This week- Judge Orders New 11th Congressional District Map; Governor Hochul Includes Census Funding in State Budget; February 3rd Redistricting CLE; New State AG Preclearance Guidebook; Around the Nation- Maryland
LITIGATION
Congressional Redistricting
Williams et. al v. New York State Board of Elections et. al
With congressional election candidate petitions set to collect signatures starting on February 24, the congressional map enacted by the state in 2024 must be changed.
In a decision filed on January 21 in New York County state supreme court, Judge Jeffrey Pearlman deemed the 2024 Congressional Map unconstitutional under Article III, Section 4(c)(1) of the New York Constitution, enjoined respondents from using the map in future elections, and ordered the Independent Redistricting Commission (IRC) to complete a new congressional map by February 6.
First, Judge Pearlman found that applying the NY State Voting Rights Act was impermissible because the text of Article III, Section 4 states that the redistricting of congressional districts is subject to requirements of the federal constitution and statutes, with no reference to state statutes
However, Judge Pearlman nevertheless concluded that the 2024 Congressional map was unconstitutional because the language of the NY Constitution affords greater protections against racial vote dilution than the federal Voting Rights Act. Thus, it falls on the Court to establish a standard for evaluating the “totality of circumstances.”
Judge Pearlman found that racially polarized voting had been clearly demonstrated by plaintiffs’ expert Dr. Maxwell Palmer’s expert report and testimony. As summarized by the Court, Dr. Palmer found that:
· Across the 20 most recent elections in CD-11, the Black and Latino-preferred candidates won five races, demonstrating that such candidates “usually” lose.
· The impact of discrimination in Staten Island is not only social and economic, but also political, as Black, Latino, and Asian Staten Islanders’ political representation and participating in politics still lags.
· “Minority group members bear the effects of past discrimination in areas such as education, employment, and health, which hinders their ability to participate effectively in the political process.”
Although not weighed heavily, the Court also found that Dr. Palmer’s report provided strong examples of racial appeals in Staten Island politics.
Second, Judge Pearlman ordered the reconvening of the IRC as the proper remedy. While petitioners proposed new district lines for the Court to adopt, Article III, Section 5 of the New York Constitution directs the “legislature to have full and reasonable opportunity to correct the law’s legal infirmities.” Thus, consistent with the precedent established in Hoffman, and the requirements of Article III, Section 5(b) of the New York Constitution, the Court ordered the IRC to reconvene and complete a new map by February 6, as requested by the Board of Elections. The judge made no mention in his decision what happens after February 7th. Ordinarily, any map developed by the IRC must go to the state legislature for approval or modification and then to the governor for her signature.
This decision is expected to be appealed to the Appellate Division.
Prior to the judge’s decision, several of the parties filed post trial briefs with the court.
On January 16, the parties filed their post-hearing summations. Petitioners concluded that they had demonstrated the 2024 congressional plan diluted Black and Hispanic Staten Islanders’ voting strength in CD-11 in violation of Article III, Section 4(c)(1) of the New York Constitution. Petitioners requested that the Court declare the 2024 Congressional Map unconstitutional, enjoin respondents from using the 2024 map in future elections, and allow a reasonable opportunity to adopt a new map.
Counsel to respondents Peter S. Kosinski, Anthony J. Casale, and Raymond J. Riley, III concluded that the NYVRA does not govern congressional redistricting and cannot be read into the NY Constitution, that petitioners failed on the merits under the applicable standards, and that the requested remedy would be an unconstitutional partisan gerrymander. Respondents requested that the Court deny petitioners’ requested relief and dismiss this proceeding.
Similarly, the interventor-respondents concluded that the New York Constitution does not incorporate the NYVRA, that petitioners failed to prove any NYVRA violation, and that the requested remedy would be an unconstitutional racial gerrymander. Thus, intervenor-respondents also requested that the Court deny petitioners’ requested relief and dismiss the proceeding.
CENSUS
Governor Hochul’s Budget Provides $3 Million for State Census 2020 Initiative
In her proposed state budget, Governor Hochul included $3 million to support for a Census 2030 effort. This is the first time that census funding has been recommended in a state budget several years in advance of the decennial federal census.
Legislation is already pending in the Senate and Assembly (A.5864- Solages/S.6898-Cooney) tp creates a state census assistance office and a complete count commission, making it more inevitable that the state will begin moving forward on the census later this year.
It is anticipated that budget negotiations will determine if more funding will be provided. The Solages-Cooney legislation included $15 million for state census funding.
Witnesses from the New York State Census Partnership and other pro-census supporters are expected to testify on support of increased state census activity at the joint Senate-Assembly Aid-to-Localities budget hearing on February 11th.
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
The Attorney General’s Office has released a new version 2 of the Handbook for Jurisdictions Subject to Preclearance, which is also available on the OAG website. This version of the Handbook includes expanded guidance for covered entities, in order to assist with the preclearance process.
The manual can be accessed here:
https://nyvra-portal.ag.ny.gov/public/manual
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 sesion. 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).
Two New York State CLE credits will be provided to participants. There is no fee to view the program. You can register here: https://nyls.wufoo.com/forms/q17dd6is1cw54v4/
AROUND THE NATION
MARYLAND: Maryland state legislators are holding a hearing today on a propoal to redraw the state’s congressional map this year. A new map would be expected to make it harder to elect a Republican to Congress. This action is being seen as retaliatory measure for actions taken by Republicans in other states.
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 and Esha Shah.