Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Attorney
    • John F. Hayes, Attorney
    • David Howard, Attorney
    • Ariana Baldasaro McQuarrie, Attorney
    • Jason Curtis, Attorney
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
Home » Blog » Town Meeting Can Be Postponed Due to Bad Weather or Emergency

Town Meeting Can Be Postponed Due to Bad Weather or Emergency

New Hampshire’s oldest form of town government is the town meeting. It has been relatively consistent and unchanged through the generations as to when this annual event is held. RSA 39:1 requires town meeting to be held annually on the second Tuesday of March, or in accordance with RSA 40:13 (providing an optional form of town meeting as official ballot referenda) if that provision is adopted by the Town. The vast majority of New Hampshire municipalities abide by the “second Tuesday of March” rule in holding town meetings.

However, as New Hampshire residents know, March can be a tempestuous weather month for the Granite State. Past years have proven that weather can severely hinder the ability of otherwise entitled residents to participate in town meeting and related voting matters.

Amendment to RSA 40:4

The New Hampshire legislature recognized this possibility in the 2019 legislative year and in January 2019 introduced SB 104. SB 104 is a measure providing for the postponement of municipal elections in the event of winter storm warning, blizzard warning, or ice storm warning. After several months of legislative discussion and amendment, SB 104 was approved by both the State Senate and House of Representatives. It was signed into law by Governor Sununu as an amendment to RSA 40:4, to become effective in July 2019.

The new version of RSA 40:4 grants moderators of municipal town meetings the power to postpone the “date of a deliberative session or business session of a town meeting” up to two (2) hours but not more than forty-eight (48) hours. This can occur when the National Weather Service issues a “weather event warning applicable to the town on the date” of the session that the “moderator reasonably believes may cause the roads to be hazardous or unsafe” or if “an accident, natural disaster, or other emergency occurs which the moderator reasonably believes may render use of the meeting location unsafe.”  RSA 40-4:II(a).

This new amendment hopes to ensure safety and increased participation among voters in town meeting and corresponding votes. This change will be in effect for the 2020 town meetings coming up in March. Be on the lookout for notice from your local moderator—particularly if inclement weather strikes—before heading out to vote.

For additional information on town meeting, municipal voting, or other municipal matters, please contact our office at (603) 856-8411. You can also contact us here.

Filed Under: General, Legislation Tagged With: postponed, town meeting, winter weather

The above information is for informational purposes only and does not constitute legal advice.

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA

NH Real Estate Law Articles

  • Airbnb
  • Common Neighborly Legal Issues
  • Court Updates
  • Dealing with Neighbors
  • Easements
  • Estate Planning
  • General
  • Historic Designation
  • Legal Documents
  • Legal Terms
  • Legislation
    • Business Law
  • Living Trust
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

A Landmark Decision on Short-Term Rentals and Zoning

Town of Conway v. Kudrick: A Landmark Decision on … [Read More...]

A Lesson in Preemption and Local Zoning Ordinances

Joy Street, LLC v. Town of Chesterfield: A Lesson in … [Read More...]

Confirm Your Boundary Lines Before Purchasing Property

When buying a new house, it is important to have a property … [Read More...]

Clearview Realty Ventures, LLC v. City of Laconia

Clearview Realty Ventures, LLC v. City of Laconia: Can a … [Read More...]

Article Archives

  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2023 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC