This week- Newburgh State VRA Challenges Moves to Court of Appeals While Another Moves to A Hearing;State VRA Preclearance Updates Upcoming Events, Around the Nation: VRA Section 2 Private Rights of Action Rehearing Requested, Arkansas & Wisconsin Congressional Litigation
By Jeff Wice, Esha Shah, Jarret Berg and Alexis Marking
LITIGATION
Westchester County: Serratto et al. v. Town of Mount Pleasant (N.Y. Voting Rights Act)
On June 4th, the state supreme court approved the parties’ joint request to postpone the scheduling conference due to a recent order from the Appellate Division, Second Department in Clarke v. Newburgh. On June 6th, the court adjourned the conference to September 16th.
Orange County: Clarke et al. v. Newburgh (N.Y. Voting Rights Act)
The case challenging the state Voting Rights Act coming out of the challenge to the Town of Newburgh Town Board has been caught up in procedural motions. However, the appeal is now going to the state’s highest court, the Court of Appeals.
On June 3rd, counsel for the plaintiffs filed an order by the Appellate Division on May 23rd. The order dismissed two appeals by the Town of Newburgh and its Town Board: (1) An appeal of an order from May 12th, which ruled that the defendants had failed to establish that the Appellate Division has not issued a remittitur; and (2) An appeal of an order from May 15th, which found that the proper venue for this matter is the Westchester County Supreme Court.
The Appellate Division dismissed these appeals and declined to grant the parties leave to appeal to the state Court of Appeals.
The Court of Appeals will hear this case in October.
LEGISLATION
New York to join ERIC, Improving Accuracy of Voter Rolls and Interstate Cooperation on Election Integrity
This past week, the State Assembly unanimously passed A3649B (Taylor), directing the State Board of Elections to join a multistate voter-registration list-maintenance organization known as ERIC, the Electronic Registration Information Center.
The proposal, which also unanimously passed the state Senate in late March (S1356A (Skoufis), will be sent to the Governor for review and enactment before the end of the year–one of the only significant election reforms to make it through both chambers during the 2025 legislative session thus far, with Senators scheduled to depart Albany later this week for the rest of the year, and the Assembly set to depart just days later. As Capitol Confidential reported on Friday, at this time in the session Albany has passed “less than half as many bills this year versus 2024”, a feat at least partly owing to a budget process that overran the state budget deadline by a month, required a dozen funding extenders, and consumed the bulk of the 2025 session.
ERIC is a bipartisan multistate voter list maintenance organization that supports 25 member-states and their election administrators by aiding them in identifying and removing ineligible voters from their voter rolls. As the bill explains, ERIC helps improve the accuracy of America’s voter rolls and increases access to voter registration for eligible citizens. Keeping voter rolls accurate and current is an ongoing data challenge since voter registration is tied to residency and thousands of Amercans are constantly moving residences, aging into the voting population, naturalizing, or passing away. Eric works by requiring member states to share voter registration data at least once every 60 days. This data is used to produce four “list maintenance” reports to maintain accurate voter rolls as an “Eligible but Unregistered Report”, a National Change of Address report, and a Voter Participation Report after federal elections to track participation. While illegal voting is rare, maintaining accurate registration records and streamlining data exchange among states reduces vulnerabilities and helps build confidence in election outcomes.
Joining ERIC, which was launched in 2012, is not a new proposal in New York. The bill passed the Senate unanimously in 2023 and again in 2024, and is widely supported by Let NY Vote Coalition advocates and partners like the state League of Women Voters, the Brennan Center for Justice, and Common Cause NY. If signed, the measure will be in place in time for the 2026 federal elections.
Pending State Election Law Legislation (from Let NY Vote)
Improving Election Administration: Split shifts for election inspectors and poll clerks to enable half-day shifts on Election Day
- S1842 (Senator Brad Hoylman-Sigal & A6183 by Assemblymember Deborah Glick)
- Status in the Senate: Passed in the Senate on March 11, 2025.
- Status in the Assembly: Passed in the Assembly on April 1, 2025.
Improving Election Administration: Require commissioners to complete uniform training curriculum within 6 months of their appointment
- S1035 (Senator Zellnor Myrie & A1228 by Assemblymember Rebecca Seawright)
- Status in the Senate: Passed in the Senate on January 13, 2025.
- Status in the Assembly: In Ways & Means Committee as of June 3, 2025.
Improving Election Administration: Increases compensation of election inspectors to $300 and of coordinators to $350 in New York City.
- S559 (Senator Liz Krueger & A1993 by Assemblymember William Colton)
- Status in the Senate: Passed in the Senate on April 30, 2025.
