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New Hampshire voters to decide amendment to eliminate register of probate references from state constitution; similar measure failed two-thirds requirement in 2022


New Hampshire voters will be deciding on a constitutional amendment to eliminate references to the register of probate from the New Hampshire Constitution. It will appear on the Nov. 3, 2026 ballot.

The amendment, Concurrent Resolution 13, was introduced by Rep. Dennis Mannion (R) on Dec. 1, 2025. In order for a constitutional amendment to be placed on the ballot in New Hampshire, a 60% vote is needed in each chamber of the New Hampshire State Legislature. On Feb. 5, the House approved the amendment by 325-15, and on March 26, the Senate approved the amendment by 23-1.

To be ratified, a two-thirds vote will be required at the general election.

In the past, New Hampshire’s Register of Probate office handled issues such as simple wills. But in 2011, due to a reorganization of New Hampshire’s court system, most of the duties of this office were eliminated. Currently, the primary responsibility of the office is the preservation of files that have the potential for historical significance.

Voters previously decided a similar amendment in 2022, which also would have eliminated references to the register of probate in the constitution. While the amendment received 62.9% of the vote, it did not reach the two-thirds (66.67%) required to amend the constitution.

This is the first ballot measure to be certified to the 2026 ballot in New Hampshire. There are two other constitutional amendments in the state legislature that may make the ballot. One amendment would change the age limit for the county sheriff position, and the other would require a two-thirds vote in the legislature to enact any new broad-based tax.