Committee Report CONSENT CALENDAR February 27, 2018 HOUSE OF REPRESENTATIVES REPORT OF COMMITTEE The Committee on Election Law to which was referred HB 1666, AN ACT relative to redistricting. Having considered the same, report the same with the following resolution: RESOLVED, that it is INEXPEDIENT TO LEGISLATE. R p Michael Harrington FOR THE COMMITTEE Original: House Clerk Cc: Committee Bill File COMMITTEE REPORT Committee: Election Law Bill Numbdr: HB 1666 Title: relative to redistricting. Date: February 27 Consent Calendar: CONSENT Recommendation: INEXPEDIENT TO LEGISLATE STATEMENT OF INTENT The bill would create a new metric for evaluating redistricting proposals based on a computer model that attempts to measure the "efficiency gap" in votes cast. There are many unresolved issues with this bill. It establishes a commission made up of only Democrats and Republicans and does not include the third party with ballot status in NH. There is also confusion over how the results of an election determined to have an efficiency gap exceeding the allowed limit are to be handled. Would the loser have solid grounds to challenge the results in court? This bill would completely change the way we redistrict and needs more work before it should be considered for passage. Vote 20-0. Rep. Michael Harrington FOR THE COMMITTEE Original: House Clerk Cc: Committee Bill File CONSENT CALENDAR Election Law HB 1666, relative to redistricting. INEXPEDIENT TO LEGISLATE. Rep. Michael Harrington for Election Law. The bill would create a new metric for evaluating redistricting proposals based on a computer model that attempts to measure the "efficiency gap" in votes cast. There are many unresolved issues with this bill. It establishes a commission made up of only Democrats and Republicans and does not include the third party with ballot status in NH. There is also confusion over how the results of an election determined to have an efficiency gap exceeding the allowed limit are to be handled. Would the loser have solid grounds to challenge the results in court? This bill would completely change the way we redistrict and needs more work before it should be considered for passage. Vote 20-0. Original: House Clerk Cc: Committee Bill File Simmons, Miriam From: Barbara Griffin <[email protected] > Sent: Wednesday, February 21, 2018 9:43 AM To: Simmons, Miriam Subject: Fwd: RE: blurbs Sent from my Verizon 4G LTE Droid Forwarded message From: Harrington <harringt metrocast.net> Date: Feb 21, 2018 8:23 AM Subject: RE: blurbs To: `Bgriffinlo' <[email protected]> Cc: HB 1666 The committee voted ITL, on this bill 20 to 0. The bill would create a new metric for evaluating redistricting proposals based on a computer model. That attempts to measure the "efficiency gap" in votes cast There are many unresolved issues with this bill. It establishes a commission made up of only Democrats and Republicans but we have a third party with ballot status in NH and they are not included. There is also confusion over how the results of an election that is found to have an efficiency cap exceeding the allowed limit, are to be handled. Would the looser hove solid grounds to challenge the results in Court? This bill would completely change the way we redistrict and needs more work before it should be considered for passage From: Bgriffinlo imailto:bgriffinloaol.corn1 Sent: Tuesday, February 20, 2018 3:31 PM To: [email protected]; harringt@metrocastnet; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: blurbs Republican Members Voting Sheets HOUSE COMMITTEE ON ELECTION LAW EXECUTIVE SESSION on HB 1666 BILL TITLE: relative to redistricting. DATE: February 13, 2018 LOB ROOM: 308 MOTIONS: INEXPEDIENT TO LEGISLATE Moved by Rep. Harrington Seconded by Rep. Negron Vote: 20-0 CONSENT CALENDAR: YES Statement of Intent: Refer to Committee Report Respectfully submitted, APP Rep Lisa Freeman, Clerk HOUSE COMMITTEE ON ELECTION LAW EXECUTIVE SESSION on HB 1666 BILL TITLE: relative to redistricting. DATE: )[3 LOB ROOM: 308 MOTION: (Please check one box) ❑ OTP ❑ Retain (Pt year) ❑ Adoption of Amendment # ❑ Interim Study (2nd year) (if offered) Moved by Rep. .40.-t—r- e C i Seconded by Rep. i\c, rgLiki Vote: ar) MOTION: (Please check one box) ❑ OTP ❑ OTP/A ❑ ITL ❑ Retain (Pt year) ❑ Adoption of Amendment # ❑ Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: MOTION: (Please check one box) ❑ OTP ❑ OTP/A ❑ ITL ❑ Retain (Pt year) ❑ Adoption of Amendment # ❑ Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: MOTION: (Please check one box) ❑ OTP ❑ OTP/A ❑ ITL ❑ Retain (Pt year) ❑ Adoption of Amendment # ❑ Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: CONSENT CALENDAR: YES NO Minority Report? Yes No If yes, author, Rep: Motion Respectfully submitted: Rep Betty Gay, Clerk STATE OF NEW HAMPSHIRE 1/5/2018 10:28:09 AM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION ELEC LAW 6e6 Bill #: Title: _e_tect4\44 PH Date: Exec Session Date: 0c), / / / Motion: }-114 -- Amendment #: MEMBER YEAS NAYS Griffin, Barbara J. Chariman V ? Dean-Bailey, Yvonne M. Vice Chairman k/ Souza, Kathleen F. '7 HI, GrergarY )40,E-12..