Redistricting in New Hampshire after the 2020 census

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Redistricting
State legislative and congressional redistricting after the 2020 census
General information
State-by-state redistricting procedures • Majority-minority districts • Gerrymandering
The 2020 cycle
United States census, 2020 • Congressional apportionment • Redistricting committees • Deadlines • 2022 House elections with multiple incumbents • New U.S.House districts created after apportionment • Congressional maps • State legislative maps • Lawsuits • Status of redistricting after the 2020 census
Redrawn maps
Redistricting before 2024 elections • Redistricting before 2026 elections
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Redistricting is the process of enacting new district boundaries for elected offices, particularly for offices in the U.S. House of Representatives and state legislatures. This article chronicles the 2020 redistricting cycle in New Hampshire.

New Hampshire's two United States representatives and 424 state legislators are all elected from political divisions called districts. District lines are redrawn every 10 years following completion of the United States census. Federal law stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.

On May 31, 2022, the New Hampshire Supreme Court gave final approval to a new congressional map drawn by a redistricting special master.[1] This map took effect for New Hampshire's 2022 congressional elections.

On March 23, 2022, Gov. Chris Sununu (R) signed a new state house map into law. On May 6, Sununu signed a new state senate map into law. These maps took effect for New Hampshire's 2022 elections. Click here for more information.


See the sections below for further information on the following topics:

  1. Summary: This section provides summary information about the drafting and enacting processes.
  2. Apportionment and release of census data: This section details the 2020 apportionment process, including data from the United States Census Bureau.
  3. Drafting process: This section details the drafting process for new congressional and state legislative district maps.
  4. Enactment: This section provides information about the enacted congressional and state legislative district maps.
  5. Court challenges: This section details court challenges to the enacted congressional and state legislative district maps.
  6. Background: This section summarizes federal and state-based requirements for redistricting at both the congressional and state legislative levels. A summary of the 2010 redistricting cycle in New Hampshire is also provided.

Summary

This section lists major events in the post-2020 census redistricting cycle in reverse chronological order. Major events include the release of apportionment data, the release of census population data, the introduction of formal map proposals, the enactment of new maps, and noteworthy court challenges. Click the dates below for additional information.

Enactment

Enacted congressional district maps

See also: Congressional district maps implemented after the 2020 census

On May 31, 2022, the New Hampshire Supreme Court gave final approval to a new congressional map drawn by a redistricting special master.[2] This map took effect for New Hampshire's 2022 congressional elections.

The New Hampshire House of Representatives approved an initial congressional map 186-164 on January 5, 2022.[3] On March 17, the New Hampshire State Senate voted 13-11 to approve the map. On the same day, Gov. Chris Sununu (R) said he planned to veto the map.[4][5]

On April 11, the New Hampshire Supreme Court announced it would take jurisdiction over the redistricting process if the legislature and governor were not able to draw a new congressional map.[6] The action was in response to a lawsuit filed by former New Hampshire House Speaker Terie Norelli (D) and several voters.

A revised congressional map was approved by a 176-171 vote in the New Hampshire House and a 14-10 vote in the New Hampshire Senate on May 26, 2022.[7] On the same day, Sununu said he planned to veto the revised map.[8] On May 27, the New Hampshire Supreme Court released a draft map drawn by redistricting special master Nathaniel Persily.

Below are the congressional maps in effect before and after the 2020 redistricting cycle.

New Hampshire Congressional Districts
until January 2, 2023

Click a district to compare boundaries.

New Hampshire Congressional Districts
starting January 3, 2023

Click a district to compare boundaries.



2020 presidential results

The table below details the results of the 2020 presidential election in each district at the time of the 2022 election and its political predecessor district.[9] This data was compiled by Daily Kos Elections.[10]

2020 presidential results by Congressional district, New Hampshire
District 2022 district Political predecessor district
Joe Biden Democratic Party Donald Trump Republican Party Joe Biden Democratic Party Donald Trump Republican Party
New Hampshire's 1st 52.2% 46.2% 52.2% 46.2%
New Hampshire's 2nd 53.6% 44.7% 53.5% 44.8%

Enacted state legislative district maps

See also: State legislative district maps implemented after the 2020 census

On March 23, 2022, Gov. Chris Sununu (R) signed a new state house map into law. On May 6, Sununu signed a new state senate map into law. These maps took effect for New Hampshire's 2022 elections.

On Jan. 5, 2022, the New Hampshire House of Representatives voted 186-168 to approve the state House map.[11] On Feb. 16, the New Hampshire State Senate voted 14-10 to approve the map.[11] On Feb. 16, the New Hampshire State Senate voted 14-10 to approve the map.[11]

On Feb. 16, the state Senate voted 14-10 to approve the state Senate map. On April 21, the House voted 172-149 to approve the map.[12]

State Senate map

Below is the state Senate map in effect before and after the 2020 redistricting cycle.

