Comparative Data on New Hampshire Constitutional Conventions
“The New Hampshire Constitution of 1784 was the first to contain the specific requirement not only of a separate convention for constitutional action, but also that the work of such convention should be submitted to the approval of the people.”
Introduction
In 1778, New Hampshire was the first jurisdiction in the world to change a written constitution via both an independently elected constitutional convention and a popular referendum on its proposals. Its previous 1776 constitutional convention, which included a legislature convened as a convention and no popular vote on the convention’s proposals, was typical at that time.
The first three times New Hampshire voters exercised their new approval power, they vetoed the convention’s proposed constitution. Only the fourth time did they approve–the result of which, New Hampshire’s 1784 Constitution, is the second oldest constitution in the world, .
In 1792, New Hampshire was the first political jurisdiction in the world to implement a periodic constitutional convention. The original period, once every seven years, was later changed to once every ten years. Even when the official period was once every seven years it sometimes had to be changed to an eighth year so it would correspond to a revised general election date.
More than any other state with the periodic constitutional convention referendum, understanding how New Hampshire’s constitutional convention process has worked in practice requires reading more than the spartan description of the process in New Hampshire’s Constitution. New Hampshire’s early tradition of having a convention meet for more than one session, albeit relatively briefly in each session, may be most notable. If a convention proposed amendments the public didn’t like, the convention sometimes came back a second or even third time, usually to see if they could formulate something the public would like. For example, New Hampshire’s current 1784 Constitution was the third try of the same convention. In contrast, the previous convention, convened in 1779, gave up after one defeat.
A convention provides New Hampsherites with options they wouldn’t otherwise get. New Hampshire citizens have been very picky in choosing which proposed amendments to support. That discrimination is a good thing, as it signals voters have been paying attention or don’t want to vote for something they don’t adequately understand.
New Hampshire’s constitution also baked in a high disapproval rate by requiring a two-thirds popular majority to pass an amendment. If a simple majority had been used, the approval rate would have been significantly higher. In 1964, the approval threshold was reduced to three-fifths.
New Hampshire’s 35 Convention Call Referendums Since 1799
Year | Yes # | No #Â | Total # | Yes % | No % | Majority? | Convened? | Convention # | Nearest Census | Pop. | % Pop. Voting ^ |
---|---|---|---|---|---|---|---|---|---|---|---|
2022 | ? | ? | ? | ? | ? | ? | ? | ? | 2020 | 1,377,529 | ? |
2012 | 215,679 | 384,014 | 599,693 | 35.96% | 64.04% | No | No | N.A. | 2010 | 1,316,470 | 45.55% |
2002 | 177,721 | 184,042 | 361,763 | 49.13% | 50.87% | No | No | N.A. | 2000 | 1,235,786 | 29.27% |
1992 | 210,340 | 217,575 | 427,915 | 49.15% | 50.85% | No | No | N.A. | 1990 | 1,109,252 | 38.58% |
1982 | 115,351 | 105,207 | 220,558 | 52.30% | 47.70% | Yes | Yes | 17 | 1980 | 920,610 | 23.96% |
1972 | 96,794 | 73,365 | 170,159 | 56.88% | 43.12% | Yes | Yes | 16 | 1970 | 737,681 | 23.07% |
1962 | 94,597 | 49,418 | 144,015 | 65.69% | 34.31% | Yes | Yes | 15 | 1960 | 606,921 | 23.73% |
1954 | 64,813 | 37,494 | 102,307 | 63.35% | 36.65% | Yes | Yes | 14 | 1950 | 533,242 | 19.19% |
