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Old 03-24-2016, 10:30 AM   #61
winni83
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Join Date: Nov 2009
Location: Moultonborough, NH
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Default Special Town Meeting ????

I was wondering how long it would take for this to raise its head out of the rat hole -- See RSA 31.5 I (a):

"No money shall be raised or appropriated or shall any appropriation previously made be reduced or rescinded at any special town meeting except by vote by ballot, nor unless the ballots cast at such meeting shall be equal in number to at least 1/2 of the number of legal voters borne on the checklist of the town entitled to vote at the annual or biennial election next preceding such special meeting; and such checklist, corrected according to law, shall be used at any meeting upon the request of 10 legal voters of the town. This section shall not apply to money to be raised for the public defense or any military purpose in time of war. In case an emergency arises requiring an immediate expenditure of money, the selectmen may petition the superior court for permission to hold a special town meeting which, if granted, shall give said meeting the same authority as an annual town meeting. "


Query whether getting " least 1/2 of the number of legal voters borne on the checklist of the town entitled to vote at the annual or biennial election next preceding such special meeting" is even remotely possible. I wonder whether any of the Selectmen are behind this.

Moultonborough Speaks at 10:57 AM:

"The BoS have gotten a few references in recent days to a possible " special town meeting"to be called by a petition of 50 registered voters. A special town meeting is any Town meeting other than the annual meeting.
I am unaware of the the specifics or if it is just bluster, but it is the right of registered voters to do so.

RSA 39:3 states in part: "In towns with fewer than 10,000 inhabitants upon the written application of 50 or more voters or 1/4 of the voters in town, whichever is fewer, and in towns with 10,000 or more inhabitants upon the written application of 5 percent of the registered voters in the town, so presented not less than 60 days before the next annual meeting, the selectmen shall warn a special meeting to act upon any question specified in such application."

According to the NH Municipal Association, there is a caution: "Money articles (i.e. articles requiring the appropriation of funds) can’t be voted on at special meetings unless at least half the town’s voters show up, or unless the selectmen have petitioned the Superior Court."

Special meetings are not often called by citizen petition, but in the event they are, the process and conduct of the meeting is really no different than the way an annual Town meeting is held. While the RSA above states that the Selectmen "shall' call the special meeting if properly petitioned, if the article to be voted on conflicts with a statutory provision or is not legally enforceable, it could be problematic."
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