This week- Raj Goyle: How N.Y. Can Blunt Texas Redistricting; Even Year Voting Law Before Court of Appeals; NY Voting Rights Act Litigation; NY Attorney General Preclearance Activity, Around the Nation: Texas Congressman Challenges California; Upcoming Events
REDISTRICTING
Opinion: How N.Y. Can Blunt Texas redistricting
In a guest column published on September 6, 5Boro New York at Citizens Union board cochair Raj Goyle, speaking for himself, discusses how New York can have a new congressional map in place for 2026 elections through a lawsuit and getting a court to reject the current map and order the legislature to draw a new map.
He argues that “New York’s Constitution blocks redistricting until after the 2030 census, but there’s a path to do so, and it runs through the courts. Our Constitution explicitly allows new maps if a court orders them, which is precisely what happened in the 2024 cycle. The highest court in New York found the 2022 process unconstitutional and ordered new maps. Similarly, a plaintiff could sue now to determine if the current maps violate the constitutional criteria for fairness; if they do, the court could order new maps in time for the 2026 election cycle.”
Since petitioning for the 2026 congressional election cycle will get underway in late February, 2026, a state court complaint would need to allege a violation of the state constitution. Most likely, a challenge would focus on the failure of the map to properly account for compactness, contiguity errors, the need for communities of interest, or be based on other criteria.
New York’s constitution does not rank order criteria in priority order and the state courts singled out only one criteria banning partisan gerrymandering when the map drawn by the legislature was rejected in 2022. Several justices dissented from that ruling and the Court of Appeals now has a new chief judge and a different makeup than it had in 2022.
In 1992, the State Court of Appeals reversed a lower court ruling based on prior constitutional standards and held that the State Senate map approved by the legislature was acceptable even though it violated one criteria against splitting counties in the Senate map.
Goyle’s column can be read here: http://bit.ly/3V6X0DZ
LITIGATION
County of Onondaga et. al. v. Hochul: Even Year Local Elections Law
In May 2025, the Appellate Division’s (Fourth Department) reversed a lower court ruling and determined that New York can move most local elections to even year voting when federal and state candidates appear on the ballot. Following this decision the Onondaga County plaintiff group announced that it would file an appeal in the State Court of Appeals.
On June 11, the county plaintiff group filed a brief in the New York Court of Appeals arguing that the Appellate Division’s ruling should be reversed because Article IX § 1(h)(1) of the New York State constitution grants counties the right to set terms of office for its local officials. The plaintiff group thus argues that the Appellate Division wrongly relied on § 2(c) of Article IX, which is not applicable to county charters.
Further, the plaintiff group argues that the Appellate Division was hard pressed for time in making its decision, thus wrongly determined that the Even Year Elections Law (EYEL) is a general law, when it will apply differently in some counties instead of “in terms and in effect apply[ing] alike to all counties” as state law requires.
The plaintiff group also argues that no state concern is substantial enough to allow EYEL to supersede the state constitution’s requirement that city supervisors be elected in odd-numbered years, and that the state has already missed any opportunity to apply EYEL to this year’s election cycle.
On July 9, the state Attorney General’s office filed a brief arguing that the Appellate Division’s ruling should be affirmed. First, the Attorney General argues that nothing in Article IX of the state constitution gives local governments the absolute right to control the timing of elections or terms of local offices. Second, it argues that the EVEL is a general law because the Court of Appeals has previously held that a statute qualifies as a general law even if it does not apply alike to all counties, thus other than certain exceptions, like three-term positions or villages, EYEL governs elective offices in all counties and towns.
Third, it argues that county and town officers are often responsible for implementing state law, and the state has an interest in ensuring those officers are representative of their constituents, thus the EYEL appropriately serves the state’s interest in encouraging voting in local elections by aligning those elections with state and federal elections, when participation is higher. Fourth, it argues that the EYEL should apply to this election cycle because there are no administrative burdens associated, and voters will have the opportunity to vote at the 2025 general election with full knowledge of the terms of office to be served by winning candidates.
The Court of Appeals will hear this case today at 2:00 PM.
Westchester County: Serratto et al v. Town of Mt. Pleasant
Assemblymember Latrice Walker and Senator Zellnor Myrie, were the chairs of the New York State Assembly’s Election Law Committee and former chair of the New York State Senate’s Election Law Committee when the John R. Lewis New York Voting Rights Act was enacted 2022 and were leading sponsors of the legislation. They are now seeking to file an amicus brief in the pending challenge to the Town of Mount Pleasant’s at-large town board. The case is trial in Westchester County state supreme court.
In a brief they hope to submit to the court, they argue that the trial court misunderstood the proper standard for showing the existence of racially polarized voting under Election Law. Their brief would argue that “(b)y requiring the Plaintiffs to prove “a divergence in the electoral choices of eligible Hispanic voters” from the choices of “non-Hispanic voters of all races and ethnicities,” rather than from the choices of the white majority, this Court made the NYVRA’s protection against vote dilution weaker than federal law, when it is designed to be stronger. This interpretation is contrary to what the legislature intended and undermines the purpose and intent of the NYVRA.”
Attorneys for the defendant town oppose permitting the brief to be admitted, arguing that 1. it would be Inappropriate to have the legislators submit new testimony and evidence not already in the summary judgment record to the prejudice of defendants, 2. the legislators would be presenting new evidence on the same arguments that the court already rejected, 3. their request to participate now is untimely, and 4. the court can revisit the appropriate standard for demonstrating racially polarized voting at the trial.
A decision on the amicus brief application is pending a decision by the judge.
A court conference preliminary to the trial scheduled for September 16th has been postponed to November18th in order for the court to consider a possible decision by the Court of Appeals in a similar state VRA challenge from the Orange County Town of Newburgh. The Court of Appeals will hear the Newburgh case on October 14th.
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
701 NYC Board of Elections- election calendar- granted
The proposed change would shift elections held for City office in New York City from odd years to even years, contingent upon a change to the New York State Constitution. The proposal was adopted by the Charter Revision Commission to be voted on at a referendum held on November 4, 2025.
801 Monroe County Board of Elections- poll site locations- under review
801 Erie County Board of Elections- poll site locations- under review
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
AROUND THE NATION
Texas GOP Congressman Challenges California Map
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. Over the past weekend, legislative democrats have been filibustering action in the legislature to keep it from acting.
UPCOMING EVENTS
September 10: The New York State Public Campaign Finance Board Commissioners’ Meeting will take place beginning at 2:00 p.m.
Immediately after, the New York State Board of Elections Commissioners’ Meeting will take place.
See https://elections.ny.gov/event/September-10-2025-commissioners-meeting for details
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 and Esha Shah.