American Democracy Minute | Radio Report & Podcast on Democracy Issues

The American Democracy Minute Radio Report & Podcast for Dec. 4, 2023

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

New Hampshire Supreme Court Won’t Hear Future Gerrymandering Cases, Abandoning Fair Representation for State’s Voters

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Saying the state constitution doesn’t specifically prohibit partisan gerrymandering, the New Hampshire Supreme Court ruled November 29th that state courts have no jurisdiction and would not hear future gerrymandering cases.

The stunning 3-2 decision gives New Hampshire voters and pro-voter groups no recourse in the courts unless the state constitution is amended. The constitution assigns redistricting to the legislature, but having gerrymandered safe seats, partisan legislators are unlikely to kill the golden goose.

There were more Democratic voters than Republican in the state’s 2020 Presidential election and 2022 state senate and executive council races. Yet further gerrymander 2021 maps yielded a 14-10 Republican state senate majority, and a 4-1 advantage in the Executive Council.

State voters sued, arguing that gerrymandering violates the state constitution’s Part I, Article 11, that “All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election.” But the majority of justices said that because the constitution doesn’t explicitly forbid gerrymandering, they can’t rule on it.

Options for fair representation are now limited. With no citizen ballot initiative option, the legislature would have to pass a constitutional amendment to prohibit partisan gerrymandering with 60% support, then by two-thirds of voters. Granite state voters may be living with unfair maps for years to come.

We have more at AmericanDemocracyMinute.org. I’m Brian Beihl.

Today’s Links

Articles & Resources:
InDepthNH – State Supreme Court Upholds Dismissal of Gerrymandering Suit
Democracy Docket – New Hampshire Supreme Court Shuts The Door On Partisan Gerrymandering Claims

NH Supreme Court – Decision in Miles Brown v. Secretary of State
NHPR – In split ruling, NH Supreme Court says it can’t review partisan gerrymandering claims
NH Union Leader/Yahoo News – High court upholds redistricting plans