Independent Redistricting
An issue of great importance to New Hampshire Democrats is the need for independent redistricting to prevent gerrymandered voting districts.
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Need for an Independent Redistricting Commission
HB 1665-Establishing an independent redistricting commission (House Bill #1665) Tuesday, January 28, 2020
Chairman Cote and members of the committee:
Having presented to this body last year in support of HB 706, I speak today in support of another in a long-line of attempts to create an advisory commission whose function would be to work on behalf of legislators’ constituents, instead of on behalf of legislators or their parties. I remind members that public opinion is sharply on the side of fairness, even if it means their preferred political party will win fewer seats.
For those who believe gerrymandering does not exist in New Hampshire:
I have opined many times that House District #3 is a gerrymandered district. It now consists of the towns of Strafford and New Durham. Before 2012, it consisted of Milton, Middleton, Farmington, New Durham, Barrington and Strafford, a much larger pool of voters, thus a more competitive district.
Strafford and New Durham meet at a point on a rock in the middle of the woods. We share no more common boundary than that point on that rock, perhaps not even a technical qualifier of the requirement that towns be contiguous.
There are only 2 ways to get from Strafford to New Durham: Drive through Barnstead to Alton to New Durham. Secondly, from Strafford, to Barrington, to Rochester, to Farmington, to New Durham. Although Strafford exceeded the requisite 3291 population, entitling it under the 2006 amendment to the NH Constitution to receive its own state representative, it did not.
Governor Lynch’s veto message specifically cited Strafford,among many other municipalities, as being denied its own state representative under the redistricting bill; instead, receiving floterial status with New Durham. Under federal constitutional law, and the one-person, one-vote requirement, I also point to the substantial difference in population between Strafford and New Durham, 3991 versus 2638.
Clearly, Governor Lynch, those dozens of municipalities not receiving their own state representative, and myself all disagree with the NH Supreme Court’s decision that the redistricting map met its standard of review. I point out, however, that in its ruling, the court noted that redistricting plans are presumed constitutional, until found otherwise on “inescapable grounds,” which should provide guidance to whichever party becomes the majority in 2020.
The importance of passing an anti-gerrymandering bill can be measured by the multiple ways districts can be gerrymandered:
1) Cracking: dispersing a group of voters into several districts to prevent them from reaching a majority;
2) Packing: combining as many like-minded voters into one district as possible to prevent them from affecting elections in other districts.Executive Council District #2 is a sprawling, heavily Democratic district created by packing.
3) Stacking: creating maps that concentrate low-income, less educated minorities together to create a perceived voting majority, but are placed in the same district as high-income, more educated white voters who turn out in greater numbers;
4) Software: What was once high-powered software, like Red Map, will be replaced in 2021 with improved versions capable of producing gerrymandered maps with even greater success. However, the same software can also be used to produce fair maps; which will it be?
Finally – last year, the Supreme Court of the United States, in its absurd opinion, concluded that “ … partisan gerrymandering claims present political questions beyond the reach of the federal courts,” and that asking the top court to block gerrymandered districts effectively sought “an unprecedented expansion of judicial power.” Thus, creation of fair maps is left to the states.
To my disappointment, while researching New Hampshire’s history of attempts to create independent redistricting commissions, I learned that both Republicans and Democrats have resisted. But circumstances have changed. We now have a common enemy of democracy – foreign intervention in our election systems, and foreign money entering our campaigns. Together, we must rise to this ominous challenge. We must pool our resources in defense of our Republic, with more zeal than Russia, Iran, North Korea and China are pooling their resources to take down our Republic. Creating fair maps is among the tools we have at our disposal to engage voters.
Bob Perry, Strafford, NH
Chairman Cote and members of the committee:
Having presented to this body last year in support of HB 706, I speak today in support of another in a long-line of attempts to create an advisory commission whose function would be to work on behalf of legislators’ constituents, instead of on behalf of legislators or their parties. I remind members that public opinion is sharply on the side of fairness, even if it means their preferred political party will win fewer seats.
For those who believe gerrymandering does not exist in New Hampshire:
I have opined many times that House District #3 is a gerrymandered district. It now consists of the towns of Strafford and New Durham. Before 2012, it consisted of Milton, Middleton, Farmington, New Durham, Barrington and Strafford, a much larger pool of voters, thus a more competitive district.
Strafford and New Durham meet at a point on a rock in the middle of the woods. We share no more common boundary than that point on that rock, perhaps not even a technical qualifier of the requirement that towns be contiguous.