- Status in the Assembly: In Ways & Means Committee as of June 3, 2025.
Improving Election Administration: Establish local election commissioner as a full-time position outside of New York City.
- S1087 (Senator Shelley B. Mayer & A5056 by Assemblymember Jonathan Jacobson)
- Status in the Senate: Passed in the Senate on January 13, 2025.
- Status in the Assembly: In Election Law Committee as of June 3, 2025.
Improving Election Administration: Restructure and professionalize New York City Board of Election (NYC BOE), including reduction of NYC BOE from 10 to 2 commissioners, clarifying commissioner and executive staff responsibilities, & requiring nationwide search for Executive Director.
- S699 (Senator Liz Krueger & A1852 by Assemblywoman Nily Rozic)
- Status in the Senate: Passed in the Senate on May 28, 2025.
- Status in the Assembly: In Election Law Committee as of June 3, 2025.
Democracy During Detention Act
- S440 *Senator Zellnor Myrie & A2121 by Assemblywoman Latrice Walker)
- Status in the Senate: In the Elections Committee as of June 3, 2025.
- Status in the Assembly: In the Election Law Committee as of June 3, 2025.
Student Voter Empowerment Act
- S2056 (Senator Lea Webb & A3954 by Assemblymember Steven Raga)
- Status in the Senate: In the Elections Committee as of June 3, 2025.
- the Election Law Committee as of June 3, 2025.
Moving local elections to even-numbered years
- S5851 (Senator James Skoufis & A7369 by Assemblywoman Latrice Walker)
- Status in the Senate: Opinion Referred to Judiciary Committee as of June 3, 2025.
- Status in the Assembly: Opinion Referred to Judiciary Committee as of June 3, 2025.
Require better notice to voters before registration cancellation or put on inactive status
- S4364 (Senator Leroy Comrie & A2635 by Assemblymember Brian A. Cunningham)
- Status in the Senate: 2nd Report on Senate Floor Calendar as of June 3, 2025.
- Status in the Assembly: In the Election Law Committee as of June 3, 2025.
Voting Integrity & Verification Act of New York
- S7116 (State Senator Cordell Cleare & A6287 by Assemblymember Brian A. Cunningham).
- Status in the Senate: 2nd Report on Senate Floor Calendar as of June 3, 2025.
- Status in the Assembly: In the Election Law Committee as of June 3, 2025.
- Current Co-Sponsors of A6287:
Time extender for polling place disruptions
- S4602A (Senator Andrew Gounardes & A5846A by Assemblymember Edward Gibbs)
- Status in the Senate: In Elections Committee as of June 3, 2025.
- Status in the Assembly: In the Election Law Committee as of June 3, 2025.
Voter Protection Against Challenge
- A4095 (Assemblywoman Michaelle C. Solages & needs State Senate version, which was previously sponsored by Senator Zellnor Myrie)
- Status in the Assembly: In the Election Law Committee as of June 3, 2025.
VOTING RIGHTS ACT PRECLEARANCE
N.Y. Attorney General’s Office Preclearance Updates
581 Westchester County Board of Elections-poll site locations- granted
621 Erie County Board of Elections- poll site locations- preliminarily granted
421 Monroe County Board of Elections- under review
Numbers refer to submisson numbers
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
CENSUS
New York’s Booming and Shrinking Communities
In a June 6th Albany Times Union analysis, Ashley Soebroto takes a look at the some of growing and shrinking communities across the state. Among her findings:
-Since 2022, more than 100,000 people have moved into New York
In the North Country, the town of Dannemora has seen a loss in population exceeding 35%, from 4,898 to 3,115 people from 2010 to 2024, according to census data. In the Finger Lakes, the town of Groveland lost 34%, from 3,249 to 2,137 people. In central New York, the town of Georgetown lost 33%,vfrom 974 to 648 residents.
-“Many communities experiencing population plummets are not seeing huge numbers of residents disappearing. For example, the village of Dannemora was first in the state for percentage of population loss — 39%. But the number of fewer people counted, 1,552, is less than half of the 3,447 people the city of Jamestown lost — which, raw numbers-wise, saw the greatest population decline in the state for the same time period.
But for the small towns and villages impacted, it still means huge shifts in life there — declining school enrollment, the closure of businesses and the eventual scaling back of available jobs, health care and other essential services.
Birth rate declines are impacting populations everywhere. And people leaving communities with fewer jobs and affordable housing is a trend that continues. But New York has other unique factors at play. Far-flung communities that arose around state prisons, like Dannemora, have been impacted by changes in the criminal justice system and the closure of beds (those incarcerated were once counted in New York, where they were held). In at least one case, extreme weather drove out residents.
