NORELLI v. SECRETARY OF STATE

No. 2022-0184.

292 A.3d 458 (2022)

Theresa NORELLI & a. v. SECRETARY OF STATE & a.

Supreme Court of New Hampshire.

Opinion Issued: May 12, 2022.


Attorney(s) appearing for the Case

McLane Middleton, P.A., of Manchester ( Steven J. Dutton on the brief), Paul Twomey , of Epsom, on the brief, Elias Law Group LLP, of Seattle, Washington ( Abha Khanna and Jonathan P. Hawley on the brief), Elias Law Group LLP, of Washington, D.C. ( Aaron M. Mukerjee on the brief), and Perkins Coie LLP, of Washington, D.C. ( John Devaney on the brief and orally), for the plaintiffs.

John M. Formella , attorney general, and Anthony J. Galdieri , solicitor general ( Myles B. Matteson , assistant attorney general, Anne M. Edwards , associate attorney general, and Matthew G. Conley , attorney, on the joint brief, and Myles B. Matteson orally), for the Secretary of State and John M. Formella , attorney general, and Anthony J. Galdieri , solicitor general ( Samuel R.V. Garland , senior assistant attorney general, on the joint brief and orally), for the State of New Hampshire.

Lehmann Major List, PLLC, of Concord ( Sean R. List on the joint brief and orally), for the Speaker of the New Hampshire House of Representatives and ( Richard J. Lehmann on the joint brief and orally), for the President of the New Hampshire Senate.

Shaheen & Gordon, P.A., of Concord ( James J. Armillay, Jr. , S. Amy Spencer , and Olivia Bensinger on the memorandum of law), for the New Hampshire Senate Minority Leader and the New Hampshire House of Representatives Minority Leader, as amici curiae.

American Civil Liberties Union of New Hampshire Foundation, of Concord ( Gilles R. Bissonnette and Henry R. Klementowicz on the brief, and Henry R. Klementowicz orally), as amicus curiae.


This case raises two preliminary questions. First, whether the current statute establishing a district plan for New Hampshire's two congressional districts, see RSA 662:1 (2016), violates Article I, Section 2 of the United States Constitution. Second, if so, whether this court must establish a new district plan if the...

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