There are only 2 ways to get from Strafford to New Durham: Drive through Barnstead to Alton to New Durham. Secondly, from Strafford, to Barrington, to Rochester, to Farmington, to New Durham. Although Strafford exceeded the requisite 3291 population, entitling it under the 2006 amendment to the NH Constitution to receive its own state representative, it did not.
Governor Lynch’s veto message specifically cited Strafford,among many other municipalities, as being denied its own state representative under the redistricting bill; instead, receiving floterial status with New Durham. Under federal constitutional law, and the one-person, one-vote requirement, I also point to the substantial difference in population between Strafford and New Durham, 3991 versus 2638.
Clearly, Governor Lynch, those dozens of municipalities not receiving their own state representative, and myself all disagree with the NH Supreme Court’s decision that the redistricting map met its standard of review. I point out, however, that in its ruling, the court noted that redistricting plans are presumed constitutional, until found otherwise on “inescapable grounds,” which should provide guidance to whichever party becomes the majority in 2020.
The importance of passing an anti-gerrymandering bill can be measured by the multiple ways districts can be gerrymandered:
1) Cracking: dispersing a group of voters into several districts to prevent them from reaching a majority;
2) Packing: combining as many like-minded voters into one district as possible to prevent them from affecting elections in other districts.Executive Council District #2 is a sprawling, heavily Democratic district created by packing.
3) Stacking: creating maps that concentrate low-income, less educated minorities together to create a perceived voting majority, but are placed in the same district as high-income, more educated white voters who turn out in greater numbers;
4) Software: What was once high-powered software, like Red Map, will be replaced in 2021 with improved versions capable of producing gerrymandered maps with even greater success. However, the same software can also be used to produce fair maps; which will it be?
Finally – last year, the Supreme Court of the United States, in its absurd opinion, concluded that “ … partisan gerrymandering claims present political questions beyond the reach of the federal courts,” and that asking the top court to block gerrymandered districts effectively sought “an unprecedented expansion of judicial power.” Thus, creation of fair maps is left to the states.
To my disappointment, while researching New Hampshire’s history of attempts to create independent redistricting commissions, I learned that both Republicans and Democrats have resisted. But circumstances have changed. We now have a common enemy of democracy – foreign intervention in our election systems, and foreign money entering our campaigns. Together, we must rise to this ominous challenge. We must pool our resources in defense of our Republic, with more zeal than Russia, Iran, North Korea and China are pooling their resources to take down our Republic. Creating fair maps is among the tools we have at our disposal to engage voters.
Bob Perry, Strafford, NH
Governor Sununu vetoes HB 706 which would establish a committee on re-districting
Gerrymandering is a term used to describe the intentional creation of voting districts by one political party that puts the other political party – and voters - to a disadvantage for the ensuing ten years. To prevent this abuse of power by the majority party, a coalition of activists pushed vigorously, both publicly and in the legislature, to support House Bill 706, which would create an independent redistricting commission advisory to the legislature. Even with overwhelming public support for a system of redistricting that discourages partisan gerrymandering Governor Sununu vetoed the bill on August 9, 2019.
Statement on Governor Chris Sununu's Veto of the HB 706 Independent Redistricting Commission Bill from Olivia Zink, Executive Director of Open Democracy and Open Democracy Action:
"On behalf of the overwhelming majority of Republican, Democratic, Independent and third party voters in New Hampshire, we express our profound disappointment in Governor Chris Sununu's veto of the HB 706 independent redistricting commission bill. The Governor has now vetoed bills on redistricting, voting rights, disclosing Dark Money LLC donors, and the registration of disclosure of political groups spending money -- all tools political parties use to game the system and stay in power.
We are proud that NH legislators of all parties listened to their constituents and heard that that New Hampshire voters want more fairness not less. New Hampshire voters want more transparency, not less. In response, legislators created a compromise bipartisan bill to serve the people of New Hampshire. The way the system is supposed to work. In his HB 706 veto message, the Governor claimed, "We should all be proud that issues of gerrymandering are extremely rare in New Hampshire. Our current redistricting process is fair and representative of the people of our State." Clearly, Governor Sununu has not looked at the 2010 voting district maps created -- in secret and by an unknown method -- and which were so devisive, they ended up in the NH Supreme Court.
In polls by the Brennan Center and Campaign Law Center, 65% of voters condemn gerrymandering as unfair, and the over 60% favor a nonpartisan redistricting commission to fix it. New Hampshire would have been the 22nd state to have some type of nonpartisan or independent redistricting commission, so such a bill is not an untested proposition.
