You can’t have missed the big to-do today. Windham’s Selectman have been tasked with selecting an auditor for the November election mishap, and the rumor is that they intend to do that in secret.
The pushback is ongoing, as you can tell from our home page, but maybe we need a bit more “push.” I have feelers out to answer these questions, but given the urgency, the next Selectman’s meeting is tonight; I felt obligated to air this out a bit before then.
First, New Hampshire has no election recall capability, not even if added to the town charter. State statute does not permit it.
Since, however, RSA 49-C does not in fact assert a citizen power of recall, the New Hampshire courts have struck down city charters that attempted to include a recall provision. As a result, New Hampshire municipalities as a matter of court interpretation regarding the relevant statutes do not have the ability to recall their local elected officials.
Nor is it explicitly allowed by the State Constitution (Sorry about the Wikipedia link, I was in a hurry).
Related: Windham Selectman: The Election Audit Process Must Be Fully Transparent and Public
Part II. Article 17. [House to Impeach Before the Senate.] states:
- The house of representatives shall be the grand inquest of the state; and all impeachments made by them, shall be heard and tried by the senate.
Part II. Article 38. [Senate to Try Impeachments; Mode of Proceeding.] states in part:
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The senate shall be a court, with full power and authority to hear, try, and determine, all impeachments made by the house of representatives against any officer or officers of the state, for bribery, corruption, malpractice or maladministration, in office; …
Any officer or officers of the state does not strike me as relating necessarily to town officials. The Courts have struck down any local charter language, which leaves the question of what to do about discipline related to maladministration or malpractice.
Many towns have ethics rules or committees.
Does Windham have such language in its Charter, and what teeth, if any, exist? Is there any avenue short of the promise of removal in a future election? That is hardly a motivation not to misbehave, given that there’s no guarantee?
If you’d not noticed, elections could be fickle things – which is why we are here in the first place.
I have asked a local to dig in, and I await a response. Anyone who knows more, House Rep’s, lawyers, (former State Supreme Court Justice Robert Lynn?), email us or drop some details in the comments.
One more point. This is a national story, and that sort of scrutiny might influence one way or another, and there’s no way to tell which.
They might realize it’s too high profile to get secretive, or they could dig in their heels.
Stay tuned.
