The information contained in this article is not intended as legal advice and may no longer be accurate due to changes in the law. Consult NHMA's legal services or your municipal attorney.
Every year when town meeting season rolls around, municipalities may receive citizen petitioned warrant articles. These articles can sometimes cause confusion because they can come in many different shapes sizes and formats and can call for any number of different actions to be taken. Consequently, many municipalities worry about how to handle petitioned articles. This guidance will provide some answers to the most common questions and concerns and provide a good starting point for evaluating citizen petitioned articles.
Q. What are the first steps I should take when I receive a citizen petitioned warrant article?
A. RSA 39:3 states that upon the written application of 25 or more registered voters or 2 percent of the registered voters in town, whichever is less…presented to the selectmen or one of them not later than the fifth Tuesday before the day prescribed for an annual meeting, the selectmen shall insert in their warrant for such meeting the petitioned article with only such minor textual changes as may be required. Therefore, a good first step may be to verify that the petition is submitted on time and verify that it meets the criteria of having the correct number of signatures. The supervisors of the checklist can confirm that there are at least 25 registered voters who have signed the petition. Next, you should determine what category the petitioned article falls into, as this will determine what, if any, further action may be required for said article. There are three major categories that petitioned warrant articles generally fall into: 1. Articles containing an appropriation (or a bond), 2. Articles seeking to amend a zoning ordinance, historic district ordinance, or a building code, 3. Articles calling for all other actions.
Q. What if the article contains an appropriation?
A. It is commonly believed that citizen petitioned articles cannot ask for the town to raise and appropriate funds or call for some expenditure of municipal funds. This is incorrect. Just like warrant articles submitted by the governing body, citizens can also submit petitioned articles seeking to raise and appropriate funds for a specific purpose. Sometimes, petitioned articles will be poorly worded and will not contain the correct language seeking to raise and appropriate funds, but the intent of the article is clearly to request the municipality to do something that will require an expenditure
of money. In this instance, the municipality should inform the petitioner of the need for an appropriation clause and ask them to amend the language before resubmitting.
If a petitioned warrant article calls for an appropriation, it must be subject to a budget hearing, just like any other special warrant article under RSA 32:3, VI. The purpose and amount of the appropriation must be disclosed and discussed at the budget hearing. However, unlike articles submitted by the select board that could be altered by the select board after the budget hearing, petitioned articles cannot be altered or amended until the floor of the town meeting. This also means that if the town receives a petitioned article containing an appropriation after the budget hearing has been held, but before the final deadline for submitting petitioned warrant articles, a supplemental budget hearing will need to be held for the petitioned article. Finally, while the town cannot change the language of a petitioned warrant article after the budget hearing, the select board and official budget committee (if you have one) can vote and provide their recommendation just like any other special warrant article. If the petitioned article is proposing a bond, it follows the same process as any other bond article outlined in RSA 33:8-a.
Q. What if the article seeks to amend a zoning ordinance?
A. Much like articles containing appropriations, RSA 675:4 allows for 25 or more voters to petition for an amendment to a zoning ordinance, historic district ordinance, or a building code between 120 and 90 days before town meeting. The proposed zoning amendment article must be in correct warrant article form. This statute requires that petitioned amendments to these ordinances be submitted to the planning board and scheduled for a public hearing. Unlike petitioned warrant articles containing an appropriation, petitioned zoning amendment articles cannot be amended at the public hearing, after the public hearing or at town meeting. They must be placed on the ballot and voted on as written. The planning board is however allowed to place their recommendation on petitioned articles just as they are allowed to do for others.
Q. Can petitioned warrant articles be amended at town meeting?
A. Yes, petitioned warrant articles can be amended at the deliberative session for SB2 towns or on the floor of town meeting for traditional town meeting towns. The only exception are petitioned zoning articles as mentioned above and any warrant article where the language is specifically prescribed by statute. This same exception applies to select board articles as well. If a petitioned warrant article contains an appropriation, that number can be reduced or zeroed out like any other article.
Q. Can the select board or budget committee place their recommendation on petitioned warrant articles?
A. Yes, if the article calls for an appropriation the official budget committee and select board must put a recommendation on the article. If it is a zoning amendment, the planning board must put its recommendation on the article. For all other articles, the select board may place their recommendation on the article.
Q. What if the article is “illegal” or the select board is planning on submitting their own version of the article that is better worded. Can we remove the petitioned article if the petitioner agrees?
A. No, RSA 39:3 prohibits the selectmen from altering or changing petitioned warrant articles. The statute requires the selectmen to insert the petitioned article in the warrant “with only such minor textual changes as may be required.” “Minor textual changes” most likely refer to the selectmen putting the petition in the form of a question. Even if the petitioner agrees to remove the article, there is no process for them to have it taken off the ballot. As for “legality," if an article with questionable legal muster is approved by the voters, you should have your town attorney review the article and provide an opinion. If the article is not legally enforceable, it will likely be Member Highlight: Classified Ads Postings advisory only.