This week- 11th Congressional District Remap Case Awaits Decisions from N.Y. Appellate Division & U.S. Supreme Court; Pending Census Litigation, Election Administration and Legislation News; Attorney General VRA Preclearance; N.Y.S. Census Partnership Seeks State Support for Census Efforts; Around the Nation- Virginia
LITIGATION
Congressional Redistricting
Williams et. al v. New York State Board of Elections et. al
As petitioning for the June 23rd primary is set to get underway on February 24th, uncertainty remains over the congressional map enacted in 2024 as the Appellate Division is expected to rule on next steps in the case that determined the 11th district to be unconstitutional under Article III, Section 4(c)(1) of the New York Constitution. A January state supreme court decision enjoined use of the map in future elections and ordered the Independent Redistricting Commission (IRC) to complete a new Congressional map by February 6. That deadline has passed with no direction from the appellate courts.
On January 26, counsel for intervenor-respondents, including Congresswoman Nicole Malliotakis (R) and individual voters, filed a notice of appeal to the Court of Appeals challenging the decision and order from the New York Supreme Court. Intervenor-respondents and respondents filed similar emergency motions for an interim stay and stay pending appeal in the Appellate Division, First Department.
On February 11, the Court of Appeals, on its own motion (after deliberating on the submitted papers), declined to hear the congressional case and transferred the appeal to the Appellate Division, First Department.
On February 12, counsel for Rep. Malliotakis and the other voters , Republican Congresswoman Nicole Malliotakis and individual voters filed an emergency application for stay with the United States Supreme Court. The intervenor-respondents ultimately requested emergency relief from the U.S. Supreme Court by February 23, so that the election can begin on February 24, under the legislative adopted congressional map.
In their application, they argue that the U.S. Supreme Court would likely grant review and reverse because the trial court violated the Equal Protection clause by prohibiting New York from running congressional elections until the state “racially gerrymanders CD-11.” Further the intervenor-respondents argue that the trial court’s adjudication of this case violated the Fourteenth Amendment’s Due Process clause because it utilized a test that no party proposed or submitted, and that the trial court violated the Elections clause by distorting state law in a congressional redistricting case.
The intervenor-respondents further contend that a stay pending appeal is the only way to prevent substantial and irreparable harm to applicants and ensure that a congressional map is in place for the upcoming election cycle. Overall, the applicants attempt to frame the case as a clear federal constitutional violation, arguing that enforcing state-level protections now requires impermissible race-based action.
On February 12, New York Board of Elections Republican official Peter S. Kosinski, Anthony J. Casale, and Raymond J. Riley III also asked the U.S. Supreme Court for emergency relief to stay the order of the New York Supreme Court pending the resolultion of the appeal on the merits. The GOP Board members’ request centers on what it describes as immediate administrative disruption, claims the trial court adopted a novel legal standard without giving the parties an opportunity to fully litigate it, and that the trial court’s remedy is inherently race-based and would not withstand strict scrutiny, a compelling state interest, or that race-based redistricting is a narrowly tailored remedy.
On February 13th, the United States Solicitor General filed an amicus brief supporting the granting of an injunction pending appeal by the Supreme Court. In addition to other factors favoring a stay, the DOJ mainly argues that the trial court’s decision is an unconstitutional racial gerrymander because race predominated the trial court’s decision, and that no compelling interest justifies race predominance here.
Also on February 13, counsel for the intervenor-respondents, informed the Appellate Division of their appeal to the U.S. Supreme Court, explaining that given the exigencies that they had no choice but to seek relief from the U.S. Supreme Court to allow federal elections to begin as scheduled on February 24, but would welcome the Appellate Division’s immediate intervention granting the Emergency Motion for Interim Stay.
Since the intervenor-respondent’s emergency application for a stay was filed with Justice Sonia Sotomayor, associate justice and the circuit justice for the Second Circuit, Justice Sotomayor can deny the stay herself or refer the request to the full Court. As of now, Justice Sotomayor has asked for a response from the original petitioners by February 19th.
In the meantime, the Appellate Division is expected to rule on the case before February 24th but no decision dates have been announced by the state court.
CENSUS LITIGATION
Florida – University of South Florida College Republicans et al v. Lutnick et al
On September 15, 2025, University of South Florida College Republicans and Pinellas County Young Republicans filed a lawsuit challenging the legality of the U.S. Census Bureau’s statistical methods used for the 2020 Census. Plaintiffs alleged that the Bureau’s estimation of populations in group quarters was inaccurate and resulted in the “dilution of representative power of lawful citizens,” mostly Republican voters. Plaintiffs further alleged that by adding statistical errors to protect confidentiality, the Bureau created systematic bias and geographic disparities with the most errors among Hispanic residents and in multiracial populations. They argued that the Bureau’s statistic methodologies violated the Constitution and federal law. Accordingly, plaintiffs sought relief enjoining the Bureau from using the same statistic methodologies for the 2030 Census report.