New Hampshire State Senate Districts
until May 5, 2022

Click a district to compare boundaries.

New Hampshire State Senate Districts
starting May 6, 2022

Click a district to compare boundaries.

State House map

Below is the state House map in effect before and after the 2020 redistricting cycle.

New Hampshire State House Districts
until December 6, 2022

Click a district to compare boundaries.

New Hampshire State House Districts
starting December 7, 2022

Click a district to compare boundaries.


Drafting process

In New Hampshire, both congressional and state legislative district boundaries are drawn by the state legislature. These lines are subject to veto by the governor.[13]

State law requires that state legislative districts "be contiguous, and maintain the boundaries of towns, wards, or unincorporated places." There are no such requirements in place for congressional districts.[13]

Timeline

The House Redistricting Committee said it planned to make final map recommendations to the legislature on November 16-17, 2021. The Senate Redistricting Committee said it would consider proposed district boundaries in late January 2022.[14]


Committees and/or commissions involved in the process

In New Hampshire, the following committees are involved in the redistricting process: the House Redistricting Committee and the Senate Redistricting Committee. As of November 4, 2021, the committees had the following members:[15][16]

New Hampshire House Redistricting Committee membership, 2020 cycle
Name Partisan affiliation
Rep. Barbara Griffin (Chairwoman) Republican Party Republican
Rep. Steven Smith (Vice-Chairman) Republican Party Republican
Rep. Ross Berry Republican Party Republican
Rep. Bob Lynn Republican Party Republican
Rep. Wayne MacDonald Republican Party Republican
Rep. Carol McGuire Republican Party Republican
Rep. Travis O'Hara Republican Party Republican
Rep. Len Turcotte Republican Party Republican
Rep. Paul Bergeron Democratic Party Democratic
Rep. David Cote Democratic Party Democratic
Rep. Connie Lane Democratic Party Democratic
Rep. Iz Piedra Democratic Party Democratic
Rep. Marjorie Smith Democratic Party Democratic
Rep. Lucy Weber Democratic Party Democratic
Rep. Matt Wilhelm Democratic Party Democratic


New Hampshire Senate Special Committee on Redistricting membership, 2020 cycle
Name Partisan affiliation
Sen. James Gray (Chairman) Republican Party Republican
Sen. Regina Birdsell Republican Party Republican
Sen. Donna Soucy Democratic Party Democratic
Sen. Sharon Carson Republican Party Republican
Sen. Rebecca Perkins Kwoka Democratic Party Democratic

Proposed maps

Congressional

On Nov. 2, the House Redistricting Committee released its first set of congressional map proposals.[17] On Nov. 16, the New Hampshire House Special Committee on Redistricting voted to advance the Republican congressional map in a 8-7 vote along party lines.[18] The New Hampshire House of Representatives approved the Republican congressional map 186-164 on Jan. 5, 2022.[19] On March 17, the New Hampshire State Senate voted 13-11 to approve the map.

On the same day, Gov. Chris Sununu (R) said he planned to veto the map.[20][21] Sununu sent a congressional map proposal to legislative leadership on March 22.[22] That map can be viewed here.

On April 11, the New Hampshire Supreme Court announced it would take jurisdiction over the redistricting process if the legislature and governor were not able to draw a new congressional map.[6] The action was in response to a lawsuit filed by former New Hampshire House Speaker Terie Norelli (D) and several voters. The court named Nathaniel Persily, a Stanford Law School professor, as a special master in the case.[23]

On May 5, the New Hampshire House voted 179-159 to approve a new congressional map.[7] A revised version of the bill was approved by a 176-171 vote in the New Hampshire House and a 14-10 vote in the New Hampshire Senate on May 26, 2022.[7] On the same day, Sununu said he planned to veto the map.[24]

On May 27, the New Hampshire Supreme Court released a draft map drawn by Persily.[25] That map can be viewed here.

Democratic proposal (11/2/21)

NH Congressional Map 1.jpg

Republican proposal (11/2/21)

NH Congressional Map 2.jpg

Reactions

After the initial release of congressional map proposals, Rep. Ross Berry (R) said the Republican plan joined communities that were separated, and "put the majority of Manchester’s southern tier back together."[26] Rep. David Cote (D) said: "The proposed drastic re-drawing of Congressional districts is unprecedented and designed with the singular goal of rigging elections through partisan gerrymandering."[17] In an exchange during a redistricting committee meeting, Rep. Marjorie Smith (D) said of the Democratic plan: "Can you tell me why we don’t adopt the principle of, ‘If it ain’t broke, don’t fix it?' When we can, by moving one town, and keeping everything else basically the way it has worked well over the years with districts going back and forth in terms of outcome." Berry responded, saying: "I wanted to see the rest of the southern tier put back together. I consider that broken."[26]

Legislative

On Nov. 16, the New Hampshire House Special Committee on Redistricting voted to advance a state House map.[27] To view the map, click here.

