New Hampshire Legislative Redistricting Challenge

Lawsuit filed on behalf of voters against New Hampshire’s new legislative maps. The plaintiffs allege that the new state Senate and Executive Council districts are partisan gerrymanders that impermissibly favor Republicans in violation of the New Hampshire Constitution. The plaintiffs argue that Republican legislators purposefully “cracked” and “packed” Democratic voters across legislative districts in order to secure Republican majorities in both chambers. In fact, the lawsuit argues that, even “if more than half of the statewide electorate votes for Democratic candidates, Republicans can still obtain control of both the Senate and Executive Council with large margins.” The plaintiffs allege that these partisan gerrymanders violate multiple provisions of the New Hampshire Constitution and both maps should be blocked by the court for the 2022 elections. On Oct. 5, 2022, the court granted the defendants’ motion to dismiss the lawsuit. On Nov. 4, 2022, the plaintiffs appealed this decision. Litigation is ongoing in the New Hampshire Supreme Court. Oral argument before the New Hampshire Supreme Court is set for May 11, 2023. On Nov. 29. 2023, the New Hampshire Supreme Court affirmed the lower court’s dismissal of the lawsuit and held that partisan gerrymandering claims are non-justiciable under the state constitution.

Last updated: November 29, 2023 9:34 am EST