This week- Rep. Malliotakis Appeals Congressional District Map Ruling; NY Daily News Redistricting Explainer Column; Trump Administration Seeks State Voter Files; Governor Hochul Includes Census Funding in State Budget; Gianaris & Walker Seek to Limit Foreign Campaign Contributions; February 3rd Redistricting CLE; February 6 Census Webinar; Around the Nation- Maryland & Virginia
LITIGATION
Congressional Redistricting
Williams et. al v. New York State Board of Elections et. al
In a January 21 decision, Justice Jeffrey Pearlman in the New York County State Supreme Court 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 6th.
With the deadline only days away from now, the IRC has yet to schedule a meeting while the parties in the case seek direction from both the Appellate Division and the State Court of Appeals.
In the meantime, Speaker Carl Heastie appointed former Deputy Bronx Borough President Marricka Scott-McFadden to fill a vacancy on the IRC created by the passing last Fall of Elaine Frazier. The IRC now has a full complement of 10 members.
On January 26, counsel for the intervenor-respondents, Congresswoman Nicole Malliotakis and individual voters, filed a notice of appeal to the Court of Appeals challenging the decision and order from the New York Supreme Court. The intervenor-respondents seek an order reversing all portions of the decision and order, specifically that 1) the Supreme Court’s adjudication of this case was a violation of the Due Process Clause, basic principles of fairness, and the party-presentation principle, and not supported by the trial record; (2) Article III, Section 4 of the New York Constitution does not authorize the crossover theory that the Supreme Court adopted; (3) the Supreme Court’s order violates the Equal Protection Clause of the Fourteenth Amendment to The U.S. Constitution.
On January 28, Troutman-Pepper Locke, representing the intervenor-respondents, filed a memorandum of law in support of their emergency motion for interim stay and stay. In this, the intervenor-respondents argue they are certain to succeed on the merits of their appeal because 1) the NY Supreme Court’s adjudication of the case under a test that no party proposed is a violation of the due process clause, 2) Article III, Section 4 of the NYVRA does not authorize the crossover district theory, 3) the Supreme Court ordered the IRC to adopt a racial gerrymander which violates the U.S. Constitution, and 4) the Court violated the U.S. Constitution’s Elections Clause. Further, they argue a stay pending appeal is the only way to prevent substantial prejudice against them and ensure that a congressional map is in place during the upcoming election cycle.
On January 29, intervenor-respondents and respondents filed similar Emergency Motions for Interim Stay and Stay Pending Appeal in the Appellate Division. In their summary statement on application for interim relief, intervenor-respondents applied for a stay because of the immediate irreparable harm that would result from blocking the lawfully adopted 2024 congressional map where the election is set to get underway with candidate petition commencing on February 24th.
In a corresponding letter, intervenor-respondents requested that the Appellate Division, First Department, follow a similar briefing schedule. Counsel for the respondents, Peter S. Kosinski, Anthony J. Casale, and Raymond J. Riley, III, sent a similar letter to the First Department.
The Court of Appeals directed Plaintiffs to address whether a stay should be granted and directed both parties to brief whether the Court of Appeals has jurisdiction by February 4.
As the Elias Law Group stated in a letter to the Appellate Division on January 30, “In sum, Petitioners wish to stress that… the Appellate Division is the only court that presently has jurisdiction over the appeal. For the reasons Petitioners will explain in their forthcoming response and cross-motion, this Court should in due course deny the pending applications for a stay and also lift any automatic stay under CPLR § 5519 so that the IRC may conduct its full scope of work in preparation for the forthcoming congressional primary elections.”
Court responses along with additional briefs from the parties will provide a clearer picture on how this case will be resolved.
New York Daily News Explainer Column- Jeff Wice on New York Congressional Redistricting Litigation
Along with mid-decade redistricting actions in several other states, the lawsuit over the 11th Congressional District and resulting developments could have important ramifications to determine which party controls the House of Representatives in 2027. Read Wice’s “explainer” column here:
https://bit.ly/4kcJSsN
Case Review- New York State Republican Committee vs. Hochul
New York Republican State Committee v. Hochul remains active in federal court and has not resulted any merits decision or interim relief altering New York’s Even-Year Election Law. The litigation continues in federal court, with no injunction or other relief halting enforcement of the statute to date.
Background and Statutory Framework
In December 2023, New York enacted the Even-Year Election Law, which requires most local elections for county and town offices outside New York City to be held in even-numbered calendar years, aligning them with state and federal contests. The statutory justification was increased voter turnout and more efficient election administration; proponents argued that combining local races with higher-profile elections would enhance democratic participation.
Opponents contended that the law disrupted long-standing local election practices, interfered with home rule, and could confer partisan advantages by altering the electorate for local offices. Early challenges in state court were brought by several counties and municipalities, alleging violations of the New York Constitution’s home rule provisions. Some trial courts initially struck down the law, but these decisions were reversed by the Appellate Division.