On Jan. 5, 2022, the New Hampshire House of Representatives voted 186-168 to approve the state House map.[11] On Feb. 16, the New Hampshire State Senate voted 14-10 to approve the map.[11]

On Jan. 5, two Senate maps were introduced in the state Senate. One was sponsored by nine Republican lawmakers, and can be viewed here. The other was sponsored by twelve Democratic lawmakers, and can be viewed here. On Feb. 16, the state Senate voted 14-10 to approve the Republican-sponsored map.[12] On April 21, the House voted to approve the map 172-149.[28]

Apportionment and release of census data

Apportionment is the process by which representation in a legislative body is distributed among its constituents. The number of seats in the United States House of Representatives is fixed at 435. The United States Constitution dictates that districts be redrawn every 10 years to ensure equal populations between districts. Every ten years, upon completion of the United States census, reapportionment occurs.[29]

Apportionment following the 2020 census

The U.S. Census Bureau delivered apportionment counts on April 26, 2021. New Hampshire was apportioned two seats in the U.S. House of Representatives. This represented neither a gain nor a loss of seats as compared to apportionment after the 2010 census.[30]

See the table below for additional details.

2020 and 2010 census information for New Hampshire
State 2010 census 2020 census 2010-2020
Population U.S. House seats Population U.S. House seats Raw change in population Percentage change in population Change in U.S. House seats
New Hampshire 1,321,445 2 1,379,089 2 57,644 4.36% 0


Redistricting data from the Census Bureau

On February 12, 2021, the Census Bureau announced that it would deliver redistricting data to the states by September 30, 2021. On March 15, 2021, the Census Bureau released a statement indicating it would make redistricting data available to the states in a legacy format in mid-to-late August 2021. A legacy format presents the data in raw form, without data tables and other access tools. On May 25, 2021, Ohio Attorney General Dave Yost (R) announced that the state had reached a settlement agreement with the Census Bureau in its lawsuit over the Census Bureau's timetable for delivering redistricting data. Under the terms of the settlement, the Census Bureau agreed to deliver redistricting data, in a legacy format, by August 16, 2021.[31][32][33][34] The Census Bureau released the 2020 redistricting data in a legacy format on August 12, 2021, and in an easier-to-use format at data.census.gov on September 16, 2021.[35][36]

Court challenges

If you are aware of any relevant lawsuits that are not listed here, please email us at editor@ballotpedia.org.

Norelli v. Scanlon

On March 31, 2022, former New Hampshire Speaker of the House Terie Norelli (D) and several voters filed a lawsuit before a New Hampshire Superior Court challenging the state's old congressional map from the 2010 cycle.[37] In the lawsuit, the plaintiffs said "This is an action challenging New Hampshire’s current congressional districts, which have been rendered unconstitutionally malapportioned by a decade of population shifts. Plaintiffs ask this Court to declare New Hampshire’s current congressional districting map unconstitutional; enjoin Defendant from using the map in any future elections; and adopt a new congressional districting map that adheres to the constitutional requirement of one person, one vote in the likely event that the New Hampshire General Court and Governor Chris Sununu ultimately fail to do so."[38]

On April 11, the New Hampshire Supreme Court took up the case, setting a schedule and appointing Stanford Law Professor Nathaniel Persily as a special master in the proceedings.[6]


Background

This section includes background information on federal requirements for congressional redistricting, state legislative redistricting, state-based requirements, redistricting methods used in the 50 states, gerrymandering, and recent court decisions.

Federal requirements for congressional redistricting

According to Article I, Section 4 of the United States Constitution, the states and their legislatures have primary authority in determining the "times, places, and manner" of congressional elections. Congress may also pass laws regulating congressional elections.[39][40]

“ The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.[41] ”
—United States Constitution

Article I, Section 2 of the United States Constitution stipulates that congressional representatives be apportioned to the states on the basis of population. There are 435 seats in the United States House of Representatives. Each state is allotted a portion of these seats based on the size of its population relative to the other states. Consequently, a state may gain seats in the House if its population grows or lose seats if its population decreases, relative to populations in other states. In 1964, the United States Supreme Court ruled in Wesberry v. Sanders that the populations of House districts must be equal "as nearly as practicable."[42][43][44]

The equal population requirement for congressional districts is strict. According to All About Redistricting, "Any district with more or fewer people than the average (also known as the 'ideal' population), must be specifically justified by a consistent state policy. And even consistent policies that cause a 1 percent spread from largest to smallest district will likely be unconstitutional."[44]

Federal requirements for state legislative redistricting

The United States Constitution is silent on the issue of state legislative redistricting. In the mid-1960s, the United States Supreme Court issued a series of rulings in an effort to clarify standards for state legislative redistricting. In Reynolds v. Sims, the court ruled that "the Equal Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races." According to All About Redistricting, "it has become accepted that a [redistricting] plan will be constitutionally suspect if the largest and smallest districts [within a state or jurisdiction] are more than 10 percent apart."[44]

State-based requirements

In addition to the federal criteria noted above, individual states may impose additional requirements on redistricting. Common state-level redistricting criteria are listed below.