On February 3, 2026, the United States District Court, Middle District of Florida, Tampa Division, granted intervenor-defendants’ motion to dismiss in which they argued, in part, that the Court must dismiss plaintiffs’ Complaint because it is barred by the four-year statute of limitations in 28 U.S.C. § 1658. The Court held that the statute of limitations began to run when the Census Bureau carried out the conduct that Plaintiffs challenged, conduct that concluded, at the latest, in August 2021. It so follows that because Plaintiffs filed their complaint in September 2025, their claims are barred.
Missouri – State of Missouri et al v. United States Department of Commerce et al
The office of Missouri Attorney General Catherine Hanway filed a lawsuit on January 30, 2026, seeking to block non-citizens from being counted in the 2030 U.S. Census. Plaintiffs here are also asking the Court to declare that the 2020 Census method violated federal law and to require the Bureau to “redo” the 2020 Census. Plaintiffs allege in their complaint that undocumented immigrants who lack lawful status as well as those with temporary visas, should not be counted because representation is based on “the People.” Plaintiffs claim that Missouri experienced harm because of the inclusion of these individuals in the 2020 Census. They allege that counting undocumented immigrants and individuals with temporary visas in the Census inflates the population of states with large populations and shifts House seats and Electoral College votes away from smaller states like Missouri. Additionally, plaintiffs argue their votes are diluted because representation is redistributed based on inflated population counts. This case is currently ongoing, and the Court is waiting on defendants’ response to an order for a 3-judge panel.
Utah – Powers Gardner et al v. Henderson
In Utah, elected officials filed a lawsuit on February 2, 2026, challenging a state order to adopt a fairer statewide congressional map. In its complaint, Plaintiffs argue that including individuals who are unlawfully present or only temporarily in the United States in the decennial Census apportionment base lacks legal bases. Their rationale is that counting individuals without lawful status improperly shifts political power among states. Further, plaintiffs claim that the current policy has concrete consequences for Utah: loss of congressional representation, loss of presidential electoral influence, and ongoing injury in terms of suffering representational harm in future censuses. On February 18, 2026, a three-judge panel will hear arguments on plaintiffs’ motion for a preliminary injunction to block the state court-ordered map from being used in the 2026 midterms.
ELECTION ADMINISTRATION AND LEGISLATION
On February 11th, Onondaga County Democratic Board of Elections Commissioner Dustin Czarny testified before the Senate Finance and Assembly Ways & Means Committees on funding for election activity. Excerpts from Commissioner Czarny’s testimony follows:
The year 2025 marked the end of an era for county Boards of Elections across New York State. The transformative Even Year Election Law will take effect beginning in 2026, with many local offices transitioning to federal election years. Town and county offices affected by the law will be fully seated in even-numbered years between 2026 and 2030. As these offices transition, Boards of Elections will face unique challenges. More offices and increased competition in federal years will result in longer ballots—potentially two-page ballots in some jurisdictions. The year 2026 is already shaping up to be unique.
Evidence from 2025 and special elections across the country suggests that 2026 may resemble a presidential election year more than a typical midterm in terms of turnout and intensity. County budgets for 2026 are usually adopted in the final quarter of the previous year, meaning many counties may be unprepared for unanticipated costs resulting from the Even Year Election Law transition and increased election intensity.
Since 2019, New York has implemented major election reforms, including Early Voting, electronic poll books, and universal voter registration transfers. We have also developed a robust vote-by-mail system, including the addition of Early Vote by Mail. These reforms have resulted in some of the highest vote-by-mail volumes outside of the pandemic years of 2020 and 2021. Additionally, we implemented a cure process to prevent the accidental disenfranchisement of absentee voters due to technical deficiencies. While no system staffed by human workers is without flaws, our Boards of Elections have risen to the challenge and maintained a strong and reliable election system in New York.
