THE STATE OF NEW HAMPSHIRE

SUPREME COURT

 

In Case No. 2002-0243, Petition of Senator Clifton Below & a., the court on July 5, 2002, issued the following order:

On June 28, 2002, the New Hampshire Senate President filed a motion to reconsider the courtís opinion issued on June 24, 2002. Attached to his motion were affidavits from the Nashua and Manchester city clerks explaining how the clerks created new ward boundaries for their respective cities based upon the 2000 census. In case no. 2002-0210, Petition of Representative Peter Burling & a., the court received the official maps of Nashua and Manchester showing the ward boundaries as adjusted after the 2000 census and certified copies of the Nashua and Manchester city charters as amended to reflect the ward boundaries changed after the 2000 census.

On July 5, 2002, the petitioners filed a response to the motion, alleging that the ward populations reported by the Nashua City Clerk for several Nashua wards are inaccurate.

In both Nashua and Manchester, there are discrepancies between the populations of the wards that were reconfigured after the 2000 census, as reported by the city clerks in their affidavits, and the ward populations of the wards reconfigured after the 2000 census, as reported in the federal census data.

The discrepancies are as follows:

NASHUA

Ward 1: The city clerk reports the population as 9,619 for ward 1 as currently configured. The population reported in the federal census data for ward 1 as currently configured is 9,551.

Ward 2: The city clerk reports the population as 9,636 for ward 2 as currently configured. The population reported in the federal census data for ward 2 as currently configured is 9,704.

Ward 3: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

In Case No. 2002-0243, Petition of Senator Clifton Below & a., the court on July 5, 2002, issued the following order:

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Ward 4: The city clerk reports the population as 9,649 for ward 4 as currently configured. The petitioners allege that the population for ward 4 as currently configured is 9,699. The population reported in the federal census data for ward 4 as currently configured is 9,943.

Ward 5: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

Ward 6: The city clerk reports the population as 9,571 for ward 6 as currently configured. The petitioners allege that the population for ward 6 as currently configured is 9,496. The population reported in the federal census data for ward 6 as currently configured is 9,252.

Ward 7: The city clerk reports the population as 9,537 for ward 7 as currently configured. The population reported in the federal census data for ward 7 as currently configured is 7,438.

Ward 8: The city clerk reports the population as 9,692 for ward 8 as currently configured. The population reported in the federal census data for ward 8 as currently configured is 11,816.

Ward 9: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

MANCHESTER

Ward 1: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

Ward 2: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

In Case No. 2002-0243, Petition of Senator Clifton Below & a., the court on July 5, 2002, issued the following order:

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Ward 3: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

Ward 4: The city clerk reports the population as 8,886 for ward 4 as currently configured. The population reported in the federal census data for ward 4 as currently configured is 8,900.

Ward 5: The city clerk reports the population as 9,072 for ward 5 as currently configured. The population reported in the federal census data for ward 5 as currently configured is 9,070.

Ward 6: The city clerk reports the population as 9,008 for ward 6 as currently configured. The population reported in the federal census data for ward 6 as currently configured is 8,959.

Ward 7: The city clerk reports the population as 9,052 for ward 7 as currently configured. The population reported in the federal census data for ward 7 as currently configured is 9,070.

Ward 8: The city clerk reports the population as 8,921 for ward 8 as currently configured. The population reported in the federal census data for ward 8 as currently configured is 9,070.

Ward 9: The city clerk reports the population as 8,846 for ward 9 as currently configured. The population reported in the federal census data for ward 9 as currently configured is 8,716.

Ward 10: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

Ward 11: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

In Case No. 2002-0243, Petition of Senator Clifton Below & a., the court on July 5, 2002, issued the following order:

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Ward 12: No discrepancy between the ward population reported by the city clerk for the ward as currently configured and the ward population as reflected in the federal census data for the ward as currently configured.

Attached to this order is a list showing the population for the newly-configured wards by census block. This list shows the discrepancies between the ward populations reported by the Nashua and Manchester city clerks and the populations as reflected in the federal census data.

If the parties can agree that the population reported in the federal census data for Nashua wards 1 through 9 and Manchester wards 1 through 12, as currently configured and as set forth in the list attached to this order, are accurate, they shall, on or before 12:00 noon on Tuesday, July 9, 2002, submit an original and seven (7) copies of a supplemental pleading stipulating to the accuracy of the figures.

If any party does not agree that the federal census data figures as set forth on the attached list are accurate, that party should state the partyís reasons for disagreement in a pleading to be submitted on or before 12:00 noon on Tuesday, July 9, 2002. Should there be any disagreement, the parties, their technical advisors, and the city clerks of Nashua and Manchester shall remain available to respond to further inquiries from the court on very short notice.

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

Eileen Fox,
Clerk