  1. Contiguity refers to the principle that all areas within a district should be physically adjacent. A total of 49 states require that districts of at least one state legislative chamber be contiguous (Nevada has no such requirement, imposing no requirements on redistricting beyond those enforced at the federal level). A total of 23 states require that congressional districts meet contiguity requirements.[44][45]
  2. Compactness refers to the general principle that the constituents within a district should live as near to one another as practicable. A total of 37 states impose compactness requirements on state legislative districts; 18 states impose similar requirements for congressional districts.[44][45]
  3. A community of interest is defined by FairVote as a "group of people in a geographical area, such as a specific region or neighborhood, who have common political, social or economic interests." A total of 24 states require that the maintenance of communities of interest be considered in the drawing of state legislative districts. A total of 13 states impose similar requirements for congressional districts.[44][45]
  4. A total of 42 states require that state legislative district lines be drawn to account for political boundaries (e.g., the limits of counties, cities, and towns). A total of 19 states require that similar considerations be made in the drawing of congressional districts.[44][45]

Methods

In general, a state's redistricting authority can be classified as one of the following:[46]

  1. Legislature-dominant: In a legislature-dominant state, the legislature retains the ultimate authority to draft and enact district maps. Maps enacted by the legislature may or may not be subject to gubernatorial veto. Advisory commissions may also be involved in the redistricting process, although the legislature is not bound to adopt an advisory commission's recommendations.
  2. Commission: In a commission state, an extra-legislative commission retains the ultimate authority to draft and enact district maps. A non-politician commission is one whose members cannot hold elective office. A politician commission is one whose members can hold elective office.
  3. Hybrid: In a hybrid state, the legislature shares redistricting authority with a commission.

Gerrymandering

In 1812, Massachusetts Governor Elbridge Gerry signed into law a state Senate district map that, according to the Encyclopædia Britannica, "consolidated the Federalist Party vote in a few districts and thus gave disproportionate representation to Democratic-Republicans." The word gerrymander was coined by The Boston Gazette to describe the district.
See also: Gerrymandering

The term gerrymandering refers to the practice of drawing electoral district lines to favor one political party, individual, or constituency over another. When used in a rhetorical manner by opponents of a particular district map, the term has a negative connotation but does not necessarily address the legality of a challenged map. The term can also be used in legal documents; in this context, the term describes redistricting practices that violate federal or state laws.[47][48]

For additional background information about gerrymandering, click "[Show more]" below.

Show more

The phrase racial gerrymandering refers to the practice of drawing electoral district lines to dilute the voting power of racial minority groups. Federal law prohibits racial gerrymandering and establishes that, to combat this practice and to ensure compliance with the Voting Rights Act, states and jurisdictions can create majority-minority electoral districts. A majority-minority district is one in which a racial group or groups comprise a majority of the district's populations. Racial gerrymandering and majority-minority districts are discussed in greater detail in this article.[49]

The phrase partisan gerrymandering refers to the practice of drawing electoral district maps with the intention of favoring one political party over another. In contrast with racial gerrymandering, on which the Supreme Court of the United States has issued rulings in the past affirming that such practices violate federal law, the high court had not, as of November 2017, issued a ruling establishing clear precedent on the question of partisan gerrymandering. Although the court has granted in past cases that partisan gerrymandering can violate the United States Constitution, it has never adopted a standard for identifying or measuring partisan gerrymanders. Partisan gerrymandering is described in greater detail in this article.[50][51]

Recent court decisions

See also: Redistricting cases heard by the Supreme Court of the United States

The Supreme Court of the United States has, in recent years, issued several decisions dealing with redistricting policy, including rulings relating to the consideration of race in drawing district maps, the use of total population tallies in apportionment, and the constitutionality of redistricting commissions. The rulings in these cases, which originated in a variety of states, impact redistricting processes across the nation.

For additional background information about these cases, click "[Show more]" below.

Show more

Alexander v. South Carolina State Conference of the NAACP (2024)

See also: Alexander v. South Carolina State Conference of the NAACP

Alexander v. South Carolina State Conference of the NAACP — This case concerns a challenge to the congressional redistricting plan that the South Carolina legislature enacted after the 2020 census. In January 2023, a federal three-judge panel ruled that the state's 1st Congressional District was unconstitutional and enjoined the state from conducting future elections using its district boundaries. The panel's opinion said, "The Court finds that race was the predominant factor motivating the General Assembly’s adoption of Congressional District No. 1...Defendants have made no showing that they had a compelling state interest in the use of race in the design of Congressional District No. 1 and thus cannot survive a strict scrutiny review."[52] Thomas Alexander (R)—in his capacity as South Carolina State Senate president—appealed the federal court's ruling, arguing: :In striking down an isolated portion of South Carolina Congressional District 1 as a racial gerrymander, the panel never even mentioned the presumption of the General Assembly’s “good faith.”...The result is a thinly reasoned order that presumes bad faith, erroneously equates the purported racial effect of a single line in Charleston County with racial predominance across District 1, and is riddled with “legal mistake[s]” that improperly relieved Plaintiffs of their “demanding” burden to prove that race was the “predominant consideration” in District 1.[53] The U.S. Supreme Court scheduled oral argument on this case for October 11, 2023.[54]

