New Hampshire Senate
Constitutional Amendment would let taxpayers challenge improper government actions
Concord, NH – Senate Majority Leader Jeb Bradley (R-Wolfeboro) today applauded the Senate’s 24-0 vote in favor of a Constitutional Amendment restoring the rights of New Hampshire taxpayers to challenge government actions in court. CACR 5 would reverse a recent decision from the New Hampshire Supreme Court that taxpayers lack standing to bring suit against state or local actions made in violation of the law.
“Until just a few years ago, taxpayers harmed by their state or local government’s improper actions could challenge those actions in court,” Bradley said. “Today’s vote is the first step to restore that fundamental right of taxpayers.”
In Duncan V NH (2014), the Court found for the first time that the Legislature lacked authority to define standing, and dismissed a challenge to the state’s Education Tax Credit Program. If approved by the House, CACR 5 would ask New Hampshire voters to restore taxpayer standing on the November 2016 ballot.
“While I remain a strong supporter of the Education Tax Credit program, and am confident it will survive any legal challenge, it is important that we protect the right of taxpayers to challenge their government,” Bradley added. “When governments violate spending caps or other laws, taxpayers are harmed, and should not be locked out of the court house.”