Update: Status of New Hampshire Redistricting Litigation(July 2023)

Update: Status of New Hampshire Redistricting Litigation(July 2023)

New Hampshire reportedly was the last state to complete redistricting for the 2020 cycle after the legislature and governor failed to agree on a map. The political struggles surrounding the enactment of a congressional map have given way to legal challenges against the state senate and house maps. Details below.

Congressional Map

The New Hampshire State Supreme Court took jurisdiction in case of an impasse over the congressional map in April of 2022. (Norelli v. Scanlan) The legislature presented two maps to the governor – one in March and another in May – both of which the governor announced his intention to veto. In the meantime, on May 12th, the supreme court declared the existing congressional map unconstitutional and procured Stanford Law Professor Nathaniel Persily to redraw the congressional map as the court’s special master. On May 27th it became clear that the legislature would adjourn without having enacted a congressional map and the supreme court enacted its own map on May 31.

State Senate and House Districts
New Hampshire’s newly adopted 2022 Senate and House maps are the subject of active litigation. A partisan gerrymandering claim against the Senate map in state court was rejected by a state trial court in November of 2022 as a political question not suitable for the court. That decision was appealed to the state supreme court, which heard oral arguments in May of 2023.

The state House map has been challenged by two local jurisdictions; the City of Dover and the City of Rochester. These municipalities claim their jurisdictions should have been provided at least one New Hampshire House district (and representative) under the provisions of the state constitution. The New Hampshire Secretary of State who is the defendant in this case has filed a motion to dismiss which is pending.

For news, litigation documents, district maps and more information about New Hampshire Redistricting, visit the New Hampshire Redistricting Almanac Page. The Almanac home page for all 50 states is here.

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