayers to establish standing without showing particular personal harm was unconstitutional.

Since that ruling, a number of significant lawsuits were dismissed by courts for lack of standing. One was a suit challenging a school voucher law that allows public tax revenue to be diverted from public schools to private and home schools. Another was brought by citizens of Manchester who claimed that a contract approved by the Board of Aldermen represented a conflict of interest because of family relationships with teachers whose salaries would be affected. In another suit, taxpayers of the Dunbarton School District challenged the school board’s decision about an unexpected million-dollar surplus.

Opponents of the initiative are concerned that it would create a glut of frivolous suits, clogging the system and unnecessarily costing taxpayer dollars. Supporters argue that there are court rules and systems already in place to prevent frivolous suits that were effective before 2014.

The League of Women Voters, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues and influences public policy through education and advocacy. Residents of Nashua and the greater Nashua area who are interested in working in their local community to educate and inform the electorate on issues of local importance are encouraged to attend. Any person 16 or older, male or female, may become a League member.

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