1946 | 49,230 | 29,336 | 78,566 | 62.66% | 37.34% | Yes | Yes | 13 | 1950 | 533,242 | 14.73% |
1937 | 20,559 | 20,462 | 41,021 | 50.12% | 49.88% | Yes | Yes | 12 | 1940 | 491,524 | 8.35% |
1928 | 29,848 | 21,831 | 51,679 | 57.76% | 42.24% | Yes | Yes | 11 | 1930 | 465,293 | 11.11% |
1924 | 22,520 | 42,616 | 65,136 | 34.57% | 65.43% | No | No | N.A. | 1920 | 443,083 | 14.70% |
1916 | 21,589 | 14,520 | 36,109 | 59.79% | 40.21% | Yes | Yes | 10 | 1920 | 443,083 | 8.15% |
1910 | 23,105 | 15,541 | 38,646 | 59.79% | 40.21% | Yes | Yes | 9 | 1910 | 430,572 | 8.98% |
1900 | 10,571 | 3,287 | 13,858 | 76.28% | 23.72% | Yes | Yes | 8 | 1900 | 411,588 | 3.37% |
1896 | 14,099 | 19,831 | 33,930 | 41.55% | 58.45% | No | No | N.A. | 1900 | 411,588 | 8.24% |
1894 | 13,681 | 16,689 | 30,370 | 45.05% | 54.95% | No | No | N.A. | 1890 | 376,530 | 8.07% |
1885 *Â Â | 11,466 | 10,213 | 21,679 | 52.89% | 47.11% | Yes | Yes | 7 | 1890 | 376,530 | 5.76% |
1883*Â | 13,036 | 14,120 | 27,156 | 48.00% | 52.00% | No | No | N.A. | 1880 | 346,991 | 7.83% |
1875 *Â | 28,971 | 10,912 | 39,883 | 72.64% | 27.36% | Yes | Yes | 6 | 1880 | 346,991 | 11.49% |
1869 * | No vote recorded | No | N.A. | N.A. | 1870 | 318,300 | N.A. | ||||
1868 *Â | 12,219 | 12,346 | 24,565 | 49.74% | 50.26% | No | No | N.A. | 1870 | 318,300 | 7.72% |
1864 *Â | 18,422 | 15,348 | 33,770 | 54.55% | 45.45% | Yes | No**** | N.A. | 1860 | 326,073 | 10.36% |
1862 *Â | 1,044 | 12,428 | 13,472 | 7.75% | 92.25% | No | No | N.A. | 1860 | 326,073 | 4.13% |
1860 *Â | 11,078 | 9,753 | 20,831 | 53.18% | 46.82% | Yes | No**** | N.A. | 1860 | 326,073 | 6.39% |
1857*Â | 2,822 | 18,449 | 21,271 | 13.27% | 86.73% | No | No | N.A. | 1860 | 326,073 | 6.52% |
1849 *Â | 28,877 | 14,482 | 43,359 | 66.60% | 33.40% | Yes | Yes | 5 | 1850 | 317,976 | 13.64% |
1846 *Â | 4,583 | 12,415 | 16,998 | 26.96% | 73.04% | No | No | N.A. | 1850 | 317,976 | 5.35% |
1844 *Â | 10,855 | 20,994 | 31,849 | 34.08% | 65.92% | No | No | N.A. | 1840 | 284,574 | 11.19% |
1837 *Â Â | 2,821 | 16,830 | 19,651 | 14.36% | 85.64% | No | No | N.A. | 1840 | 284,574 | 6.91% |
1833 * July | 5,973 | 12,183 | 18,156 | 32.90% | 67.10% | No | No | N.A. | 1830 | 269,328 | 6.74% |
1833 * January | 4,623 | 11,818 | 16,441 | 28.12% | 71.88% | No | No | N.A. | 1830 | 269,328 | 6.10% |
1820 *Â | 2,407 | 13,853 | 16,260 | 14.80% | 85.20% | No | No | N.A. | 1820 | 244,155 | 6.66% |
1813 *Â | 532 | 16,141 | 16,673 | 3.19% | 96.81% | No | No | N.A. | 1810 | 214,460 | 7.77% |
1806 *Â | 1,722 | 10,903 | 12,625 | 13.64% | 86.36% | No | No | N.A. | 1810 | 214,460 | 5.89% |
1799 *Â | 2,478 | 4,246 | 6,724 | 36.85% | 63.15% | No | No | N.A. | 1800 | 183,858 | 3.66% |
1791 ** | N.A. | N.A. | N.A. | N.A. | N.A. | N.A. | Yes | 4 | 1790 | 141,885 | N.A. |
1781 | N.A. | N.A. | N.A. | N.A. | N.A. | N.A. | Yes | 3 | N.A. | N.A. | N.A. |
1778 | N.A. | N.A. | N.A. | N.A. | N.A. | N.A. | Yes | 2 | N.A. | N.A. | N.A. |
1776 *** | N.A. | N.A. | N.A. | N.A. | N.A. | N.A. | Yes | 1 | N.A. | N.A. | N.A. |
Sources: New Hampshire State Library Legislative Service; New Hampshire Red Book; The State Constitutional Convention Clearinghouse
^ % of the Voting Population: In the 18th Century women, blacks, and those without substantial property weren’t allowed to vote. Not until the 20th Century would women receive the vote, hence the low % here.
*Date of legislative act authorizing the referendum.
** 1791: The call was mandated by the 1784 constitution.
*** 1776: Called directly by the legislature; that is, without a popular vote.
**** 1860 and 1864: The convention call received a majority vote in both 1860 and 1864 but the legislature refused to convene a convention due to the Civil War.
Missing Call: The legislature failed to place the constitutionally required constitutional convention call on the ballot in 1827.