In its recent decision not to hear partisan gerrymandering cases, the U.S. Supreme Court suggested that state legislation is one of the paths to address this problem. Governor Sununu himself said, in vetoing HB 504, another bill addressing redistricting at the federal level, "Additionally, redistricting is a state issue, and one that New Hampshire acts on responsibly and with great seriousness." The New Hampshire legislature did exactly that, creating a truly bipartisan bill with the knowledge of the Governor's office to address gerrymandering. Now, with his veto of HB 706, the Governor has thrown his legislature, fairness, and New Hampshire voters under the bus.
Fair voting districts bring integrity to our system of government. Fair voting districts restore trust in our government -- trust that has been lost in the last decade by such partisan tactics. Governor Sununu had a chance to restore that trust, but turned his back on the voters and chose partisan politics instead.
Should he have a change of heart, legislators, voters, and Democracy reform groups will be standing by to help him bring fairness back to New Hampshire's voting districts."
Statement on Governor Chris Sununu's Veto of the HB 706 Independent Redistricting Commission Bill from Olivia Zink, Executive Director of Open Democracy and Open Democracy Action:
"On behalf of the overwhelming majority of Republican, Democratic, Independent and third party voters in New Hampshire, we express our profound disappointment in Governor Chris Sununu's veto of the HB 706 independent redistricting commission bill. The Governor has now vetoed bills on redistricting, voting rights, disclosing Dark Money LLC donors, and the registration of disclosure of political groups spending money -- all tools political parties use to game the system and stay in power.
We are proud that NH legislators of all parties listened to their constituents and heard that that New Hampshire voters want more fairness not less. New Hampshire voters want more transparency, not less. In response, legislators created a compromise bipartisan bill to serve the people of New Hampshire. The way the system is supposed to work. In his HB 706 veto message, the Governor claimed, "We should all be proud that issues of gerrymandering are extremely rare in New Hampshire. Our current redistricting process is fair and representative of the people of our State." Clearly, Governor Sununu has not looked at the 2010 voting district maps created -- in secret and by an unknown method -- and which were so devisive, they ended up in the NH Supreme Court.
In polls by the Brennan Center and Campaign Law Center, 65% of voters condemn gerrymandering as unfair, and the over 60% favor a nonpartisan redistricting commission to fix it. New Hampshire would have been the 22nd state to have some type of nonpartisan or independent redistricting commission, so such a bill is not an untested proposition.
In its recent decision not to hear partisan gerrymandering cases, the U.S. Supreme Court suggested that state legislation is one of the paths to address this problem. Governor Sununu himself said, in vetoing HB 504, another bill addressing redistricting at the federal level, "Additionally, redistricting is a state issue, and one that New Hampshire acts on responsibly and with great seriousness." The New Hampshire legislature did exactly that, creating a truly bipartisan bill with the knowledge of the Governor's office to address gerrymandering. Now, with his veto of HB 706, the Governor has thrown his legislature, fairness, and New Hampshire voters under the bus.
Fair voting districts bring integrity to our system of government. Fair voting districts restore trust in our government -- trust that has been lost in the last decade by such partisan tactics. Governor Sununu had a chance to restore that trust, but turned his back on the voters and chose partisan politics instead.
Should he have a change of heart, legislators, voters, and Democracy reform groups will be standing by to help him bring fairness back to New Hampshire's voting districts."
Election Rigging Continues (June 2019)
NH House discusses redistricting in June 2019.
The Governor's veto means that New Hampshire will not be joining the growing list of states condemning the early 19th century practice of rigging elections to favor the majority party's grip on power for the ten years following each national population census. Next census: 2020.
HB 706, as amended, required that independent commission members develop:
HB 706, as amended, required that independent commission members develop:
- Districts that form single boundaries, and shall not be bisected or otherwise divided by other districts, and shall respect the geographic integrity of political boundaries to the extent practicable;
- Districts that are drawn in compact shapes and shall avoid jagged edges and extensions;
- Districts that respect the integrity of communities of interest, including consideration given to racial, ethnic, economic, social cultural, geographic or historic identities;
- Districts that shall not have the intent or the effect of unduly favoring or disfavoring any racial or language group.
- Communities of interest shall not include deference be given political parties or candidates;
- The plan as a whole shall not have the intent or the effect of unduly favoring or disfavoring any political party, incumbent, or candidate for political office.
