HCO 0001

AN ORDER relative to implementing an election pursuant to representative districts established in the order.

SPONSORS: Rep. Balboni, Hills 27; Rep. Mirski, Graf 12; Rep. Alger, Graf 9; Rep. Itse, Rock 11; Rep. Giuda, Graf 3; Rep. Winter, Merr 2

COMMITTEE:

AN ORDER relative to implementing an election pursuant to representative districts established in the order.

Whereas, under Part I, Article 1 of the New Hampshire Constitution, "all government of right originates from the people, is founded in consent, and instituted for the general good"; and

Whereas, under Part I, Article 37 of the New Hampshire Constitution, "the government of this state is composed of 3 essential powers, the legislative, executive, and judicial, and ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit"; and

Whereas, under Part II, Articles 9 and 11-a of the New Hampshire Constitution, "the legislature shall make an apportionment of representatives according to the last general census" and "in making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered" unless "such town, ward or place, by referendum requests such division"; and

Whereas, "the house of representatives ... shall be judge of the returns, elections, and qualifications, of its members" as directed in Part II, Article 22 of the New Hampshire Constitution; and

Whereas, the New Hampshire Constitution in Part II, Article 9 dictates that only the general court has the constitutional authority to apportion and district, accordingly, separation of powers, as stated in Part I, Article 37, prevents the judicial or the executive from encroaching on that authority and, therefore, the right of the people to local representation; and

Whereas, under Part II, Article 5 of the New Hampshire Constitution, "full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof ..."; now, therefore, be it

That in order to insure the right of the people and communities of interest to elect representatives who reflect their interests, hereby and for the reasons aforesaid, order the secretary of state to implement an election of representatives according to the representative districts established in this order, and in a manner not affecting constituencies or terms of office of representatives presently in office; and

That the secretary of state shall implement an election of representatives according to the following representative districts:

The plan proposed herein reflects a number of technical corrections to fix unintended errors in SB 336 as passed, as follows: Carroll County: Ossipee seat deleted; Cheshire County: One seat added to the District 9 floterial so that the total county seats are 24; Hillsborough County: Changed the numbering of Districts 2 and 3 so that the floterial is listed last; Merrimack County: Deleted a New London seat; deleted floterial label from Danbury, Wilmot, New London district because it is now one district with 2 seats; New District 13 is not Northfield and Canterbury because Canterbury had previously been an "orphan town" (a town represented only in a floterial district); Rockingham County: Danville population corrected to 4023 and county total corrected; Strafford County: District 26 is Lee and Madbury to make the District 28 floterial correct; total county seats should be 36.