HB1044

The vacancies should only be voted on by delegates in the district, just the the voters to whom this position represents (those is the district) were the only votes counted in selecting the representative.

Written Testimony in Support of HB 1044 AN ACT relative to the filling of vacancies in the office of a county commissioner Before the House Municipal and County Government Committee January 2026 Madam Chair and Members of the Committee, I submit this testimony as a private citizen in strong support of HB 1044 and respectfully urge the Committee to issue an Ought to Pass recommendation. HB 1044 corrects a structural defect in New Hampshire law by ensuring that representation remains with the people who actually live in, vote in, and are governed by a county commissioner district when a vacancy occurs. This bill restores the integrity of district-based representation and aligns vacancy appointments with constitutional principles of accountability and equal representation. The Structural Problem HB 1044 Corrects New Hampshire adopted district-based county commissioner representation to ensure that geographically distinct communities are represented by someone who understands their local needs, priorities, and concerns. However, under current law and practice, when a vacancy occurs, members of the county convention who do not live in the commissioner’s district, do not represent its voters, and have no direct accountability to those residents may vote to fill that seat. That practice defeats the very purpose of districting. A district-based office loses legitimacy when outsiders are permitted to select representation for a community they do not represent. HB 1044 restores alignment between voters, their elected representatives, and the official exercising governmental authority over them. Direct Impact and Lived Experience This issue is not theoretical. I have been directly affected by the current vacancy-filling process. When a vacancy occurred in a county commissioner district, the decision was made by the entire county delegation, rather than by the limited number of representatives elected by voters in that district. As a result, legislators from outside the district—who neither lived in the district nor represented its residents—overrode the voices of those who did. Those voting legislators: did not reside in the district, were not elected by its voters, and bore no accountability to the community affected by the decision. The result was structural vote dilution, where the preferences of district voters were submerged beneath the votes of individuals outside the district. HB 1044 ensures this outcome does not occur again. New Hampshire Constitutional Principles HB 1044 is firmly grounded in the New Hampshire Constitution, which places representation and accountability at the core of legitimate government. Part I, Article 10 affirms that political power originates with the people and exists to secure their benefit. Part II, Article 9 establishes that representatives are chosen by, and accountable to, the people of the districts they serve. Once the legislature creates a district-based office, authority over that office constitutionally belongs to that district. Allowing representatives from outside the district to fill a vacancy severs the chain of accountability between the people and the official exercising governmental power over them. HB 1044 restores that constitutional relationship. Federal Constitutional Law and Equal Protection HB 1044 also aligns with the Equal Protection Clause of the Fourteenth Amendment and longstanding United States Supreme Court precedent. The Court has consistently held that when officials exercise general governmental authority, the method of selecting those officials must comply with the principle of “one person, one vote.” In Avery v. Midland County, 390 U.S. 474 (1968), the Court held that county governing bodies are subject to equal representation requirements. In Hadley v. Junior College District, 397 U.S. 50 (1970), the Court clarified that whenever officials perform governmental functions, each citizen’s vote must carry equal weight. When legislators from outside a commissioner district vote to fill that district’s vacancy, district residents’ voting power is diluted, while individuals outside the district gain disproportionate influence over governance they do not live under. HB 1044 directly prevents this constitutional imbalance. Vacancy Appointments Must Reflect the Electorate Although vacancy appointments are temporary, courts have recognized that temporary selection mechanisms must still reasonably reflect the electorate. The logic is straightforward: If only District One voters elect the District One commissioner, then only District One’s representatives should appoint a temporary replacement. Anything else permits representation without residency, which is incompatible with democratic norms and constitutional principles. HB 1044 preserves the temporary nature of appointments, the authority of voters at the next biennial election, and the legitimacy of district-based governance. Conclusion HB 1044 is narrow, measured, and necessary. It: restores constitutional accountability, prevents structural vote dilution, reinforces public trust in county government, and ensures that representation means what voters reasonably believe it means. When a district elects a county commissioner, only that district’s representatives should choose a replacement if a vacancy occurs—no more, no less. For these reasons, I respectfully urge the Committee to recommend Ought to Pass on HB 1044. Respectfully submitted, Susan J. Rice 159 Ten Rod Road Rochester, NH 03867 Phone: (603) 234-3991 Email: ricesusanj@yahoo.com