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SB2 has been around now for ~30 years. In the early days there were many abuses and the rules have changed to resolve things. For example, you can amend an article at the deliberative session, but you are limited in the ability to change intent.
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Excerpts from my presentation that will be revised for whenever the meeting occurs. Facts don't change, however.
History
SB2 stands for Senate Bill 2. It became law in1995. The town had previously voted SB2, 4 times; 2004,
2007, 2009, and 2011, on the Tuesday ballot. Some voters probably had no clue what it was. In 2019, the
law changed with House Bill 415 changing SB2 adoption to town meeting, as we are doing tonight.
Legislation in 2000 made “SB2” the official name. This is the first time Moultonborough will be debating at a town meeting.
Amendments
The following excerpts are based on a 2019 NH Municipal Association article by Stephen C. Buckley,
Legal Services Counsel.
“The content of warrant articles is either prescribed by statute, or is governed by common law, and
statutory ground rules, especially as applied to articles that contain appropriations. An “illegal” warrant
article is one that cannot have any legal effect, even if town meeting approves it, usually because it
violates some provision in the law. It is “unenforceable”.
After the public hearings are over and the warrant is drafted, and posted, it is up to the moderator—with
the assistance of other town officials and the town attorney—to make sure that the town’s business is
accomplished fairly and efficiently.
Opinion of the Justices, No. 4600 Decided July 9, 1957.
"The subject matter of all business to be acted upon at the town meeting, shall be distinctly stated in the
warrant, and nothing done at any meeting . . . shall be valid unless the subject thereof is so stated."
More recently, in Grant v. Barrington, (2008), the Court described the purpose of RSA 39:2 in the context
of an (SB 2) town meeting:
“[t]he prohibition against changing the subject of a warrant article is to ensure that subjects that were not
noticed to voters, are not inserted into the articles at the deliberative session. This protects the voters who
decided not to attend the first session, from new subjects being addressed, about which they had no
notice, and therefore, did not have an opportunity to consider, when deciding, whether they were
interested in attending the deliberative session.”
This is described as the “stay-at-home test”.
The court also stated that the statutes did not warrant that the court decide what is "intent".
The role of the SB2 first session (town meeting/deliberative session) is to decide the final form of the Tuesday ballot questions.
SB2 is not a change in government. It only changes who can vote, when we vote, and how we vote.
Towns may adopt either March, April, or May town meeting.
The only difference between SB2 and Traditional town meeeting is:
who can vote, when we vote, and how we vote, and a default budget.
SB2:
All registered voters, especially absentees, can vote on all warrant articles (a biggie!)
Vote on all warrant articles on the Tuesday ballot (another biggie)
Vote on one ballot, after a month to research and decide (who is Bull S*ing) from 7am to 7pm, in privacy, and then do your thing!
Bring Moultonborough into the 21st century. Vote yes on Article 3 of the 2023 warrant.