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Judge tosses NY's redistricted maps, but Democrats hopeful for a stay
By
David Cruz
and
Jon Campbell
Published Mar 31, 2022
Modified Apr 1, 2022
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Vaughn Golden / WSKG, pool
By
David Cruz
and
Jon Campbell
Published Mar 31, 2022
Modified Apr 1, 2022
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A Steuben County judge has struck down the recently redrawn congressional and legislative maps for New York, ordering the state Legislature to "submit bipartisanly supported maps" by April 11th — setting up a likely battle in the state’s top court.
But Senate and Assembly Democrats quickly appealed the ruling late Thursday night, and they’re expected to seek a stay blocking it from taking effect while the appeals courts weigh in. Gov. Kathy Hochul also vowed to appeal.
In an 18-page ruling, Acting State Supreme Court Judge Patrick F. McAllister said the maps, drawn every 10 years after the latest U.S. Census count, were unconstitutionally and politically drawn by the Democrat-controlled state Legislature. McAllister said the maps are "void and not usable."
If the ruling stands, it could force the state to push back its June 28th primary. As of Thursday, petitioning to get on the primary ballot was scheduled to wrap up during the first week of April, and the process has been based on the maps at the center of the court case.
The state Legislature started drawing the maps in January after the state-sanctioned Independent Redistricting Commission, created following a change in the state constitution in 2014, failed to agree upon a set of bipartisan maps. The hope among good government groups for the creation of the IRC was to take politics out of the map-making process and avoid partisan gerrymandering.
The ruling dealt a blow to Democratic lawmakers who sought to draw maps many good government groups said suited the party's political needs.
A spokesman for Senate Democrats said they anticipate receiving a stay, which would temporarily block it from taking effect.
“This is one step in the process,” said Mike Murphy, the spokesman. “We always knew this case would be decided by the appellate courts. We are appealing this decision and expect this decision will be stayed as the appeal process proceeds.”
Democrats appealed to the Fourth Department of the Appellate division, a mid-level appeals court. But the issue will ultimately be decided by the Court of Appeals, the state’s top court. Both sides of the case are hopeful the process can be fast-tracked given the fast-approaching primary elections.
Under McAllister’s ruling, the court would hire its own people to draw new maps at the state's expense if lawmakers were unable to submit a plan by April 11th.
McAllister warned that should the state Legislature fail to reach a consensus and leave the court-appointed mapmakers to conceive new lines, the primary could be pushed no later than August 23rd. Candidates seeking office will once again have to spend another couple of weeks collecting signatures to get on the ballot for the newly redrawn maps.
McAllister’s ruling drew praise from former Hudson Valley Rep. John Faso, who has been serving as the Republican Party’s de facto spokesman for its redistricting lawsuit.
The decision is “a victory for the People of the State of New York,” Faso said.
The state Board of Elections, meanwhile, told political candidates to continue collecting their ballot signatures based on the current maps while the appeal progresses. Candidates are required to turn in their signatures next week in order to secure access on the June 28th primary ballot.
This story has been updated with new information and a new headline. Brigid Bergin contributed reporting.
Tagged
redistricting
David Cruz
David is a former WNYC and Gothamist editor.
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Jon Campbell
Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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