Strafford County leaders sue NH over election change: Why case has major implications

DOVER — Strafford County commissioners filed a lawsuit against a New Hampshire redistricting law they say is unconstitutional.

The basis of the suit contends the state legislature had no authority to redistrict Strafford County in House Bill 75 because it wasn't done as part of the once-every-10-years redistricting of election maps in New Hampshire and across the country, tied to the Census.

Since 1865, Strafford County commissioners have been elected at-large, meaning all the people are able to vote for all the commission candidates, according to the lawsuit. Under the Republican-passed law, three county commissioner districts in Strafford County were created for the 2024 election.

Democrats statewide have argued against the Republican-backed legislation that led to this case, stating it could set precedent. If this change in Strafford County stands, Democrats have said, there would be nothing to stop whichever party holds the majority from changing districts to gain an advantage at any time. Republicans in recent years have controlled the majority in the state House and Senate as well as the governor's office with Chris Sununu.

The lawsuit was filed against New Hampshire Secretary of State David Scanlan and New Hampshire Attorney General John Formella.

“The Attorney General’s Office has received a copy of the lawsuit and is currently reviewing it but would not comment on pending litigation," a statement from a spokesperson for the attorney general reads.

William Christie of the law firm Shaheen and Gordon is representing the commissioners in the suit.

"I think there is merit in that the legislature gets to redistrict one time after the Census, and they did, in 2022," Christie said. "They looked at all the districts and when they voted it was to keep Strafford County's precedent to elect the commissioners at large. Then after that, in 2023, they passed a bill that changed that, creating three districts."

Christie said they filed the suit in Merrimack County Superior Court, asking them to expedite the case so it is resolved ahead of the 2024 election.

"The (election) filing period for the commissioners begins June 4," said Christie. "We hope to get the case heard, and a decision before then."

Strafford County commissioner election changes: How it evolved

In 2022, the state legislature passed HB 54, retaining a single district where the three Strafford County commissioners are elected at large. In the 2022 election that followed, Commissioners George Maglaras, Robert Watson, and Deanna Rollo were elected. All three commissioners are Democrats.

Democrats have dominated Strafford County commissioner elections for many years. The last Republican commissioner was in office in 2011-12, according to county records.

In 2023, the legislature passed HB 75, creating three single member districts, starting with the 2024 election. That would pit Maglaras and Rollo against one another if they both seek re-election, because they both live in the same newly created district. That would give Republicans a wider opening to win at least one of the seats.

In 2023, HB 75 was introduced. It amended the way county commissioners in Strafford County are elected by creating three districts. District 1 included the towns of Farmington, Middletown, New Durham, wards 1, 5, 6 of Rochester and wards 1-5 of Somersworth. District 2 includes wards 1-4 in Dover, and the towns of Durham, Lee and Rollinsford. District 3 includes Barrington, wards 5 and 6 of Dover, Madbury, wards 2-4 of Rochester and Strafford.

The suit contends the legislature can draw new districts only after the Census every 10 years. Redistricting of voting maps happens nationally every 10 years, following the once-a-decade Census. Numerous election districts were changed in the state during this process, but no changes were made to the Strafford County commissioner election at that time.

The lawsuit cites several precedent rulings, including: “[O]nce the legislature has fulfilled its constitutional obligation to reapportion based upon the decennial census figures, it has no constitutional authority to make another apportionment until after the next federal census.”

The Strafford County redistricting (House Bill 75) happened after that process was completed.

HB 75 was signed into law on Aug. 4, 2023 and became effective on Oct. 3, 2023.

The lawsuit asks the court to declare that HB 75 violates the New Hampshire constitution and prevent its implementation.

State Sen. James Gray, R-Rochester, was one of the supporters of the bill which passed by one vote, (186-185) in June 2023. He declined to answer questions when contacted for this story.

In the past, Gray has argued districts should be created to give smaller towns in Strafford County more representation.

"What this does is exactly the opposite," said Maglaras, who has served as a commissioner continuously since 1983. "In fact, it disenfranchises all 90,000 voters in Strafford County. And the legislature had no authority to draw new districts after they had already completed and passed their redistricting options."

Gray has also pointed out nine of 10 county commissioner elections in the state have districts. Strafford County is the only one that does not. He also pointed to a legal opinion he received stating the change is "districting," not 'redistricting" because the county didn't previously have voting districts. Gray said another attorney advised him that because no action was taken on Strafford County commissioners during the redistricting process, "we still have our once-in-10-years opportunity."

This article originally appeared on Fosters Daily Democrat: Strafford County leaders sue NH, call election change unconstitutional