In October 2025, the New York Court of Appeals unanimously upheld the statute, concluding that the Legislature acted within its constitutional authority and that the law did not violate home rule principles. Implementation is now proceeding for 2026 local elections.
Federal Litigation Posture
The federal lawsuit was filed in October 2025, shortly after the Court of Appeals’ decision. Plaintiffs include the New York Republican State Committee, several county and local Republican committees, a coalition of counties and towns, local candidates, and voters. In late December 2025, they filed an amended complaint, expanding the plaintiff pool and adding the New York State Board of Elections, Governor Kathy Hochul, and other state officials as defendants.
The amended complaint asserts claims under the First and Fourteenth Amendments to the U.S. Constitution and Section 2 of the federal Voting Rights Act. Plaintiffs argue that mandatory consolidation burdens political association and voting rights and that the timing shift dilutes votes in certain local elections.
As of early 2026, the case remains in preliminary procedural phases. No merits rulings have been issued on the constitutional or Voting Rights Act claims. The law remains fully operative, and no preliminary injunction has been granted. Discovery and briefing are expected to focus on threshold legal issues, including statutory interpretation and federal preemption.
Claims and Defenses as Framed
Plaintiffs’ federal claims mirror arguments rejected under state law but focus on federal constitutional protections, including First Amendment associational rights and equal protection under the Fourteenth Amendment. They also press a Section 2 Voting Rights Act claim, asserting that consolidating elections interacts with political and demographic realities in ways that burden minority voting strength.
Defendants, represented by the New York Attorney General’s Office, maintain that the State has broad authority to regulate the time, place, and manner of elections, including local contests. They contend that the law is a neutral regulation of election timing that applies statewide and does not categorically deny anyone the right to vote. The State also emphasizes longstanding precedent recognizing legislative discretion in election administration.
No dispositive motions have been resolved on the merits. Briefing and potential motion practice on threshold and substantive issues are expected as the case progresses. While the litigation continues, the Even-Year Election Law is in effect for 2026 local elections, and local offices will appear on the even-year ballot as scheduled.
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.
LEGISLATION
Gianaris & Walker Seek to Limit Foreign Campaign Contributions
In a column published in the February 1st New York Daily News, Senate Assistant Majority Leader Michael Gianaris and Assemblywoman Latrice Walker (chair of the Assembly Elections Committee) advocated for passage of the “Democracy Preservation Act,” (S.324/A.1258)legislation developed to prevent “corporations from spending money to influence elections if a single foreign investor owns 1% or more, or if multiple foreign investors own 5% or more. These thresholds are not arbitrary. They reflect levels of ownership widely recognized — including by organizations such as the Business Roundtable — as sufficient to influence corporate governance and decision-making.”
Read the column here: https://www.nydailynews.com/2026/02/01/n-y-must-block-foreign-influence-in-elections/?share=ilcntwmtnktyele2meow
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
There has been no preclearance activity in the past week.
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).
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/
Friday, February 6th from Noon to 1:00 PM
Understanding the Census- The Rochester Urban League presents a webinar on the census process and why it is important to begin organizing early for the 2030 process. New York Law School Professor Jeff Wice will be presenting. This is a ZOOM event and you can register to watch it here:
AROUND THE NATION
VIRGINIA: Virginia’s mid-decade congressional map effort was halted by a Tazewell County circuit judge who said lawmakers didn’t follow the basic procedural rules for putting a constitutional amendment on the ballot. The state legislature’s bid to install a new congressional map by constitutional amendment advanced in late October when the General Assembly, meeting in special session, approved a measure to permit enactment of a mid-decade redistricting congressional map effective for the 2026 mid-term election. A second passage was required in the 2026 session before the map could go to a voter referendum, which was completed on January 16th.
Republicans in Virginia promptly sued, and on January 27th, a Tazewell County circuit judge ruled that lawmakers didn’t follow the basic procedural rules for putting a constitutional amendment on the ballot. In plain terms, the court found three problems: first, the General Assembly used an ongoing special session that hadn’t been called for redistricting to pass the measure; second, legislators scheduled a spring 2026 referendum without meeting a longstanding statute that requires proposed constitutional amendments to be published for public inspection at least 90 days before the vote; and third, the “first passage” of the amendment wasn’t completed before the 2025 general election because early voting was already underway when the chamber voted, so it failed the constitutional requirement that passage occur both before and after a general election. The ruling blocks the measure from appearing on the 2026 ballot unless the process is restarted; Democrats have filed an appeal.
MARYLAND: The Maryland House of Delegates may take up a new congressional map this week but it remains unclear whether a new map will make it through the State Senate where the Senate President has raised concerns that any new map may fail if challenged in the state courts.
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, Alexandria Sanatore, and Michelle Davis (redistrictingonline.org)