New Hampshire Law And Government

The Governor of New Hampshire is John Lynch (Democrat). New Hampshire's two U.S. senators are Judd Gregg (Republican) and John E. Sununu (Republican). New Hampshire's two U.S. representatives are Carol Shea-Porter (Democrat) and Paul Hodes (Democrat).

New Hampshire has a bifurcated executive branch, consisting of the Governor and a five-member Executive Council which votes on state contracts over $5,000 and "advises and consents" to the governor's nominations to major state positions such as department heads and all judgeships and pardon requests. New Hampshire does not have a Lieutenant Governor; the Senate President serves as "Acting Governor" whenever the Governor is unable to perform the duties.

The New Hampshire General Court is a bicameral legislative body, consisting of the House of Representatives and the Senate. The House of Representatives is the third-largest legislative body in the English speaking world with 400 members. Only the United States House of Representatives and the British House of Commons are larger[8]. Presumably because the position pays just $100 per year plus mileage, members are more likely to be retired. A survey published by the Associated Press in 2005 found that nearly half the members of the House are retired, with an average age close to 60. [4] The General Court meets in the New Hampshire State House.

The state's sole appellate court is the New Hampshire Supreme Court. The Superior Court is the court of general jurisdiction and the only court which provides for jury trials in civil or criminal cases. The other state courts are the Probate Court, District Court, and the Family Division.

The New Hampshire State Constitution is the supreme law of the state, followed by the New Hampshire Revised Statutes Annotated. The State Constitution is the nation's only state constitution which acknowledges the right of revolution, and one of the few that does not expressly mandate the provision of a public school system.

New Hampshire is also the only state with no mandatory seatbelt law for adults, and also has no motorcycle helmet law for adults nor mandatory vehicle insurance for automobiles. Although the state retains the death penalty for limited crimes, the last execution was conducted in 1939. New Hampshire is the only state that does not mandate public kindergarten, partly out of frugality and lack of funding, and partly out of belief in local control, a philosophy under which towns and cities, not the state, make as many decisions as possible. As of 2005, all but two dozen communities in the state provided public kindergarten.

New Hampshire is a "Dillon Rule" state, meaning that powers not specifically granted to municipalities are retained by the state government. Even so, there is within the state's legislature a strong sentiment favoring local control, particularly with regard to land use regulations. Traditionally, local government in New Hampshire is conducted by town meetings, but in 1995, municipalities were given the option of using an official ballot to decide local electoral and budgetary questions, as opposed to the more open and public town meeting.

New Hampshire is an Alcoholic Beverage Control state, and through the State Liquor Commission it takes in $100 million from the sale and distribution of liquor.[9] The state also leads the country in per capita sales of all forms of alcohol.[10]

On May 31, 2007, Governor Lynch signed HB 437, a civil union bill, into law, which will grant all the rights associated with marriage in the state to same-sex couples effective January 1, 2008.[11]

New Hampshire is internationally famous for the New Hampshire primary, the first primary in the quadrennial American presidential election cycle. The primary draws more attention by far than all other primaries, and has often been decisive in shaping the national contest. Critics from other states have tried repeatedly but failed to reduce the state's primary clout. In Dixville Notch in Coos County and Hart's Location in Carroll County, the few dozen residents of these small towns vote at midnight the Tuesday the primary is being held. State law grants that a town where all registered citizens have voted may close early and announce their results. These are traditionally the first towns in both New Hampshire and the U.S. to vote in presidential primaries and elections.

New Hampshire has historically been dominated by the Republican Party (indeed some sources trace the founding of the Republican party to the town of Exeter in 1853) and is considered to be the most conservative state in the Northeast. The state supported Bill Clinton in 1992 and 1996, but prior to that had only strayed from the Republican Party for three candidates—Woodrow Wilson, Franklin D. Roosevelt and Lyndon B. Johnson.

In recent years, however, in both national and local elections it has become a swing state. It was the only U.S. state to give its electoral votes to George W. Bush in the 2000 election but then go Democratic in the 2004 election. New Hampshire gave its four electoral votes to John Kerry in 2004 with 50.2% of the vote. The change from GOP domination was solidified by the 2006 midterm elections, in which both Congressional seats were won by Democrats (Charlie Bass was defeated by Paul Hodes, and Jeb Bradley was defeated by Carol Shea-Porter); Democratic Governor John Lynch was re-elected in an historic landslide with 74% of the vote; Democrats gained a majority on the Executive Council; and Democrats took both houses of the State Legislature for the first time since 1911. Democrats now hold both the legislature and the governorship for the first time since 1874. [5] Republicans hold both U.S. Senate seats, which were not up for a vote in 2006. Prior to the 2006 elections, New Hampshire was the only New England state in which Republicans held majorities in both legislative chambers.[12] The New Hampshire General Assembly is the largest among state legislatures in the U.S., with 400 members, and has the most representatives per capita (approximately one for every 3,200 citizens). New Hampshire has been known for a Libertarian-like political tradition that values individual freedom and limited exercise of state governmental powers. The Free State Project selected New Hampshire as its destination due to its "Live Free or Die" libertarian-esque heritage.[13]

State line on NH Rt. 111 in Hollis