How Gerrymandering Affects Strafford Democrats
I am writing this one week after the mid-term election of 2018. As it was on election day, temperatures today are in the 40s, and it is raining. Different is the new political landscape.
Granite State Democrats awoke Wednesday morning to learn that our executive council, senate, and house of representatives will be led by a Democratic majority next year, this, despite the 2011 gerrymandering of political districts throughout the state (and the nation), including House District #3, made up of Strafford and New Durham, that was intended to secure Republican victories at least through the next redistricting in 2021. In short, in order for there to have been this victory for Democrats last Tuesday, voters had to overcome the bias inherent in gerrymandered districts. To be sure, gerrymandering is almost as old as our country, and is legal, as is protection of incumbents when drafting the new districts.
What exactly is gerrymandering? Here's the definition from Webster's Collegiate Dictionary.
Gerrymandering: to divide (an area) into political units to give special advantages to one group.
Legal does not make it right. [See a map of our current House district, in which the towns of Strafford and heavily Republican New Durham are joined only by a single geographical point]
Several bills will be submitted to 2019 legislators for their consideration that would create an independent redistricting commission. Since the New Hampshire Constitution mandates redistricting be the function of our legislature, any plan created by members of an independent redistricting commission would require legislative approval. So why create an independent commission? The theory is that if a redistricting plan is generally viewed as fair, our legislature would be hard pressed to ignore the commission’s recommendations. The concept is not new to New Hampshire; 21 states have, in their laws, some form of independent commission.
Ellen Phillips and I, unsuccessful candidates for the NH House of Representatives in 2018, take this opportunity to thank the voters of Strafford for their support, as evidenced by the official town of Strafford vote count (not the combined district total): Harrington, 997; Perry, 985; Wuelper 972; Phillips, 912.
I am particularly grateful that the voters of this district and the district as configured prior to 2011 with six towns (Milton, Middleton, New Durham, Farmington, Barrington and Strafford) allowed me to serve 7 years in the state house. Wanting to protect the most fundamental right of all – the right to vote – I requested of Speaker Norelli that I serve all of those years on the House Election Law Committee. I am equally grateful that 2018 voters will end voter suppression efforts for the next two years, they having created a Democratic legislative majority.
I encourage all registered Democrats and Democrat-leaning undeclared voters to check out our committee meetings and get involved.
- Bob Perry, Strafford, NH
Granite State Democrats awoke Wednesday morning to learn that our executive council, senate, and house of representatives will be led by a Democratic majority next year, this, despite the 2011 gerrymandering of political districts throughout the state (and the nation), including House District #3, made up of Strafford and New Durham, that was intended to secure Republican victories at least through the next redistricting in 2021. In short, in order for there to have been this victory for Democrats last Tuesday, voters had to overcome the bias inherent in gerrymandered districts. To be sure, gerrymandering is almost as old as our country, and is legal, as is protection of incumbents when drafting the new districts.
What exactly is gerrymandering? Here's the definition from Webster's Collegiate Dictionary.
Gerrymandering: to divide (an area) into political units to give special advantages to one group.
Legal does not make it right. [See a map of our current House district, in which the towns of Strafford and heavily Republican New Durham are joined only by a single geographical point]
Several bills will be submitted to 2019 legislators for their consideration that would create an independent redistricting commission. Since the New Hampshire Constitution mandates redistricting be the function of our legislature, any plan created by members of an independent redistricting commission would require legislative approval. So why create an independent commission? The theory is that if a redistricting plan is generally viewed as fair, our legislature would be hard pressed to ignore the commission’s recommendations. The concept is not new to New Hampshire; 21 states have, in their laws, some form of independent commission.
Ellen Phillips and I, unsuccessful candidates for the NH House of Representatives in 2018, take this opportunity to thank the voters of Strafford for their support, as evidenced by the official town of Strafford vote count (not the combined district total): Harrington, 997; Perry, 985; Wuelper 972; Phillips, 912.
I am particularly grateful that the voters of this district and the district as configured prior to 2011 with six towns (Milton, Middleton, New Durham, Farmington, Barrington and Strafford) allowed me to serve 7 years in the state house. Wanting to protect the most fundamental right of all – the right to vote – I requested of Speaker Norelli that I serve all of those years on the House Election Law Committee. I am equally grateful that 2018 voters will end voter suppression efforts for the next two years, they having created a Democratic legislative majority.
I encourage all registered Democrats and Democrat-leaning undeclared voters to check out our committee meetings and get involved.
- Bob Perry, Strafford, NH
