State Summary
New Hampshire’s congressional and state legislative lines are drawn by the legislature, as a regular statute, subject to gubernatorial veto.
In the 2020 cycle, the state legislature passed a congressional plan (HB 52) on Mar. 17, 2022, and anticipating a veto, passed another (SB 200) on May 26, 2022; the governor vetoed both on May 27, 2022. When the legislature failed to draw congressional lines, the state supreme court adopted a congressional map, on May 31, 2022. The state legislature passed a state Senate plan (SB 240) on Apr. 21, 2022, which the governor signed on May 6, 2022; the legislature passed a state House plan (HB 50) on Mar. 12, 2022, which the governor signed on Mar. 23, 2022.
In the 2010 cycle, the state legislature passed a congressional plan (SB 202) on Apr. 11, 2012, which was signed on Apr. 23, 2012, and precleared on Aug. 14, 2012. The legislature passed a state Senate plan (SB 201) on Mar. 7, 2012, which was signed on Mar. 23, 2012. The legislature also passed a state House plan (HB 592) on Mar. 7, 2012; the bill was vetoed on Mar. 23, 2012, but the veto was overridden on Mar. 28, 2012. Both plans were precleared on June 1, 2012.
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Key Info for 2010 Cycle
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Primary governing law
Key Info for 2020 Cycle
Primary governing law
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Institution
New Hampshire’s congressional and state legislative lines are drawn by the legislature, as a regular statute, subject to gubernatorial veto.
Timing
New Hampshire state law does not impose a particular deadline for drawing congressional lines. Candidates must file for congressional primary elections by June 10, 2022. [N.H. Rev. Stat. Ann. § 655: 14]
The New Hampshire constitution requires state legislative lines to be drawn at the regular legislative session in 2021; that session began on Jan. 6, 2021, and is scheduled to end on June 28, 2021. [N.H. Const. pt. 2, arts. 11, 26] Candidates must file for state legislative primary elections by June 10, 2022. [N.H. Rev. Stat. Ann. § 655: 14]
New Hampshire law prohibits redrawing state legislative lines mid-decade, before the next Census, unless the legislature is supplanting a plan drawn by a court; there is no similar provision pertaining to congressional lines. [N.H. Const. pt. 2, arts. 9, 11; In re Below, 855 A.2d 459 (N.H. 2004)]
Criteria
Like all states, New Hampshire must comply with constitutional equal population requirements; the state constitution also asks that state Senate districts be “as nearly equal as may be in population.” [N.H. Const. pt. 2, art. 26]
New Hampshire must also, like all states, abide by the Voting Rights Act and constitutional rules on race.
New Hampshire law further requires that state legislative districts be contiguous, and maintain the boundaries of towns, wards, or unincorporated places. For state representative districts, towns or wards near the average population for one or more seats are to constitute whole districts; additional population may be combined in overlapping, or floterial, districts. New Hampshire towns may determine for themselves whether they wish to split a multi-member district into multiple single-member districts. [N.H. Const. pt. 2, arts. 11, 11-a, 26; N.H. Rev. Stat. ch. 662-A; Below v. Gardner, 963 A.2d 785 (N.H. 2002); Burling v. Chandler, 804 A.2d 471 (N.H. 2002)]
2020 cycle
The state legislature passed a congressional plan (HB 52) on Mar. 17, 2022, and anticipating a veto, passed another (SB 200) on May 26, 2022; the governor vetoed both on May 27, 2022. When the legislature failed to draw congressional lines, the state supreme court found the existing congressional districts malapportioned, and adopted a congressional map following a “least change” approach. [Norelli v. Scanlan, 292 A.3d 458 (N.H. 2022); Norelli v. Scanlan, No. 2022-0184, 2022 WL 1747769 (N.H. S. Ct. May 31, 2022)]
The state legislature passed a state Senate plan (SB 240) on Apr. 21, 2022, which the governor signed on May 6, 2022; the legislature passed a state House plan (HB 50) on Mar. 12, 2022, which the governor signed on Mar. 23, 2022. Both plans were challenged in state court, but both challenges were rejected. [Brown v. Scanlan, 313 A.3d 760 (N.H. 2023); City of Dover v. Scanlan, No. 2024-0259, 2025 WL 1576191 (N.H. June 4, 2025)]
2010 cycle
Until Mar. 1, 2013, ten New Hampshire towns were subject to preclearance under the federal Voting Rights Act. [New Hampshire v. Holder, No. 1:12-cv-01854 (D.D.C. Mar. 1, 2013)]
The New Hampshire legislature passed a congressional plan (SB 202) on Apr. 11, 2012, which was signed on Apr. 23, 2012, and precleared on Aug. 14, 2012.
The legislature passed a state Senate plan (SB 201) on Mar. 7, 2012, which was signed on Mar. 23, 2012. The legislature passed a state House plan (HB 592) on Mar. 7, 2012; the bill was vetoed on Mar. 23, 2012, but the veto was overridden on Mar. 28, 2012. Both plans were precleared on June 1, 2012.
The state House plan was challenged in state court, and upheld. [City of Manchester v. Sec’y of State, 48 A.3d 864 (N.H. 2012)]
2000 cycle
In the 2000 cycle, ten New Hampshire towns were subject to preclearance under the federal Voting Rights Act.
The New Hampshire legislature passed a congressional plan (SB 3) on Mar. 21, 2002, which was signed on Apr. 8, 2002, and precleared on June 10, 2002.
The legislature also passed a state Senate plan (SB 1) and state House plan (HB 420) on Mar. 21, 2002, but those plans were vetoed by the Governor on Mar. 29, 2002, and Apr. 3, 2002, respectively. When the legislature did not pass another plan, the state Supreme Court was asked to draw plans, which it did for the state Senate on June 24, 2002 (amended on July 11, 2002), and for the state House on July 26, 2002. Both plans were precleared on September 5, 2002. [Below v. Gardner, 963 A.2d 785 (N.H. 2002); Burling v. Chandler, 804 A.2d 471 (N.H. 2002)]
The legislature redrew some of the state Senate lines (HB 264) on May 28, 2004, and some of the state Representative lines (HB 1292) on Apr. 5, 2004. Neither modification affected the towns covered under section 5 of the Voting Rights Act, and so neither modification was sent for preclearance.
The state legislative plan was challenged in state court, and upheld. [In re Below, 855 A.2d 459 (N.H. 2004); Town of Canaan v. Sec’y of State, 959 A.2d 172 (N.H. 2008)]
Redistricting Cases in New Hampshire
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State court rejected challenge to state House map: alleged malapportionment, improper town/ward boundaries
State supreme court rejected challenge to state Senate maps: alleged partisan gerrymander
State court drew congressional maps after legislative failure to draw new districts