Moore v. Harper (2023)

See also: Moore v. Harper

At issue in Moore v. Harper, was whether state legislatures alone are empowered by the Constitution to regulate federal elections without oversight from state courts, which is known as the independent state legislature doctrine. On November 4, 2021, the North Carolina General Assembly adopted a new congressional voting map based on 2020 Census data. The legislature, at that time, was controlled by the Republican Party. In the case Harper v. Hall (2022), a group of Democratic Party-affiliated voters and nonprofit organizations challenged the map in state court, alleging that the new map was a partisan gerrymander that violated the state constitution.[55] On February 14, 2022, the North Carolina Supreme Court ruled that the state could not use the map in the 2022 elections and remanded the case to the trial court for further proceedings. The trial court adopted a new congressional map drawn by three court-appointed experts. The United States Supreme Court affirmed the North Carolina Supreme Court's original decision in Moore v. Harper that the state's congressional district map violated state law. In a 6-3 decision, Chief Justice John Roberts wrote that the "Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.[56]

Merrill v. Milligan (2023)

See also: Merrill v. Milligan

At issue in Merrill v. Milligan, was the constitutionality of Alabama's 2021 redistricting plan and whether it violated Section 2 of the Voting Rights Act. A group of Alabama voters and organizations sued Secretary of State John Merrill (R) and the House and Senate redistricting chairmen, Rep. Chris Pringle (R) and Sen. Jim McClendon (R). Plaintiffs alleged the congressional map enacted on Nov. 4, 2021, by Gov. Kay Ivey (R) unfairly distributed Black voters. The plaintiffs asked the lower court to invalidate the enacted congressional map and order a new map with instructions to include a second majority-Black district. The court ruled 5-4, affirming the lower court opinion that the plaintiffs showed a reasonable likelihood of success concerning their claim that Alabama's redistricting map violated Section 2 of the Voting Rights Act.[57]

Gill v. Whitford (2018)

See also: Gill v. Whitford

In Gill v. Whitford, decided on June 18, 2018, the Supreme Court of the United States ruled that the plaintiffs—12 Wisconsin Democrats who alleged that Wisconsin's state legislative district plan had been subject to an unconstitutional gerrymander in violation of the First and Fourteenth Amendments—had failed to demonstrate standing under Article III of the United States Constitution to bring a complaint. The court's opinion, penned by Chief Justice John Roberts, did not address the broader question of whether partisan gerrymandering claims are justiciable and remanded the case to the district court for further proceedings. Roberts was joined in the majority opinion by Associate Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, and Elena Kagan. Kagan penned a concurring opinion joined by Ginsburg, Breyer, and Sotomayor. Associate Justice Clarence Thomas penned an opinion that concurred in part with the majority opinion and in the judgment, joined by Associate Justice Neil Gorsuch.[58]

Cooper v. Harris (2017)

See also: Cooper v. Harris

In Cooper v. Harris, decided on May 22, 2017, the Supreme Court of the United States affirmed the judgment of the United States District Court for the Middle District of North Carolina, finding that two of North Carolina's congressional districts, the boundaries of which had been set following the 2010 United States Census, had been subject to an illegal racial gerrymander in violation of Section 2 of the Voting Rights Act. Justice Elena Kagan delivered the court's majority opinion, which was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas also filed a separate concurring opinion). In the court's majority opinion, Kagan described the two-part analysis utilized by the high court when plaintiffs allege racial gerrymandering as follows: "First, the plaintiff must prove that 'race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district.' ... Second, if racial considerations predominated over others, the design of the district must withstand strict scrutiny. The burden shifts to the State to prove that its race-based sorting of voters serves a 'compelling interest' and is 'narrowly tailored' to that end." In regard to the first part of the aforementioned analysis, Kagan went on to note that "a plaintiff succeeds at this stage even if the evidence reveals that a legislature elevated race to the predominant criterion in order to advance other goals, including political ones." Justice Samuel Alito delivered an opinion that concurred in part and dissented in part with the majority opinion. This opinion was joined by Chief Justice John Roberts and Justice Anthony Kennedy.[59][60][61]

Evenwel v. Abbott (2016)

