Besides the presidential, congressional, gubernatorial and local races being decided in New Hampshire on November 2nd, there is also a ballot question to amend the New Hampshire state constitution to restore legislative oversight to judicial policies, procedures, and rules.

From the Union Leader (Manchester, NH) comes this explanation of the proposed amendment:

Voters statewide will cast ballots tomorrow on a proposed amendment to the state constitution that would allow the Legislature to exert authority over the rules of the state judiciary.

The amendment would allow laws passed in Concord to trump court-imposed rules regarding court administration and practices, and the admissibility of evidence. The constitution now gives the state Supreme Court authority over those practices.

A similar proposal was on the 2002 ballot, with 63 percent of those voting favoring it. It requires a two-thirds majority to pass.

A Union Leader editorial expressed the views of many about the need for the change:

Part II, Article 73-a of the state constitution was added in 1978 to give the chief justice of the Supreme Court the constitutional authority to make rules governing court administration, practice and procedure. Historically, both the courts and the Legislature had been considered to have this authority, but nothing in the constitution expressly said the courts had it. Part II, Article 73-a simply clarified that the court could do what it always had done.

Unfortunately, the Supreme Court has construed that amendment in such a way as to deny the Legislature its historical authority to also write rules for the courts. To get that authority back, the Legislature has written another amendment, which will be on next week’s ballot as Question 1. It simply restores the Legislature’s authority to write rules “of general application” for the courts. Rules written by the Legislature must apply generally and may not violate any other provision of the constitution.

It is not known whether the ballot question will pass this time.