2002 SESSION

02-3202

05/01

SENATE RESOLUTION 1

ANALYSIS

This resolution urges the passage of legislation to correct an error in the redistricting plan contained in the supreme court's June 24, 2002 order.

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02-3202

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Whereas, the United States Supreme Court has interpreted the United States Constitution to require state legislative districting to be based on the principle of one person - one vote; and

Whereas, the New Hampshire constitution requires state senate districts to be drawn "as nearly equal as may be"; and

Whereas, the New Hampshire supreme court has recently given particular emphasis to the idea that "unlike legislatures, courts engaged in redistricting primarily view the task through the lens of the one person/one vote principle and all other considerations are given less weight"; and

Whereas, the New Hampshire senate refuses to permit elections to go forward in which any citizen is disenfranchised; and

Whereas, the United States Supreme Court has interpreted the Constitution to state that any state redistricting plan containing a population deviation below 10 percent is considered prima facie constitutional; and

Whereas, the United States Supreme Court has further interpreted the Constitution to state that any state redistricting plan with a population deviation exceeding 10 percent is prima facie invalid, and must be explained by the existence of historical state factors supporting that deviation; and

Whereas, the New Hampshire senate is aware of no longstanding state policy that requires the population deviation for senate districts to exceed 10 percent; and

Whereas, the cities of Manchester and Nashua, by vote of their citizenry, amended their city charters to change city ward lines following the 2000 decennial census; and

Whereas, the court issued a judicial redistricting plan that used expired city ward lines in Manchester and Nashua; and

Whereas, an election carried forward based on the court's plan would result in one of 2 unsatisfactory events occurring, either: (1) elections occurring pursuant to the court's plan will result in voter confusion and disenfranchisement due to the use of non-existent city ward lines; or (2) elections occurring pursuant to the court's plan will be conducted with an unconstitutional population deviation of 13.5 percent; and

Whereas, immediate action is required to correct these problems to ensure that the state senate primary be conducted in the ordinary manner and on September 10, 2002, as currently scheduled; now, therefore, be it

Resolved by the Senate:

That the New Hampshire senate urges the legislature to exercise its authority and ensure that a constitutional election in which no voter is disenfranchised and the principle of one person - one vote is upheld by passing legislation correcting an error contained in the court ordered redistricting plan immediately.