See also: Evenwel v. Abbott

Evenwel v. Abbott was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts in Texas. The plaintiffs, Sue Evenwel and Edward Pfenninger, argued that district populations ought to take into account only the number of registered or eligible voters residing within those districts as opposed to total population counts, which are generally used for redistricting purposes. Total population tallies include non-voting residents, such as immigrants residing in the country without legal permission, prisoners, and children. The plaintiffs alleged that this tabulation method dilutes the voting power of citizens residing in districts that are home to smaller concentrations of non-voting residents. The court ruled 8-0 on April 4, 2016, that a state or locality can use total population counts for redistricting purposes. The majority opinion was penned by Justice Ruth Bader Ginsburg.[62][63][64][65]

Harris v. Arizona Independent Redistricting Commission (2016)

Justice Stephen Breyer penned the majority opinion in Harris v. Arizona Independent Redistricting Commission.
See also: Harris v. Arizona Independent Redistricting Commission

Harris v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts that were created by the commission in 2012. The plaintiffs, a group of Republican voters, alleged that "the commission diluted or inflated the votes of almost two million Arizona citizens when the commission intentionally and systematically overpopulated 16 Republican districts while under-populating 11 Democrat districts." This, the plaintiffs argued, constituted a partisan gerrymander. The plaintiffs claimed that the commission placed a disproportionately large number of non-minority voters in districts dominated by Republicans; meanwhile, the commission allegedly placed many minority voters in smaller districts that tended to vote Democratic. As a result, the plaintiffs argued, more voters overall were placed in districts favoring Republicans than in those favoring Democrats, thereby diluting the votes of citizens in the Republican-dominated districts. The defendants countered that the population deviations resulted from legally defensible efforts to comply with the Voting Rights Act and obtain approval from the United States Department of Justice. At the time of redistricting, certain states were required to obtain preclearance from the U.S. Department of Justice before adopting redistricting plans or making other changes to their election laws—a requirement struck down by the United States Supreme Court in Shelby County v. Holder (2013). On April 20, 2016, the court ruled unanimously that the plaintiffs had failed to prove that a partisan gerrymander had taken place. Instead, the court found that the commission had acted in good faith to comply with the Voting Rights Act. The court's majority opinion was penned by Justice Stephen Breyer.[66][67][68]

Arizona State Legislature v. Arizona Independent Redistricting Commission (2015)

See also: Arizona State Legislature v. Arizona Independent Redistricting Commission
Arizona State Legislature v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2015. At issue was the constitutionality of the Arizona Independent Redistricting Commission, which was established by state constitutional amendment in 2000. According to Article I, Section 4 of the United States Constitution, "the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof." The state legislature argued that the use of the word "legislature" in this context is literal; therefore, only a state legislature may draw congressional district lines. Meanwhile, the commission contended that the word "legislature" ought to be interpreted to mean "the legislative powers of the state," including voter initiatives and referenda. On June 29, 2015, the court ruled 5-4 in favor of the Arizona Independent Redistricting Commission, finding that "redistricting is a legislative function, to be performed in accordance with the state's prescriptions for lawmaking, which may include the referendum and the governor's veto." The majority opinion was penned by Justice Ruth Bader Ginsburg and joined by Justices Anthony Kennedy, Stephen Breyer, Elena Kagan, and Sonia Sotomayor. Chief Justice John Roberts and Justices Clarence Thomas, Antonin Scalia, and Samuel Alito dissented.[69][70][71][72]

Trifectas and redistricting

In 34 of the states that conducted legislative elections in 2020, the legislatures themselves played a significant part in the subsequent redistricting process. The winner of eight of 2020's gubernatorial elections had veto authority over state legislative or congressional district plans approved by legislatures. The party that won trifecta control of a state in which redistricting authority rests with the legislature directed the process that produces the maps that will be used for the remainder of the decade. Trifecta shifts in the 2010 election cycle illustrate this point. In 2010, 12 states in which legislatures had authority over redistricting saw shifts in trifecta status. Prior to the 2010 elections, seven of these states were Democratic trifectas; the rest were divided governments. After the 2010 elections, seven of these states became Republican trifectas; the remainder either remained or became divided governments. The table below details these shifts and charts trifecta status heading into the 2020 election cycle.

The 12 legislature-redistricting states that saw trifecta shifts in 2010 – subsequent trifecta status
State Primary redistricting authority Pre-2010 trifecta status Post-2010 trifecta status Post-2018 trifecta status
Alabama Legislature Divided Republican Republican
Colorado Congressional maps: legislature
State legislative maps: politician commission		 Democratic Divided Democratic
Indiana Legislature Divided Republican Republican
Iowa Legislature Democratic Divided Republican
Maine Legislature Democratic Republican Democratic
Michigan Legislature Divided Republican Divided
New Hampshire Legislature Democratic Divided Divided
North Carolina Legislature Democratic Divided Divided
Ohio Congressional maps: legislature
State legislative maps: politician commission		 Divided Republican Republican
Oregon Legislature Democratic Divided Democratic
Pennsylvania Congressional maps: legislature
State legislative maps: politician commission		 Divided Republican Divided
Wisconsin Legislature Democratic Republican Divided

