CASE SUMMARY
On May 3, 2022, the City of Dover, New Hampshire, filed a petition for original jurisdiction with the New Hampshire Supreme Court challenging the state's enacted state House redistricting plan as violating the U.S. and New Hampshire Constitutions. First, petitioners allege the enacted plan contains a population deviation range above 10% in violation of the one person, one vote requirement under the 14th Amendment. Second, they assert the plan violates Part II, article 9 of the New Hampshire Constitution because it fails to give a representative to Dover Ward 4 despite it exceeding the ideal population entitling it to one. They are asking the Court to assume original jurisdiction over the case, enjoin the enacted plan from being used in future elections, and for the court to otherwise remedy the unconstitutional aspects of the enacted plan.
The New Hampshire Supreme Court denied the petition for original jurisdiction on May 17 without prejudice to the petitioners filing their action in a New Hampshire trial court. The petitioners filed their complaint with the Strafford County Superior Court on July 26, 2022.
CASE LIBRARY
New Hampshire Supreme Court - No. 2022-0249
- Petition for Original Jurisdiction - 5/3/22
- Order - 5/5/22
- Respondents' Joint Brief Memorandum - 5/13/22
- Assented-To Motion for Leave to File Reply - 5/16/22
- Order Denying Petition - 5/17/22
New Hampshire Superior Court, Strafford County - No. 219-2022-CV-224
- Complaint - 7/26/22
- Exhibit 1: CACR 41 Voter Guide - 7/26/22
- Exhibit 2: Affidavit of David Andrews (Pt. 1) - 7/26/22
- Exhibit 2: Affidavit of David Andrews (Pt. 2) - 7/26/22
- Defendants' Joint Motion to Dismiss - 10/17/22
- Memorandum of Law in Support of Defendants' Joint Motion to Dismiss - 10/17/22
- Plaintiffs' Objection to Defendants' Joint Motion to Dismiss - 11/15/22
- Defendants' Reply to Plaintiffs' Objection to Motion to Dismiss - 11/28/22
- Plaintiffs' Surreply in Support of Objection to Defendants' Joint Motion to Dismiss - 12/6/22
- Order on Defendants' Motion to Dismiss - 6/23/23
- Defendants' Joint Motion to Reconsider - 7/10/23
- Plaintiffs' Objection to Defendants' Joint Motion to Reconsider - 7/13/23
- Order Denying Defendants' Joint Motion to Reconsider - 7/21/23
- Defendants' Answer to the Plaintiffs' Complaint for Declaratory and Injunctive Relief - 8/21/23
- Plaintiffs' Proposed Summary Judgment Briefing Schedule - 9/21/23
- Defendants' Objection to Plaintiffs' Proposed Summary Judgment Briefing Schedule - 10/2/23
- Defendants' Motion to Adopt Case Structuring Order - 10/5/23
- Plaintiffs' (1) Objection to Defendants' Motion [...] and (2) Request for Emergency/Expedited Status Conference - 10/5/23
- Case Structuring and ADR Order - 10/5/23
- Notice of Hearing - 10/18/23
- Plaintiffs' Motion for Summary Judgment - 1/9/24
- Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment - 1/9/24
- Plaintiffs' Statement of Undisputed Facts in Support of Motion for Summary Judgment - 1/9/24
- Defendants' Motion for Summary Judgment - 1/10/24
- Defendants' Statement of Material Facts in Support of Defendants' Motion for Summary Judgment - 1/10/24
- Plaintiffs' Objection to Defendants' Joint Motion for Summary Judgment - 1/19/24
- Plaintiffs' Responses to Defendants' Statement of Material Facts in Support of Defendants' Motion for Summary Judgment - 1/19/24
- Defendants' Objection to Plaintiffs' Motion for Summary Judgment - 1/22/24
- Defendants' Responses to Plaintiffs' Statement of Material Facts in Support of Defendants' Motion for Summary Judgment - 1/22/24
- Reply in Support of Plaintiffs' Motion for Summary Judgment - 1/30/24
- Defendants' Reply to the Plaintiffs' Objection to the Defendants' Motion for Summary Judgment - 1/30/24
- Motion for Status Conference - 4/5/24
- Order on Cross-Motions for Summary Judgment - 4/8/24
- Rule 7 Notice of Mandatory Appeal - 5/6/24
The Supreme Court of New Hampshire - No. 2024-0259