CASE SUMMARY

On March 31, 2022, a group of New Hampshire voters filed a state lawsuit against New Hampshire’s Secretary of State challenging the state’s then-current congressional plan, which was enacted after the 2010 Census, as unconstitutionally malapportioned in violation of the U.S. Constitution’s one person, one vote requirement and the New Hampshire Constitution’s Free and Equal Elections Clause and Equal Protection Clause. They sought a judicial declaration the plan was unconstitutional, preliminary and permanent injunctive relief barring its use in future elections, and for the court to establish a schedule for adopting a remedial plan if the state’s political branches failed to enact one.

  • On April 11, 2022, the New Hampshire Supreme Court issued an order assuming jurisdiction over the case, citing the need for a speedy determination of the issues involved.
  • On May 12, 2022, the New Hampshire Supreme Court struck down the 2010-cycle plan as unconstitutionally malapportioned and stated the legislative impasse between the Governor and General Assembly warranted judicial intervention to ensure a lawful plan was in place by June 1, 2022. Noting that redistricting is primarily a legislative function, the Court explained it would take a “least changes” approach and not account for political considerations but would not prohibit the state’s legislature from enacting its own congressional plan before the Court did so. It appointed Nathaniel Persily as special master and set a May 27, 2022, deadline for his plan recommendation and report.
  • On May 27, the Court’s special master filed his report and recommended plan.
  • On May 31, the Court held oral arguments and issued an order the same day adopting the special master’s recommended plan as final.

CASE LIBRARY

New Hampshire Superior Court, Hillsborough, Southern District - No. 226-2022-CV-00126

New Hampshire Supreme Court - No. 2022-0184