-4232 V Harrington, Michael D. V Hellwig, Steve D. V Freeman, Lisa M. Clerk i Gay, Betty I. /. Negron, Steve V Silber, Norman , / Wells, Natalie 1, V. Cote, David E, . V Ward, Gerald W.R. / Moynihan, Wayne T. \/- Bennett, Travis 1./ fleaFsen-,-Wtittarn A. Kecui4-12- V- Huot, David a ‘,/ White, Andrew A. /. Porter, Marjorie A. .,/, DesMarais, Edith M. V' TOTAL VOTE: a() Page: 1 of 1 Hearing Minutes HOUSE COMMITTEE ON ELECTION LAW PUBLIC HEARING ON HB 1666 BILL TITLE: relative to redistricting. DATE: January 18, 2018 LOB ROOM: 308 Time Public Hearing Called to Order: 10:00 .M. Time Adjourned: 11:10 p.m. Committee Members: Reps. B. Griffin, Hill, Freeman, Souza, Harrington, Gay, Negron, Silber, Wells, Cote, Ward, Moynihan, W. Pearson, Huot, White, Porter and DesMarais Bill Sponsors: Rep. Knirk Rep. Read Rep. Somssich Rep. Rand Sen. Woodburn TESTIMONY Rep. Jerry Knirk, Bill Sponsor — introduces Bill. Not same as last year. This is to evaluate. Reviewed written testimony submitted. Don't do the independent commission until gerrymandering found by applying efficiency gap analysis. Question from Rep. Harrington — Is this an automatic challenge? Can rewrite, and if so why, is the redo? You get info from records of proceedings. Question from Rep. Moynihan — There is no ruling in Gill, no ruling yet so why would we use this as a basis. Maybe bill needs to be held. Question from Rep. Porter — Did you know NPR did an analysis of efficiency gap? ANS: Had no knowledge of that. Question from Rep. Gay — Wouldn't you expect skews? ANS: - Yes; so you do outlier analysis. Question from Rep. Griffin — How often theoretically could be doing after every election. Daryl W. Perry, Liberty Lobby LLC — Opposed. Not an independent commission, more like bipartisan, and it leaves out libertarians to the California system, they have timely independent commission who are elected members. Fourteen (14) total votes for approval required are majority of each subgroup must approve. Question from Rep. Porter — If we amended to call bipartisan would you support? ANS: Inclined perhaps, need to know more. Support a truly independent commission. Question from Rep. Pearson — Given no court ruling, is it possible to use it? ANS: I think so. *Olivia Zink, Concord NH, Open Democracy — written testimony submitted. Supports Bill. Voters should pick politicians not other way around. Brennan Center for Justice article "How the Efficiency Gap Works". *Liz Tentarelli, Newbury NH, League of Women Voters NH - Supports Bill, written testimony submitted. You tend to vote more if don't want candidate. Voting is a lost benefit analysis for the voter, risk vote. 45% (forty-five percent) of people vote nationally and may be why they don't think they have an impact, so don't vote. Some work already done (see handout last 5 pages), that shows we have a problem. Question from Rep. Pearson — concerned about constitutionality. ANS: nothing invalidates elections. Question from Rep. Gay - Were these questions subjected to outlier analysis? ANS: Don't know. Question from Rep. Dean-Bailey — don't numbers say fair? ANS: so with same population seats are changing. Efficiency Gap doesn't make sense. Question from Rep. Hill — don't we have fairly high turnout so is it possible efficiency gap doesn't matter? ANS: but people say it's important. Rep. Steven Rand, Grafton District 8, bill co-sponsor — Supports Bill, gives verbal testimony. Districts are not gerrymandered. It is across all districts that this phenomenon occurs. Redistricting happens once in ten years. Cannot find study from Associated Press from the Princeton Gerrymandering group. Look at Wisconsin State currently in Supreme Court. *Rick Bourdon, Lvme NH, Open Democracy Action — written testimony submitted. Supports Bill. Legal and technical. Question from Rep. Sousa — mentioned other measure likely to come to same conclusions? ANS: I do not have them. Question from Rep. Pearson — Concern enacting decision comes down from Supreme Court, this Bill would be unconstitutional. ANS: I do not know if that occurs if it is unconstitutional. Question from Rep. Gay - Trying to understand statistics, sounds as though this includes outlier analysis? ANS: True, still needs to be outlier analysis. Question from Rep. Huot — assuming these systems used to determine gerrymandering still supports one man — one vote? ANS: That is correct.