This week- State Court To Hear Expert Reports in Congressional challenge; NYC Charter Commission To Consider Open Primaries & Non-Partisan Elections; Redistricting & Census on the Albany Agenda; February 3rd Redistricting CLE; Around the Nation- Utah, Maryland
LITIGATION
Congressional Redistricting
Williams et. al v. New York State Board of Elections et. al
On October 27th last year, a complaint was filed in New York County State Supreme Court asking that the state legislature create a new congressional district that includes Black and Latino residents of Staten Island and parts of lower Manhattan. The plaintiffs allege that the current district dilutes minority voting strength by coupling Staten Island with a part of Brooklyn. They seek to attach a part of lower Manhattan to the Staten Island district as a remedy.
On December 18th, three expert reports were filed from Dr. Maxwell Palmer, Thomas J. Sugrue, and William S. Cooper. Cooper’s expert report was most recently corrected on January 2nd.
Dr. Palmer’s initial report analyzed racially polarized voting in New York’s 11th Congressional District and petitioner’s illustrative district, finding significant levels of racially polarized voting across 20 elections from 2017 to 2024. Further, the initial report found that Black and Hispanic voters consistently shared the same candidates of choice, and these candidates were typically defeated by the white preferred candidates.
Dr. Palmer’s report responds to rebuttal experts by defending the use of his analytical methodology (ecological inference modeling) noting that Dr. Steven Voss’ critiques do not raise valid methodological issues and uses similar methods.
The report explains that Dr. Alford’s claims attributing voting patterns solely to party affiliation do not undermine the finding of racially polarized voting, since race and party are closely linked in American politics. Dr. Palmer further clarifies that district performance must be measured by whether Black and Hispanic voters’ preferred candidates succeed, not by the race of the winning candidates.
Thomas J. Sugrue’s initial report documents the history of racial segregation and disparate treatment against Black and Latino residents of Staten Island and the persistent disparities they face in housing, education, socioeconomic status, and policing, all of which are known to negatively affect political participation and the ability to influence elections.
His December 18th report responds to Joseph Borelli’s expert report, arguing that Borelli improperly downplays well-documented patterns of discrimination. Mr. Sugrue concludes that the historical record and current data continue to show significant disparities that Borelli’s selective evidence fails to rebut.
William S. Cooper was asked by the petitioners’ attorneys to examine the 2024 Congressional Plan encompassing Staten Island, Lower Manhattan, and Brooklyn and develop an illustrative map that joins Staten Island with Manhattan in a reconfigured CD 11. Cooper argues that the 2024 plan dilutes the voting strength of Black and Latino voters by combining Staten Island with heavily white areas, limiting minority voters’ ability to elect their preferred candidates.
Cooper identifies the census data and standard redistricting principles (contiguity, compactness, and population equality) used to demonstrate an illustrative alternative district that better reflects demographic realities and provides Black and Latino voters with a meaningful opportunity to elect candidates of choice.
On December 18th, petitioners filed their opposition to the motion to dismiss. First, they argue that both the text and context of Article III, Section 4(c)(1) of New York’s Constitution supports the conclusion that the NY Voting Rights Act (NYVRA) framework governs their claim.
Second, petitioners argue that the 2024 congressional map dilutes the voting strength of Black and Latino Staten Islanders because voting in CD-11 is racially polarized and results in less opportunity to elect their candidate of choice. Third, they argue that Cooper’s illustrative map complies with the Constitution’s redistricting criteria and is not a partisan or racial gerrymander.
On December 22, Dr. Stephen Voss’s corrected expert report was filed, critiquing Dr. Palmer’s analysis of racially polarized voting in New York’s congressional districts. While confirming Dr. Palmer’s calculations, Dr. Voss argues Dr. Palmer’s conclusions assume uniform voting behavior within racial and ethnic groups. Dr. Voss contends that broader more rigorous models reveal different patterns of racial/ethnic voting behavior and that there is no strong evidence of racially polarized voting across the city as a whole. Thus, Dr. Voss concludes that these models show minority-preferred candidates are not consistently defeated by White voters in general elections.
On December 23, counsel to respondents Peter S. Kosinski, Anthony J. Casale, and Raymond J. Riley III filed a reply in support of the motion to dismiss. They argue that the express language of Article III, Section 4 precludes application of the NYVRA and that there is no evidence of an intent to depart from the federal VRA. Further, counsel to respondents argue that since the NYVRA does not apply, the case should be dismissed.
Justice Jeffrey Pearlman will hold hearings on the case this week starting Monday, January 5th starting at 10:00 AM. Hearings on expert reports will be held by the court on January 6th and 7th.
ELECTIONS
New York City Charter Review Commission To Consider Primary Law Reform
On his last day in office, former New York City Mayor Eric Adams appointed a new City Charter Revision Commission (CRC) tasked with reviewing the New York City Charter and determining how to make New York City’s election processes more responsive. Specifically, the CRC — led by Chair Martin Connor, a former New York Senate Democratic leader and an election law expert — will examine whether open primaries and non-partisan elections will make New York City’s municipal government more inclusive, accessible, and democratic.
The 15-member commission includes several former Adams Administration officials. Members include Pastor Gilford Monrose (who was Adams’ lead staffer on 2020 Census efforts when he was borough president), former New York City Public Advocate Betsey Gotbaum, former NYS AFL-CIO President Denis Hughes, and Menashe Shapiro, a former Adams Deputy Chief of Staff who worked with the 2020 city Districting Commission.
