KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to New Hampshire

CACR27 • 2026

relating to the authority to establish courts Provided that the sole authority lies within the general court.

relating to the authority to establish courts Provided that the sole authority lies within the general court.

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Robert Wherry (R)
Last action
2026-03-05
Official status
HOUSE
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how removing this exception might affect existing court systems or future legislative actions regarding courts.

Amending Court Establishment Authority

This bill proposes to remove an existing exception in the New Hampshire Constitution that limits the general court's power to establish courts.

What This Bill Does

  • Proposes a constitutional amendment to change Article 4 of Part 2 of the New Hampshire Constitution by removing an exception.
  • Requires that this proposed amendment be voted on by qualified voters at the state general election in November 2026.

Who It Names or Affects

  • The people of New Hampshire who will vote on whether to approve the constitutional amendment.
  • The General Court, which would gain sole authority over establishing courts if the amendment passes.

Terms To Know

Constitutional Amendment
A change or addition to a constitution that requires special procedures for approval.
General Court
The state legislature of New Hampshire, responsible for making laws and proposing constitutional amendments.

Limits and Unknowns

  • It is unclear how removing this exception might affect existing court systems or future legislative actions regarding courts.

Bill History

  1. 2026-03-05 H

    Inexpedient to Legislate: MA VV 03/05/2026 HJ 6 P. 20

  2. 2026-02-26 H

    Committee Report: Inexpedient to Legislate 02/13/2026 (Vote 17-0; CC) HC 9 P. 17

  3. 2026-02-05 H

    Executive Session: 02/13/2026 10:00 am GP 158

  4. 2026-01-29 H

    Public Hearing: 02/04/2026 10:30 am GP 230

  5. 2025-12-02 H

    Introduced 01/07/2026 and referred to Judiciary HJ 1 P. 41

Official Summary Text

relating to the authority to establish courts
Provided that the sole authority lies within the general court.

Current Bill Text

Read the full stored bill text 
CACR 27 - AS INTRODUCED

2026 SESSION
26-3162
09/08

CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION
27

RELATING TO: relating to the authority to establish courts.

PROVIDING THAT:
Provided that the sole authority lies within the general court.

SPONSORS: Rep. Wherry, Hills. 13

COMMITTEE: Judiciary

-----------------------------------------------------------------

ANALYSIS

This constitutional amendment concurrent resolution removes the exception to the general court's power to establish courts.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

26-3162
09/08
STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: relating to the authority to establish courts.

PROVIDING THAT:
Provided that the sole authority lies within the general court.

Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:

I. That article 4 of the second part of the constitution be amended to read as follows:
[Art.] 4. [Power of General Court to Establish Courts.]
The general court [
(except as otherwise provided by Article 72 a of Part 2)
] shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the state, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this state, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2026.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2026 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2026 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
"Are you in favor of amending the constitution so that article 4 of the second part of the constitution reads as follows:
[Art.] 4. [Power of General Court to Establish Courts.]
The general court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the state, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this state, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them."
V. That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot. The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.” If no oval is marked, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2026 General Court” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
VII. Voters' Guide.
AT THE PRESENT TIME, the power for the general court to erect and constitute judicatories and courts of record has an exception for "as otherwise provided by Article 72-a of Part 2."
IF THE AMENDMENT IS ADOPTED, the exception would be removed.