Executive Council of New Hampshire - Powers

Powers

The Governor and Council, together, have the authority and responsibility over the administration of the affairs of the State as defined in the New Hampshire Constitution, the New Hampshire Revised Statutes Annotated, and the advisory opinions of the New Hampshire Supreme Court and the New Hampshire Attorney General. The General Court has also designated specific powers to the governor and council in RSA Chapter 4. Other powers of the council derive from the NH Constitution:

• The governor and council approve the spending of a significant portion of the state's budget.

• The governor and council serve as the watchdogs of the state treasury to insure state departments and agencies do not spend more than they were allowed to, or use the money for unauthorized purposes. (Part II. Art. 56)

• The governor and council approves state departments and agencies' receipt and expenditures of funds and gifts, budgetary transfers within a department, and all contracts with a value of $5,000 or more.

• The governor and council nominates and appoints all "judicial officers, the attorney general, and all officers of the navy, and general and field officers of the militia." (Part II. Art. 46)

• The governor and council "have a negative on each other, both in the nominations and appointments," which shall be signed by the governor and council. (Part II. Art. 47)

• The power of pardoning offenses "shall be in the governor, by and with the advice of council," except for persons convicted of offenses before the senate by impeachment of the house or persons whose offenses have yet been adjudicated. (Part II. Art. 52)

• When a majority of the council and the attorney general reasonably believes "the governor is unable to discharge the powers and duties of his office by reason of physical or mental incapacity, but the governor is unwilling or unable to transmit his written declaration to such effect...," the attorney general shall petition the NH Supreme Court, which will make such determination by a preponderance of the evidence. (Part II Art. 49-a)

• The governor with advice of council has "the full power and authority, in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said court; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same." (Part II. Art. 50)