A question on the Nov. 3 ballot would amend the New Hampshire Constitution to remove the office of register of probate, a position that state lawmakers say has no real duties after a 2011 court reorganization.
What the amendment would do
The proposed amendment would delete references to the register of probate from the state constitution and leave the slate of county officials who continue to be elected unchanged otherwise. If voters approve the change, the person elected to the post would not take office, according to supporters of the amendment.
“It's time to eliminate this vestige of the past,” Donna Sytek wrote in an opinion piece endorsing the amendment, calling the office a “do-nothing job.”
History and budget impact
Supporters point to a 2011 court reorganization that eliminated about 50 positions and, the columnist wrote, saved approximately $3 million annually. That reorganization transferred the duties once performed by the elected register — clerical support for the Probate Court, handling estates, guardianships and adoptions — to a court employee, the clerk of the probate division of the circuit court.
Because the office is named in the state constitution, the Legislature could not remove it by statute. Both the House and the Senate voted overwhelmingly to place the amendment on the ballot, according to the columnist.
Recent election history
The office has appeared on ballots repeatedly since it lost responsibilities. The columnist noted there have been seven elections for the position since 2011 and that the 2022 referendum on removing the office received 62.8% of the vote, short of the two-thirds majority required for a constitutional amendment.
- 2011 reorganization: Duties moved from the elected register to a court employee; supporters cite about $3 million in annual savings.
- 2022 vote: A prior attempt to remove the office garnered 62.8% support, below the two-thirds threshold.
- Current ballot: The Legislature approved placing the amendment before voters on Nov. 3.
Donna Sytek, who wrote the endorsement, said she was elected Rockingham County register of probate in 2016 with the goal of eliminating the office. In the column she described the position as lacking physical resources or responsibilities: no office, phone, desk or computer, and receiving a nominal stipend of $100 a year.
Voters deciding Question 1 will determine whether the constitution is amended to remove the named office. Passage requires approval by two-thirds of ballots cast on the amendment, as specified by the state constitution for changes to elected county offices.
The amendment is listed on the ballot as Question 1 for the Nov. 3 general election.
