New Hampshire Legislative Service Requests (LSR's)

CACR 21 - AS INTRODUCED

2024 SESSION

24-2530

02/10

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 21

RELATING TO: the oath of civil officers.

PROVIDING THAT: the default oath of office shall be a non-religious oath.

SPONSORS: Rep. Yokela, Rock. 32; Rep. Read, Rock. 10; Rep. Dutzy, Hills. 6; Rep. W. Thomas, Hills. 12; Rep. Phinney, Straf. 9; Rep. Kenney, Straf. 10

COMMITTEE: Executive Departments and Administration

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

ANALYSIS

This constitutional amendment concurrent resolution would change the default oath of office for civil officers from a religious oath to a non-religious oath.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

24-2530

02/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: the oath of civil officers.

PROVIDING THAT: the default oath of office shall be a non-religious oath.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That article 84 of the second part of the constitution be amended to read as follows:

[Art.] 84 [Oath of Civil Officers.] Any person chosen governor, councilor, senator, or representative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.-

I, A. B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitutions thereof. [So help me God] This I do under the pains and penalties of perjury.

I, A. B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as, according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. [So help me God] This I do under the pains and penalties of perjury.

Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again.

Provided always, when any person chosen or appointed as aforesaid, shall be [of the denomination called Quakers] a person of faith, or shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word "swear," and likewise the words ["So help me God,"] "This I do under the pains and penalties of perjury," subjoining instead thereof, ["This I do under the pains and penalties of perjury."] "So help me God."

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, 2024.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2024 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2024 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 article 84 of the second part of the constitution to read as follows:

I, A. B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitutions thereof. This I do under the pains and penalties of perjury.

I, A. B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as ., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. This I do under the pains and penalties of perjury.

Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again.

Provided always, when any person chosen or appointed as aforesaid, shall be a person of faith, or shall be scrupulous of swearing, and shall decline taking the said oaths, such person shall take and subscribe them, omitting the word "swear," and likewise the words "This I do under the pains and penalties of perjury," subjoining instead thereof, "So help me God."”

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 2024 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 constitution offers civil officers a religious based oath of office by default and the officer must request a non-religious oath of office, if desired.

IF THE AMENDMENT IS ADOPTED, the constitution will provide civil officers a non-religious oath of office by default and the officer may request a religious oath, if desired.