Changes to the state Constitution on your ballot this November

With all the buzz about the November 5 election coming up, you’ve no doubt been bombarded by political advertisements for candidates. There’s one area of the ballot that doesn’t garner as much attention (but is still a big deal!): ballot measures. There’s only one state-level ballot measure this year, a proposed change to the state Constitution: should NH raise the mandatory retirement age for judges from 70 to 75?

Raising the mandatory retirement age for state judges

New Hampshire’s Constitution states that “No person shall hold the office of Judge of any Court, or Judge of Probate, or Sheriff of any county, after he has attained the age of seventy years.” This limit was established in 1792—just over a decade after the New Hampshire Constitution was first established.

This year, the Legislature passed CACR 6, which seeks to amend this part of the Constitution. It would raise the mandatory retirement age for state judges to 75 years old. The retirement age for sheriffs would remain at age 70.

Why raise the mandatory retirement age for judges?

This constitutional amendment was proposed by Rep. Bob Lynn of Windham, who served on the New Hampshire Supreme Court until he reached age 70 and was required to retire. He argues that the age limit forces experienced, capable judges to retire who otherwise would not have. Just last year, Justice Gary Hicks also retired as he ran up against the age limit. Proponents point out that life expectancy has increased dramatically since the 18th century when the rule was put in place, so it makes sense that the retirement age should rise, too.

Others argue the age cap for state judges should be left where it is. They say the age limit helps bring in younger justices and with them, fresh ideas. In this way, the debate echoes arguments we’ve heard on both sides regarding older presidential candidates.

What’s next?

In order for this constitutional amendment to succeed, two thirds of New Hampshire voters must vote in favor of it on the general election ballot. You can learn more about the process for amending the New Hampshire Constitution here.

Update 11/8/24: The constitutional amendment failed to reach the two-thirds vote necessary to pass.