-Several communities are increasing in population, especiallytowns on Long Island, suburbs outside Albany and Buffalo, and Orthodox Jewish communities north of New York City tOrthodox Jewish communities north of New York City
-The town of Southampton in Suffolk County increased its population by 24%, (13,856 people) from 2010 to 2024.
In another Times Union article by Lana Bellamy, it was reported that “The village of Kiryas Joel, coterminous with the town of Palm Tree, is a well-known Hasidic Orthodox Jewish community. In 2010, its population of more than 20,000 was already large compared to other villages. Then, it more than doubled to 43,863 by 2024, according to U.S. Census Bureau data.”
AROUND THE NATION
North Dakota: Federal Voting Rights Act Private Right of Action
The U.S. Court of Appeals for the Eighth Circuit will consider a petition for rehearing en banc in the case of Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, et. al. v. Secretary of State of North Dakota. The plaintiffs (appellees), Native American tribes, originally challenged North Dakota’s legislative redistricting under Section 2 of the federal Voting Rights Act (VRA), alleging it discriminated against Native American voters.
A panel of the Eighth Circuit ruled that Section 2 of the VRA is not privately enforceable, arguing it does not create individual rights or provide a mechanism for private plaintiffs to sue. In response, the appellees are seeking rehearing, claiming the panel’s decision conflicts with legal precedent and effectively denies citizens of the Eighth Circuit the same enforcement rights afforded in all other circuits.
Appellees argue that in Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the Eighth Circuit found it unclear what to do when a statute focuses on both the right-holders and those violating the rights. The current decision as well as the Arkansas case contradict the decision in Talevski, a U.S. Supreme Court case, affirming that statutes can secure individual rights even if they mention both right-holders and those that might threaten those rights.
Appellees also argue that Section 2 contains clear rights-creating language protecting citizens from racial discrimination in voting. Furthermore, U.S. Supreme Court precedent from 1996 in Morse v. Republican Party of Virginia confirms Congress’s intent that Section 2 be privately enforceable.
Lastly, appellees in their motion argue that the Eighth Circuit stands alone among federal circuits in denying a private right of action under Section 2, creating a nationwide split. Therefore, the appellees urge the court to rehear the case because this issue is of exceptional importance, as denying private enforcement could render Section 2 ineffective and unenforceable.
ARKANSAS: A three-judge federal panel has now upheld Arkansas’ congressional redistricting maps. The lawsuit was initially brought by the Christian Ministerial Alliance in May 2023, alleging racial discrimination in the redrawing of the second congressional district.
Pulaski County was divided into three districts during the 2021 redistricting and the county had been in one district prior to the new maps. The lawsuit argued that the redistricting was racially discriminatory because it diluted Black voting power by fragmenting a Black community. In the panel’s decision, the judges stated that “the evidence does not back up their claims.”
WISCONSIN: Three lawsuits have been filed against Wisconsin’s congressional plan, arguing that the maps violate the state’s constitution. One challenge alleges malapportionment—meaning that the electoral districts have different ratios of voters to representatives, which can lead to unequal representation. Another challenge argues this plan contains violations of the separation of powers and partisan gerrymandering.
A third lawsuit alleges anti-competitive gerrymandering. Here, the complaint argues that the current plan intended to mirror Wisconsin’s 2011 plan, which protected incumbents from competition. The complaint also includes information on how uncompetitive the races have been under the current plan: in 2022 and 2024, almost every district was won by at least ten points and the median margin of victory was almost thirty points.
The Wisconsin Supreme Court will now decide whether to hear any of these lawsuits. If the Court does so, the plaintiffs have requested a decision in time to redraw the maps before the 2026 election.
UPCOMING EVENTS
The NYC Charter Revision Commission is considering including a proposal on the city ballot to open its closed primary system to independent voters who currently cannot vote in party primary elections. Public hearing are being held for comment:
- Bronx, Tues 6/10: 3rd Floor Café in Building C / East Academic Complex at Hostos Community College, 450 Grand Concourse 10451
- Staten Island, Mon 6/23: Main Hall in Building B at Snug Harbor Cultural Center, 1000 Richmond Terrace 10301
- Manhattan, Mon 7/7: Langston Hughes Auditorium at Schomburg Center for Research in Black Culture, 515 Malcolm X Boulevard 10037
Comments can also be sent to: https://www.nycopenprimary.com/take-action-crc
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 and the New York City Council. This report was prepared by Jeff Wice, Esha Shah, Jarret Berg and Alexis Marking.