2010 redistricting cycle

Redistricting in New Hampshire after the 2010 census

Congressional redistricting, 2010

Following the 2010 United States Census, New Hampshire neither gained nor lost congressional seats. At the time of redistricting, Republicans controlled both chambers of the state legislature, but a Democrat held the governorship. On April 11, 2012, the state legislature approved a congressional redistricting plan, which was signed into law by the governor on April 23, 2012.[13][73]

State legislative redistricting, 2010

On March 7, 2012, the state legislature approved new state legislative district boundaries. On March 23, 2012, the governor signed the new state Senate lines into law, but vetoed the new state House boundaries. On March 28, 2012, the legislature overrode the governor's veto. A series of legal challenges to the new boundaries were ultimately dismissed by state courts.[13]

See also

External links

Footnotes

  1. ↑ Bloomberg Government, "New Hampshire Supreme Court Adopts Status Quo Congressional Map," May 31, 2022
  2. ↑ Bloomberg Government, "New Hampshire Supreme Court Adopts Status Quo Congressional Map," May 31, 2022
  3. ↑ WMUR, "New Hampshire House passes redrawn congressional map derided by Democrats as gerrymandered," January 5, 2022
  4. ↑ WCAX, "Sununu says he’ll veto GOP-backed redistricting plan," March 17, 2022
  5. ↑ New Hampshire General Court, "HB52," accessed March 22, 2022
  6. ↑ 6.0 6.1 6.2 InDepthNH, "N.H. Supreme Court Takes Over Congressional Redistricting Case," April 11, 2022
  7. ↑ 7.0 7.1 7.2 New Hampshire General Court, "SB200," accessed May 9, 2022
  8. ↑ NHPR, "Sununu rejects latest congressional map from GOP lawmakers, leaving N.H.'s districts up to the courts," May 26, 2022
  9. ↑ Political predecessor districts are determined primarily based on incumbents and where each chose to seek re-election.
  10. ↑ Daily Kos Elections, "Daily Kos Elections 2020 presidential results by congressional district (old CDs vs. new CDs)," accessed May 12, 2022
  11. ↑ 11.0 11.1 11.2 11.3 11.4 New Hampshire General Court, "HB50," accessed February 16, 2022
  12. ↑ 12.0 12.1 New Hampshire General Court, "SB240," accessed February 16, 2022
  13. ↑ 13.0 13.1 13.2 13.3 All About Redistricting, "New Hampshire," accessed May 5, 2015
  14. ↑ The New Hampshire Union Leader, "Senate redistricting delayed until early 2022," October 26, 2021
  15. ↑ WMUR 9, "NH Primary Source: Speaker Packard names 15-member NH House Redistricting Committee," February 18, 2021
  16. ↑ New Hampshire State Senate, "SENATE SPECIAL COMMITTEE ON REDISTRICTING," accessed November 4, 2021
  17. ↑ 17.0 17.1 InDepth NH, "NH Congressional District Redistricting Plans Released," November 4, 2021
  18. ↑ WMUR, "NH House redistricting committee approves GOP congressional districts plan on 8-7 party line vote," November 17, 2021
  19. ↑ WMUR, "New Hampshire House passes redrawn congressional map derided by Democrats as gerrymandered," January 5, 2022
  20. ↑ WCAX, "Sununu says he’ll veto GOP-backed redistricting plan," March 17, 2022
  21. ↑ New Hampshire General Court, "HB52," accessed March 22, 2022
  22. ↑ New Hampshire Office of the Governor, "Letter," March 22, 2022
  23. ↑ NHPR, "N.H. Supreme Court names special master, sets dates in redistricting suit," April 11, 2022
  24. ↑ NHPR, "Sununu rejects latest congressional map from GOP lawmakers, leaving N.H.'s districts up to the courts," May 26, 2022
  25. ↑ U.S. News & World Report, "NH Court Releases Redistricting Map That Moves 5 Towns," May 27, 2022
  26. ↑ 26.0 26.1 WMUR, "Redistricting committee Democrats, Republicans debate proposed congressional district maps," November 4, 2021
  27. ↑ WMUR, "NH House redistricting committee approves GOP congressional districts plan on 8-7 party line vote," November 17, 2021
  28. ↑ The Telegraph, "New Hampshire House OKs redistricting maps," April 23, 2022
  29. ↑ United States Census Bureau, "Apportionment," accessed July 11, 2018
  30. ↑ United States Census Bureau, "2020 Census Apportionment Results Delivered to the President," April 26, 2021
  31. ↑ United States Census Bureau, "2020 Census Operational Plan: Executive Summary," December 2015
  32. ↑ United States Census Bureau, "Census Bureau Statement on Redistricting Data Timeline," February 12, 2021
  33. ↑ Office of the Attorney General of Ohio, "AG Yost Secures Victory for Ohioans in Settlement with Census Bureau Data Lawsuit," May 25, 2021
