New Hampshire

New Test to NH Governor's Emergency Powers

The remonstrance received by the House clerk on Thursday argues that the law granting the governor emergency management powers is unconstitutional

New Hampshire Governor Christopher Sununu gives a speech on Sept. 2, 2020, in Manchester, New Hampshire.
Scott Eisen/Getty Images for DraftKings

More than 300 New Hampshire residents have filed a formal request asking the Legislature to repeal the powers granted to the governor during an emergency such as the coronavirus pandemic.

The remonstrance received by the House clerk on Thursday argues that the law granting the governor emergency management powers is unconstitutional, though it has been upheld in court.

“The experience and feeling of your Memorialists too dearly prove that some ruinous exercise of undelegated powers of issuing emergency orders and public policy guidelines enforced as law has been lately adopted in New Hampshire,” the group wrote. “Such acts could have been devised to bring the good people of this State into the deepest distress.”

Several lawmakers have filed bills limiting the governor’s powers. One would require the governor to explain the conditions necessary to extend a state of emergency and would require approval of the Legislature or Executive Council for renewal. Another would allow the Legislature to terminate any emergency order or part of an order, while a third would require legislative approval of any order issued during the renewal of a state of emergency.

Copyright AP - Associated Press
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