According to a report published by City & State NY, “Announcing a panel on the mayor’s last day is rare, if not totally unprecedented, and raises questions about how the commission’s work would actually proceed under a new mayor that seems likely to oppose its core mission.” A charter review commission appointed by Adams last year failed to include an open primaries proposal in its final report. Draft commission proposals would have permitted city voters, regardless of party affiliation, to vote in a an open primary of all candidates and where the top two vote-getters advance to the general election.
While new Mayor Zohran Mamdani cannot revoke the commission’s authority, it remains unknown how the new commission will be staffed or funded.
NY REDISTRICTING & CENSUS
2026 Redistricting & Census on the Albany Agenda
Redistricting reform is expected to become a top issue facing the state legislature this year. Since the state constitution bars mid-decade redistricting, efforts were started last year to permit the state to redraw congressional districts in response to successful efforts initiated by President Trump in Texas, Missouri, and North Carolina.
Senator Michael Gianaris and Assemblyman Micah Lasher are sponsoring A.9014/S. 8467 to permit the state to redraw congressional districts in mid-decade if any other state does so first.
Last August, Governor Cathy Hochul indicated that she thought that the state commission created by a 2015 state constitutional amendment had run its course and should be eliminated, especially after it initially failed to fulfill its mission to send a second set of stAte legislative and congressional maps to the legislature failing the rejection of the commission’s competing set of partisan maps.
According to Dan Clark in the Albany Times Union, Assembly Speaker Carl Heastie said that the state’s redistricting process has been “so convoluted and complicated and so I’m happy that (Hochul) wants to relook at it,” Heastie said. “I know our members would like to look at it.”
Additional reforms may be sought by good government groups interested in making the redistricting process yet more independent and transparent.
In addition, efforts to enact legislation that creates a state census support office in the Department of State and a “New York Counts” census outreach and education program will ramp up, something especially important in 2026 because the Census Bureau’s Local Update of Census Addresses” (LUCA) program gets underway in 2027l LUCA permits local governments to check the Census Bureau’s address lists and to provide updates. Enactment of the legislation will help enable non-profit and private sector organizations to assist local governments in the LUCA effort.
Assembly Member Michaelle Solages and 18 colleagues are sponsoring the legislation (A.5864) in the Assembly and Senators Jeremy Cooney, Robert Jackson, and Leroy Comrie are sponsoring S. 6898 in the Senate).
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
There has been no preclearance activity during the past two weeks.
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
UPCOMING EVENTS
Tuesday, February 3rd from 6:00 to 8:00 PM
Mid-Decade Redistricting and New York Reforms – New York Law School will sponsor a CLE class on redistricting reform, including presentations on mid-decade redistricting and what’s could be expected to happen in New York during the 2026 state legislative session. Speakers include New York Law School’s Jeff WIce, Brennan Center Vice President Kareem Crayton and Jonathan Cervas of Carnegie Mellion University (special master for the court in the 2022 congressional and state senate remapping).
More details and registration link will be provided in next week’s update.
AROUND THE NATION
UTAH: Third District Judge Dianna Gibson has issued a Rule 54(b) certification, specifically granting the Utah Legislature permission to immediately appeal her Aug. 25 ruling to the state Supreme Court. This specific ruling preliminarily voided Utah’s 2021 congressional map and blocked SB200, a law that repealed a 2018 voter-approved initiative (Proposition 4) designed to ban partisan gerrymandering. While Gibson agreed that the public interest is served by a faster resolution, she scolded the Legislature’s attorneys for failing to appeal sooner, noting they offered “no legitimate explanation” for ignoring previous opportunities to challenge her orders over the preceding four months.
The outcome of any appeal could significantly impact the 2026 midterm elections, as the current court-ordered map establishes a Democratic-leaning district in Salt Lake County, whereas the voided map featured four Republican-leaning districts. In tandem with the legal challenge, Republican leaders have taken legislative action to delay candidate filing deadlines and have initiated a signature-gathering campaign for a 2026 ballot initiative to repeal the ban on partisan gerrymandering. The Utah Supreme Court could now be tasked with deciding a fundamental constitutional question: whether the Legislature maintains exclusive authority over redistricting or if it must share that responsibility with citizens exercising their right to reform government through initiatives.
Florida: is expected to redraw its congressional map, focusing on making changes to predominantly minority districts.
Missouri: residents colleced over 300,000 signatures to place the state’s newly enacted gerrymandered map on the ballot.
Kansas: legislative leaders have promised to reconsider redistricting during the 2026 session that begins this month, targeting Representative Sharice Davids’ district (the only Democrat representing Kansas in Congress.
Virginia: the state Senate and House are expected to approve a 2025-passed state constitutional amendment to permit mid-decade congressional redistricting so the question can go to the voters later this year.
INSTITUTE RESOURCES
The New York Elections, Census and Redistricting Institute has archived many resources for the public to view on our Digital Commons Page.
Our Redistricting Resources page contains resources on the John R. Lewis Voting Rights Act. You can access the page here: https://digitalcommons.nyls.edu/redistricting_resources/
Archived Updates can be accessed here: https://digitalcommons.nyls.edu/redistricting_roundtable_updates/
Please share this weekly update with your colleagues. To be added to the mailing list, please contact Jeffrey.wice@nyls.edu
The N.Y. Elections, Census & Redistricting Institute is supported by grants from the New York Community Trust, New York Census Equity Fund, the Mellon Foundation, and the New York City Council. This report was prepared by Jeff Wice, Esha Shah and Michelle Davis (from Redistricting Online).