THE STATE OF NEW HAMPSHIRE

SUPREME COURT

 

In Case No. 2002-0210, Petition of Representative Peter Burling & a., the court on July 12, 2002, issued the following order:

RE: City of Manchester

On July 1, 2002, the affidavit of Secretary of State, William M. Gardner, was filed with the court. In the affidavit, Secretary Gardner stated that several cities, including the City of Manchester, changed their ward lines following the release of the 2000 census data. The affidavit of the Manchester city clerk was also filed. The city clerk stated that the city wards had been redrawn in accordance with federal census figures, and his affidavit set forth the population for the reconfigured wards. A certified copy of the city charter describing the ward boundaries and a certified copy of the ward map reconfigured after the 2000 census were also filed with the court.

After reviewing the affidavits, the court determined that there were discrepancies between the population figures for the reconfigured wards as reported by the city clerk and as reported in federal census data. In the companion case of Petition of Senator Clifton Below & a., the court advised the parties and the Manchester city clerk of the discrepancies and ordered the parties to file a pleading relating to the discrepancies.

The Manchester city clerk filed additional information explaining some of the discrepancies between the population figures reported by the city and federal census data, and the court has corrected the population figures for the affected wards. It appears that in 9 of the 12 city wards there now is no discrepancy between the population as reported by the city clerk and as reported in federal census data. In wards 5, 6 and 7, small discrepancies remain. The population of the city’s 12 wards is set forth below, and the 3 wards in which there are discrepancies are identified.

Ward 1: The population reported in the federal census data for ward 1 as currently configured is 9,033.

Ward 2: The population reported in the federal census data for ward 2 as currently configured is 9,073.

Ward 3: The population reported in the federal census data for ward 3 as currently configured is 9,013.

Ward 4: The population reported in the federal census data for ward 4 as currently configured is 8,900.

Ward 5: The population reported in the federal census data for ward 5 as currently configured is 9,070. The city indicates that this figure should be 9,072.

Ward 6: The population reported in the federal census data for ward 6 as currently configured is 8,978. The city indicates that this figure should be 9,008.

Ward 7: The population reported in the federal census data for ward 7 as currently configured is 9,070. The city indicates that this figure should be 9,052.

Ward 8: The population reported in the federal census data for ward 8 as currently configured is 8,921.

Ward 9: The population reported in the federal census data for ward 9 as currently configured is 8,846.

Ward 10: The population reported in the federal census data for ward 10 as currently configured is 8,715.

Ward 11: The population reported in the federal census data for ward 11 as currently configured is 8,708.

Ward 12: The population reported in the federal census data for ward 12 as currently configured is 8,679.

If the parties and the city of Manchester agree that the population figures for Manchester wards 1 through 4 and 8 through 12, as set forth above, are accurate, they shall, on or before 4:30 p.m. on Tuesday, July 16, 2002, submit an original and seven (7) copies of a supplemental pleading stipulating to the accuracy of the figures. If any party, or the city of Manchester, does not agree that the federal census data figures for these wards are accurate, that party or the city should state the reasons for disagreement in a pleading to be submitted on or before 4:30 p.m. on Tuesday, July 16, 2002. Should there be any disagreement, the parties, their technical advisors, and the city clerk of Manchester shall remain available to respond to further inquiries from the court on very short notice.

With regard to wards 5, 6, and 7, the parties and the Manchester city clerk shall review maps of areas of discrepancy in Manchester wards 5, 6, and 7, attached as appendices A, B, and C. The paper copies of the maps attached to this order are difficult to read, but the maps are easily discernable when viewed in PDF format on the judicial branch web site (http://www.state.nh.us/courts/supreme.htm). On or before 4:30 p.m. on Tuesday, July 16, 2002, the parties and the city clerk shall identify in writing and on a map the correct location of the boundary lines of wards 5, 6, and 7 as reconfigured after the 2000 federal census.

Brock, C.J., and Nadeau, Dalianis and Duggan, JJ., concurred.

Eileen Fox,

Clerk