New Hampshire’s 17 Constitutional Conventions
Convention Number | Year Convention Began | Session Number | Date Session Began | Date Session Ended | Delegates # | Amendments Proposed by Session # | Date of Ratification Vote | Convention tallies ratification vote | Amendments Approved # | Amendments Rejected # | Amendments Receiving Majority #* | Amendments Receiving Majority Rejected # |
---|---|---|---|---|---|---|---|---|---|---|---|---|
17 | 1984 | 1 | 5/9/1984 | 6/28/1984 | ? | 10 amendments | ? | No | 6 | 4 | ||
16 | 1974 | 1 | 5/8/1974 | 6/26/1974 | ? | 5 amendments | ? | No | 2 | 3 | ||
15 | 1964 | 1 | 5/13/1964 | 7/8/1964 | ? | 8 amendments | ? | No | 5 | 3 | ||
14 | 1856 | 2**** | 12/2/1959 | 12/4/1959 | ? | 1 amendment | ? | No | 1 | 0 | ||
14 | 1956 | 1 | 5/13/1956 | 5/13/1956 | ? | 3 amendments | ? | No | 2 | 1 | ||
13 | 1948 | 1 | 5/12/1948 | 6/4/1948 | ? | 11 amendments | 11/1948 and 11/7/1950*** | No | 3 | 8 | ||
12 | 1941 | 2 | 9/23/1941 | 9/26/1941 | ? | 3 amendments | 11/3/1942 | No | 3 | 0 | ||
12 | 1938 | 1 | 5/11/1938 | 6/1/1938 | ? | 4 amendments | 11/6/1938 | No | 1 | 3 | ||
11 | 1930 | 1 | 6/4/1930 | 6/13/1930 | ? | 5 amendments | ? | No | 0 | 5 | ||
10 | 1923 | 4 | 2/16/1923 | 2/16/1923 | ? | 1 amendment | ? | No | 0 | 1 | ||
10 | 1921 | 3 | 1/28/1921 | 1/28/1921 | ? | ? | ? | No | 0 | ? | ||
10 | 1920 | 2 | 1/13/1920 | 1/29/1920 | ? | 7 amendments | ? | No | 0 | 7 | ||
10 | 1918 | 1 | 6/5/1918 | 6/7/1918 | ? | 0 | N.A. | N.A. | 0 | 0 | ||
9 | 1912 | 1 | 6/5/1912 | 6/22/1912 | ? | 12 amendments | ? | No | 4 | 8 | ||
8 | 1902 | 1 | 12/2/1902 | 11/4/1902 | ? | 10 amendments | ? | No | 4 | 6 | ||
7 | 1889 | 1 | 1/2/1889 | 1/12/1889 | ? | 7 amendments | 3/1889 | No | 5 | 2 | ||
6 | 1876 | 1 | 12/6/1876 | 12/17/1876 | ? | 15 amendments | 3/13/1877 | No | 11 | 4 | ||
5 | 1850 | 2 | 12/3/1850 | 1/3/1851 | ? | 3 amendments | 3/1852 | Yes; 4/17/1852 | 1 | 2 | ||
5 | 1850 | 1 | 11/6/1850 | 11/22/1850 | ? | 15 amendments | 3/1851 (2nd Tuesday) | Yes | 0 | 15 | ||
4 | 1791 | 2 | 5/31/1792 | 8/27/1792 | ? | 1 amendment | ? | Yes; 9/5/1792 | 1 | 0 | ||
4 | 1791 | 1 | 9/7/1791 | 2/241792 | ? | 72 amendments | ? | Yes; 5/30/1792 | 46 | 26 | ||
3 | 1781 | 3 | 6/1783 (first Tuesday) | ? | 54 | One Constitution | ? | Yes; 10/31/1783 | 1 | 0 | ||
3 | 1781 | 2 | 8/21/1782 | ? | 54 | One Constitution | ? | Yes; 12/1782 (last Tuesday) | 0 | 1 | ||
3 | 1781 | 1 | 6/1781 (1st Tuesday) | ? | 54** | One Constitution | ? | Yes; 1/1782 (4th Wednesday) | 0 | 1 | ||
2 | 1778* | 1 | 6/10/1778 | 6/5/1779 | 74 | One Constitution | ? | Yes; 9/1779 (3rd Tuesday) | 0 | 1 | ||
1 | 1775 | 1 | 12/21/1775 | 1/5/1776* | from 102 towns | One Constitution | N.A. | N.A. | N.A. | N.A. |
* 1778: First time in U.S. history and possibly world history where a convention of elected delegates separate from the legislature had met to propose written constitutional laws that were then submitted to popular vote.
** 1781: More than half the towns failed to send delegates to the convention.
*** 1948: Six of the amendments were on the 1948 ballot and five on on the 1950 ballot.
**** 1956: One amendment passed in 1956 was invalidated in 1957 by a New Hampshire court because the question was improperly worded. The convention reconvened in 1959 and reworded the question, and in 1960 the voters approved the reworded question.