  34. ↑ U.S. Census Bureau, "U.S. Census Bureau Statement on Release of Legacy Format Summary Redistricting Data File," March 15, 2021
  35. ↑ U.S. Census Bureau, "Decennial Census P.L. 94-171 Redistricting Data," accessed August 12, 2021
  36. ↑ United States Census Bureau, "Census Bureau Delivers 2020 Census Redistricting Data in Easier-to-Use Format," September 16, 2021
  37. ↑ The American Redistricting Project, "Norelli v. Scanlon," April 11, 2022
  38. ↑ The American Redistricting Project, "Norelli v. Scanlon," accessed April 12, 2022
  39. ↑ The Heritage Guide to the Constitution, "Election Regulations," accessed April 13, 2015
  40. ↑ Brookings, "Redistricting and the United States Constitution," March 22, 2011
  41. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  42. ↑ Brennan Center for Justice, "A Citizen's Guide to Redistricting," accessed March 25, 2015
  43. ↑ The Constitution of the United States of America, "Article 1, Section 2," accessed March 25, 2015
  44. ↑ 44.0 44.1 44.2 44.3 44.4 44.5 44.6 All About Redistricting, "Where are the lines drawn?" accessed April 9, 2015
  45. ↑ 45.0 45.1 45.2 45.3 FairVote, "Redistricting Glossary," accessed April 9, 2015
  46. ↑ All About Redistricting, "Who draws the lines?" accessed June 19, 2017
  47. ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
  48. ↑ Encyclopædia Britannica, "Gerrymandering," November 4, 2014
  49. ↑ Congressional Research Service, "Congressional Redistricting and the Voting Rights Act: A Legal Overview," April 13, 2015
  50. ↑ The Wall Street Journal, "Supreme Court to Consider Limits on Partisan Drawing of Election Maps," June 19, 2017
  51. ↑ The Washington Post, "Supreme Court to hear potentially landmark case on partisan gerrymandering," June 19, 2017
  52. ↑ United States District Court for the District of South Carolina, Columbia Division, "South Carolina State Conference of the NAACP, et al. v. Alexander," January 6, 2023
  53. ↑ Supreme Court of the United States, "Alexander, et al. v. The South Carolina State Conference of the NAACP, et al.," February 17, 2023
  54. ↑ SCOTUSblog, "Alexander v. South Carolina State Conference of the NAACP," accessed July 21, 2023
  55. ↑ SCOTUSblog, "Justices will hear case that tests power of state legislatures to set rules for federal elections," June 30, 2022
  56. ↑ U.S. Supreme Court, “Moore, in his Official Capacity as Speaker of The North Carolina House of Representatives, et al. v. Harper et al.," "Certiorari to the Supreme Court of North Carolina,” accessed June 16, 2023
  57. ↑ SCOTUSblog.org, "Supreme Court upholds Section 2 of Voting Rights Act," June 8, 2023
  58. ↑ Supreme Court of the United States, "Gill v. Whitford: Decision," June 18, 2018
  59. ↑ Election Law Blog, "Breaking: SCOTUS to Hear NC Racial Gerrymandering Case," accessed June 27, 2016
  60. ↑ Ballot Access News, "U.S. Supreme Court Accepts Another Racial Gerrymandering Case," accessed June 28, 2016
  61. ↑ Supreme Court of the United States, "Cooper v. Harris: Decision," May 22, 2017
  62. ↑ The Washington Post, "Supreme Court to hear challenge to Texas redistricting plan," May 26, 2015
  63. ↑ The New York Times, "Supreme Court Agrees to Settle Meaning of ‘One Person One Vote,'" May 26, 2015
  64. ↑ SCOTUSblog, "Evenwel v. Abbott," accessed May 27, 2015
  65. ↑ Associated Press, "Supreme Court to hear Texas Senate districts case," May 26, 2015
  66. ↑ SCOTUSblog, "The new look at 'one person, one vote,' made simple," July 27, 2015
  67. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission: Brief for Appellants," accessed December 14, 2015
  68. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission," April 20, 2016
  69. ↑ The New York Times, "Court Skeptical of Arizona Plan for Less-Partisan Congressional Redistricting," March 2, 2015
  70. ↑ The Atlantic, "Will the Supreme Court Let Arizona Fight Gerrymandering?" September 15, 2014
  71. ↑ United States Supreme Court, "Arizona State Legislature v. Arizona Independent Redistricting Commission: Opinion of the Court," June 29, 2015
  72. ↑ The New York Times, "Supreme Court Upholds Creation of Arizona Redistricting Commission," June 29, 2015
  73. ↑ Barone, M. & McCutcheon, C. (2013). The almanac of American politics 2014 : the senators, the representatives and the governors : their records and election results, their states and districts. Chicago, IL: University of Chicago Press.
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