The mandatory retirement age for New Hampshire judges will remain 70 years old, after a constitutional amendment on the ballot in last Tuesday’s election narrowly failed to gain enough support.

Just under 66% of voters supported the amendment, and just over 34% opposed, according to the latest results from the Secretary of State’s office. At least two thirds — or at least 66.67% — of voters needed to support the change in order for it to pass. The Secretary of State’s office said they look only at results “taken only from those who voted either yes or no on the question” when determining that two-thirds threshold.

Currently, New Hampshire judges are required to retire at age 70, according to a limit set by the state constitution in 1792.

The proposal was introduced by Rep. Bob Lynn, a former chief justice of the New Hampshire Supreme Court who joined the Legislature after retiring from the court. He argued the current age limit doesn’t reflect modern life spans and has forced otherwise capable judges to leave the bench too soon.

A map showing the mandatory age for judges to retire by state. (2022 data from ballotpedia.com)

At the polls, some voters — including Bonnie Notch, in Northfield — said they weren’t aware the question was even on the ballot until Election Day. She said she had been anxious about the presidential election, and that got most of her attention. Still, she supported the proposal and said age isn’t necessarily an indicator of whether a judge is fit to serve.

“Seventy isn’t the same as it was years ago, when that probably first came in,” Notch said. “So, I think somebody of 71 years old is totally qualified to be a judge.”

Others said increasing the age could keep judges who the public no longer feels represents their views on the bench longer.

Amanda Carey, also from Northfield, said she had mixed feelings on the question but ultimately voted against raising the age.

“I didn’t really agree with it, at that point, you’ve got to move forward,” Carey said. “Seventy-five years old and still being a judge, that’s a lot. I don’t think it’s necessarily a bad thing, because there’s a lot of great judges out there. Depends, I guess.”