The Democratic and Republican commissioners of the New York State Elections Commissioner Association believe New York should move toward annual funding for local Boards of Elections, replacing the multiple grant sources currently in place. To that end, we are requesting $35 million in Aid to Localities funding for 2026. Greater flexibility at the county level would allow for more efficient use of funds. Some counties may need resources for vote-by-mail operations, others may require temporary staffing assistance, and still others may need equipment or supplies. We also recommend multi-year grants that do not expire at the end of each fiscal year, allowing counties to align purchasing decisions with election and procurement timelines. Many counties are also operating with aging electronic poll books that need to be replaced. The Executive Budget has addressed this issue in recent years, and I commend those efforts. Most poll books purchased in 2019 during the rollout of Early Voting were sixth-generation iPads. While these devices remain serviceable under the current version of iOS 17, counties are preparing to transition to iOS 26, which no longer supports fifth- and sixth-generation iPads. These devices will need to be replaced ahead of the June 2026 primary. We respectfully request that this grant funding be reallocated in 2026 to provide Boards of Elections with the necessary time and flexibility to complete this transition.
Annual state funding support is more important than ever. The future of federal election funding is uncertain, and New York is among the few states that does not provide annual funding streams for local Boards of Elections. Establishing such funding would eliminate the need for recurring annual requests, enable long-term planning, and ensure parity of service for voters across the state, regardless of where they live.
By establishing annual funding, New York can ensure that every county has the resources necessary to protect the right to vote. In addition to existing reforms, the state should provide clearer guidelines for minimum service levels at county Boards of Elections. This includes establishing staffing minimums tied to voter registration levels and mandating full-time commissioners, as modern political calendars require year-round engagement and oversight. These standards can be established and monitored by the State Board of Elections, preserving the independence of local Boards while ensuring counties and the state provide the resources necessary to fulfill our mission.
Assembly Election Law Committee Action
The State Assembly Elections Committee reported three bills last week:
A/599A (Paulin)To permit a candidate to voluntarily decline their party’s designation or nomination and be removed from the ballot if they are diagnosed with a serious health condition or have resigned the office for which they are nominated or designated to run for re-election.
A4233B (Dilan) to ensure that the statement of an absentee ballot printed on an absentee ballot envelop is consistent with the existing election law provision regarding the ability of a person to vote if they are not incarcerated for a felony conviction.
A8388 (Jackson) to permit college and university students to serve as election inspectors
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
1041 New York City Board of Elections- regarding early voting hours- under review
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
NY CENSUS BUDGET LEGISLATION
Last Week, Shamier Settle testified on behalf of the New York State Census Partnership on state funding and support for the 2030 census and budget support in the state’s FY 2027 budget. Her statement follows:
My name is Shamier Settle. I am a senior policy analyst at Immigration Research Initiative, a nonprofit,nonpartisan organization, and I am here today on behalf of the New York State Census Partnership, a statewide organization that includes civic and community groups, foundations and philanthropies, labor, business, academics, and others working for a complete and accurate 2030 census count in New York.
We recently learned that New York is projected to lose two or more congressional districts and electoral college votes after 2030. If our population is in fact smaller, that’s the way democracy works. But it’s a different story entirely if the state loses representation because we didn’t do enough to make sure everyone is counted. The margins can be very thin, and every person truly counts, New York State learned that lesson in 2020 after losing one congressional district by just 89 people.
And, the Census is not just about determining representation. It’s also about having accurate information for planning where to build schools, making decisions about business location, and having accurate demographic information about our communities. At Immigration Research Initiative, it’s data I work with every day.
The 2030 census is already underway.
The first step of the census is counting addresses. The state needs to invest in making a good count of addresses this year. It may seem early, but this lays the groundwork for the more visible work of community engagement that will need support as the 2030 census count grows nearer. The decennial census is a marathon, not a sprint.
The New York State Census Partnership supports Governor Hochul’s inclusion of at least $3 million for census funding in the state budget proposal for FY 2027. Her proposal includes creation of a census support
office and efforts to assist local governments to undertake the Local Update of Census Addresses (known as LUCA) program next year.
LUCA is the first major operation in the 2030 Census cycle and is the foundation for a full and accurate
population count. LUCA provides the only opportunity for state, local and tribal governments to review and correct that file before the census begins. LUCA involves deploying local workers to canvass and survey
every house in a town, county, and city. It takes immense time and effort. When a housing unit is missing from the address list, the people who live there are at risk of being omitted from the census entirely, which affects political representation, funding distribution, and planning decisions for the next decade. LUCA gets underway in 2027 but planning and preparation takes place in 2026.
The New York State Census Partnership also wants to go beyond the governor’s proposal. We support legislation introduced by Assemblywoman Michaelle Solages and Senator Jeremy Cooney (A.5864/S6898)
AROUND THE NATION
VIRGINIA: The Virginia House of Delegates approved a new congressional map last week designed to elect 10 Democrats and 1 Republican to Congress. The State’s Supreme Court also decided to permit voters to consider a referendum that would allow a new map to be used in the state’s 2026 elections.
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/
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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 Corinne Gumpman.