New Hampshire ballot question to eliminate defunct position fails, according to preliminary results

A ballot measure meant to eliminate a defunct county-level position within the state’s judicial system just barely failed in Tuesday’s election, preliminary results show.

According to the Associated Press, 64.7% of voters opted to abolish the register of the probate, with 96% of votes counted. That’s just shy of the two-thirds majority needed.

The New Hampshire Constitution mandates that every New Hampshire county elect a register of probate. The position, now defunct, used to complete administrative tasks for the courts. However, in 2011, the state completed a major overhaul of the court system that included transferring register of probate duties to other staff. Because it’s still in the constitution, the position appears on ballots every two years and the winner accepts an annual $100 salary to do nothing. Ballot Question 1, if successful, would’ve eliminated the role.

The question’s technical language could have created some confusion.

Question 1 appeared on ballots as follows: “Are you in favor of eliminating the office of register of probate by amending articles 71 and 81 of the second part of the constitution to read as follows: [Art.] 71. [County Treasurers, County Attorneys, Sheriffs, and Registers of Deeds Elected.] The county treasurers, county attorneys, sheriffs and registers of deeds, shall be elected by the inhabitants of the several towns, in the several counties in the State, according to the method now practiced, and the laws of the state, provided nevertheless the legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them. [Art.] 81. [Judges Not to Act as Counsel.] No judge shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he or she is judge. (Passed by the N.H. House 325 Yes 15 No; Passed by the Senate 23 Yes 1 No) CACR 13.”

Tuesday’s result means that the state will continue electing and paying 10 registers of probate every two years. Because it’s in the constitution, lawmakers cannot legally eliminate the position themselves. Instead, per the constitution, they must take it to the voters, who must approve the change with a two-thirds majority.

This is not the first time voters have weighed in on the question. In 2022, a similar measure received the approval of only 63% of voters.