CASE SUMMARY

On May 6, 2022, a group of New Hampshire voters filed a state lawsuit against New Hampshire’s Secretary of State challenging the state’s enacted legislative redistricting plans as pro-Democrat partisan gerrymanders in violation of the New Hampshire Constitution’s Free and Equal Elections Clause and guarantees of equal protection, free speech and association. They sought a judicial declaration the plans were unconstitutional, a preliminary and permanent injunction barring their use in future elections, and a court order adopting constitutional remedial plans.

  • On October 5, 2022, the state superior court granted the defendant’s motion to dismiss the complaint on the grounds partisan gerrymandering claims presented nonjusticiable political questions and the plans otherwise complied with all state constitutional redistricting requirements. Plaintiffs appealed to the New Hampshire Supreme Court.
  • On November 29, 2023, the New Hampshire Supreme Court affirmed the superior court’s decision that partisan gerrymandering claims were nonjusticiable political questions under the New Hampshire Constitution.

CASE LIBRARY

New Hampshire Superior Court - No. 226-2022-CV-181

The Supreme Court of New Hampshire - No. 2022-0629