This week- Sen. Gianaris Discusses Redistricting Reform, Voting Rights Act Litigation, NY Attorney General Preclearance Activity, Around the Nation: Utah, Missouri
REDISTRICTING
Senator Gianaris Discusses New York Redistricting Reform
In an interview with on WPIX-TV with host Dan Mannarino, State Senate Deputy Majority Leader Mike Gianaris discussed options for redistricting reform in New York. Gianiaris and Assemblyman Micah Lasher (D- New York) recently introduced a constitutioal amendment to permit the New York state legislature to bypass the bippartisan Independnet Redistricting Commission and redraw congressional maps in future decades if any other state does so mid-decade.
Gianaris is the Senate’s key leader on redistricting issues and serves as the co-chair of the legislature’s redistricting task force. The Senator talked about the calendar and the various options the legislature can consider before it passes a constitutional amendment to reform the state redistricting process before the 2030 cycle gets underway.
One option for redrawing New York’s map would involve obtaining a court order. This would come through new litigation challenging the current map for a constitutional violation. An action would need to be filed in state supreme court in New York City, Westchester, Albany, or Erie counties. A decision would need to be reached within 60 days followed by a likely appeal by the losing party in the Appellate Division. Following that, an appeal would go to the state Court of Appeals. With the November 2026 election cycle getting underway with petitioning in late February- just short of six months from now, the chances of a fully litigated case being decided are getting narrower by the day.
The more likely route for a remapping would be for the state legislature to approve the Gianaris-Lasher amendment permitting mid-decade redistricting or another amendment by the end of next year’s session. This would be followed by a second vote by the legislature elected next year and then a vote of the state’s electorate.
Recent comments by Speaker Carl Heastie indicate that the legislature may consider other redistricting reforms as well.
The interview with Senator Gianaric can be viewed here:
https://www.youtube.com/watch?v=B2bAgilPmrM
LITIGATION
Orange County: Clarke v. Town of Newburgh
Clarke v. Town of Newburgh
In this ongoing voting rights action, local Hispanic voters alleged that the Town’s at large method of election for Town Board members dilutes the voting power of Black and Hispanic voters in violation of the New York Voting Rights Act (NYVRA).
On August 5th, New York Attorney General Letitia James, filed a brief in the New York Court of Appeals. First, the Attorney General argues that the Town lacks capacity to challenge the NYRA’s vote-dilution provisions on its face because the Town, as a municipal entity, cannot challenge the constitutionality of a state law when it is named a defendant since towns are created by the state and act as its agents. Further, the Attorney General argues that allowing a municipality to challenge a state statute with conclusory assertions would disrupt the relationship between the State and its political subdivisions.
Second, the Attorney General argues that the NYRA comports with the Equal Protection Clauses of the federal and state constitutions because the NYVRA’s vote-dilution prohibition is a race-neutral antidiscrimination law that stops local governments from using voting systems that result in racial discrimination. Further, the Attorney General argues that the NYVRA’s prohibition against vote dilution is a rational means of remedying discriminatory electoral practices.
Third, the Attorney General argues that the Court should not consider the Town’s request to construe the NYRA as requiring proof of additional elements because the Town never raised this alternative argument to the lower courts and the statute is plainly constitutional on its face.
On August 19th, the Town of Newburgh filed a reply arguing that the vote-dilution provisions of the NYVRA violate the Equal Protection Clauses of the U.S. Constitution and the New York Constitution because the provision triggers strict scrutiny by distributing burdens or benefits on the basis of individual racial classifications. The Town further argues that the NYVRA vote-dilution provisions fail strict scrutiny because they do not advance an interest in remedying effects of racial discrimination because they do not require proof of past discriminatory conduct.
Further, the Town argues that if the Court does not invalidate the NYRA’s vote-dilution provisions, it should then define the additional elements that these provisions require plaintiffs to prove, for example, that changing the election system would give voters of the relevant racial group a fair chance to elect their preferred candidates.
The Town also argues their capacity to raise its facial challenge to the NYVRA’s vote-dilution provisions because local governments can challenge a law under the “dilemma” exception if following the law would force them to violate the Constitution. Further, the Town argues that since it is defending itself, the usual rule barring challenges does not apply because it would violate the Supremacy Clause of the Constitution.
The Court of Appeals will hear this case on Tuesday, October 14th.
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
781 New York City BOE- poll site locations- under review
782 New York City BOE poll site locations- under review
761 Nassau County BOE- poll site locations- granted
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
AROUND THE NATION
Utah Congressional Map Rejected: Utah’s redistricting fight reached a turning point last Monday when Third District Court Judge Dianna Gibson ruled that lawmakers unconstitutionally repealed the voter‑approved Proposition 4 and ordered the Legislature to enact a remedial congressional map for the 2026 cycle. Proposition 4 passed narrowly by voters in 2018 and was branded “Better Boundaries.” Prop 4 created a seven-member independent redistricting commission and required maps to meet neutral criteria, including equal population, compactness/contiguity, maintaining cities and counties together, respecting communities of interest, and forbidding the drawing of districts to favor or disfavor a party or incumbent unduly. The Legislature could enact or reject the commission’s proposals, but had to consider them and explain any rejection. In 2020, lawmakers replaced Prop 4 with SB200, converting the commission to an advisory body. The order enjoins the 2021 plan and revives Prop 4’s anti‑gerrymandering standards. A compliant map must be delivered by 5 p.m. Sept. 24 (or within 24 hours of enactment). If legislators miss the mark, or if their map fails to comply, plaintiffs and other parties may submit alternatives, with proceedings running through November 1.
Republican leaders signaled they may appeal to the Utah Supreme Court and possibly the U.S. Supreme Court. Gov. Spencer Cox also criticized the posture that led to the ruling. The practical stakes are real: before the 2021 maps, one of Utah’s four U.S. House seats was competitive; today, Republicans dominate all four. A remedial map drawn under Proposition 4 could reintroduce competition ahead of the 2026 midterms, placing Utah squarely in the national mid‑decade redraws that could shift House margins.
Missouri: Governor Calls Special Session: Missouri Gov. Mike Kehoe (R) called for a special legislative session to begin on September 3rd to redraw congressional districts and limit voters’ powers to pass laws through ballot initiatives.
Kehoe wants the legislature to pass the “Missouri First Map” that would help eliminate one congressional district now held by a Democrat.
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 and Michelle Davis (at redistrictingonline.org).