On May 6, 2022, a group of New Hampshire voters filed a lawsuit challenging the state's enacted legislative plans as partisan gerrymanders in violation of the New Hampshire Constitution. First, plaintiffs allege the plans were enacted with impermissible partisan intent in violation of the New Hampshire Constitution's Free and Equal Elections Clause (pt. 1, art. 11). Second they allege the plans dilute Democratic voters' voting strength in violation of the state constitution's guarantee of equal protection (pt. I, arts. I, 10, and 12). Third, they assert the plans also violate the constitutional guarantees of free speech and association (pt. I, arts. 22 and 32) because the General Court intentionally discriminated against Democratic voters based on their political affiliation to dilute their voting strength. They are seeking a judicial declaration that the enacted state House and Senate plans are unconstitutional, a preliminary and permanent injunction barring the plans from being used in future elections, and a court order adopting constitutional legislative plans for the state.
On October 5, 2022, the superior court granted the defendants' joint motion to dismiss the complaint on the grounds the partisan gerrymandering claims presented nonjusticiable political questions and the enacted plans otherwise complied with the New Hampshire Constitution's redistricting requirements.
New Hampshire Superior Court - No. 226-2022-CV-181