This week- Jim Walden Remains on NYC Ballot; NYS Court Of Appeals Considers Even Year Voting Law; NY Voting Rights Act Litigation; NY Attorney General Preclearance Activity, Around the Nation: Missouri Sends New Congressional Map to Governor
ELECTIONS
Stuck on the N.Y.C. Ballot (with Jim Walden)
This past week, a dispute between a candidate seeking to remove his name from New York City’s general election ballot and the City Board of Elections highlighted a quirky, manipulable policy in state Election Law that could impact the outcome of this year’s NYC Mayoral election, were it to result in a very close contest.
Jim Walden, an independent mayoral candidate who filed enough signatures in the spring to secure an independent ballot line in the general election and who qualified for public matching funds from the Campaign Finance Board, had hoped for a breakout moment to gain serious electoral traction over the summer. When the surge didn’t materialize, the candidate suspended his campaign and publicly withdrew from the race in early September—well before the general election ballot had been certified by the Board of Elections or printed by its vendors. The candidate then asked the Board to remove his name so the zombie candidacy wouldn’t appear on the ballot where it could confuse voters or siphon off votes from active candidates.
The Board refused the candidate’s request (@ 00:39:05) to remove his own name from the running, on the basis that the election law doesn’t actually provide a straightforward way to get off the ballot at this stage due to mere non-viability or lack of interest (see EL § 6-146(4)). The deadline here was May 30th, or at the latest—where there’s a contested party primary—an independent candidate must file a declination by the third day after the primary (EL § 6-158(11)), a pre-Covid policy-relic which seems to presume that the outcome of a competitive primary will be sufficiently clear several days prior to the Board’s canvassing of thousands of timely vote-by-mail and provisional ballots (see EL § 9-209). Walden argued that the First Amendment principles which protect a citizen’s right to participate in their government by running for office must extend to permit the citizen to not run for office; that there was no party objecting to his request; and that at this stage the public interest would be advanced by removing his name. Walden also pointed out that CFB had accepted the withdrawal, freezing his funds.
That said, the Board was on firm legal footing. Walden filed an Article 78 action, but New York County Supreme Court Judge Jeffrey Pearlman refused to disturb the Board’s decision, finding it was neither arbitrary nor capricious. Election Law deadlines are typically strict and unforgiving (EL § 1-106(2) (“The failure to file any petition or certificate . . . shall be a fatal defect”)). The candidate’s filing was way out of time and the post-deadline declination off-ramp is exceptional (candidate death; candidate acceptance of a judicial nomination; or a disqualifying residency change). Another exception permits a declination up until the ballot is certified, but only where a criminal charge is brought or a conviction is obtained post-nomination/designation (EL § 6-146(7)). This 2022 addition implies (and to some, confirms) that the Legislature intends the exceptions to be finite.
While this may firm up the 2025 mayoral ballot, it highlights a straightforward reason to clean up this area of the election law. For years, tactical shenanigans and disingenuous candidacies have been used as ballot access workarounds. Assuming they view this as a problem to be fixed, the majorities in Albany will have a fresh opportunity to do so when they return in January.
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 state can move most local elections to even year voting when federal and state candidates appear on the ballot. On June 11, the plaintiff group filed an appeal arguing that the Appellate Division’s ruling should be reversed.
On September 8, the New York Court of Appeals heard plaintiff’s (petitioner’s) appeal in the case of County of Onondaga et al v. Hochul, for nearly two hours, focusing on the core issue of the constitutionality of the Even Year Local Elections Law (EYEL).
First, petitioners argued that the EYEL is unconstitutional because it violates the state constitutional guarantees for “home-rule” by forcing counties to change their terms. Second, petitioners argued that the EYEL pushes the distinction between general law and special law to the wayside because it takes terms of local office and claims it is of statewide concern. Third, petitioners contended that the EYEL would result in voter drop off and lead local races to be ignored because it would lump two times the voter turnout, causing longer lines, and voter burnout.
The respondent countered that the EYEL is constitutional under the New York State constitution, specifically Article IX, § 2(b)(2), which grants the state authority to enact general laws affecting local governments. First, the respondent argued that the EYEL does not infringe upon a locality’s ability to adopt alternative forms of government. Second, the respondent argued the EYEL is a general law that applies uniformly and does not target specific municipalities. Third, the respondent argued that although there may be some voter drop off, the existence of mail-in voting and sufficient resources to ensure low wait times, mitigates these concerns. Finally, the respondent argued the risks must be weighed against the law’s purpose and broader impact on electoral integrity.
This case awaits a decision by the New York Court of Appeals.
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
782 NYC Board of Elections (Queens)
Regarding Early Voting Site Korean Community Services to Our Lady of the Blessed Sacrament, Early Voting Site Our Lady of Grace Catholic Academy to St. Helen Catholic Academy and Election Day poll site PS 101 to American Legion Post #1424.
783 NYC Board of Elections (Manhattan)
regarding Early Voting poll site changes in New York County — We are relocating Early Voting Sites BMCC Fiterman Hall to BMCC Murray Street, John Jay College Shiva Galler to John Jay College Westport Building ( and West Side High School to Cathedral Church of St. John Divine.
783 NYC Board of Elections (RIchmond)
Regarding relocation of two election districts currently located at PS 23 back to their long-standing Election Day poll site at the Richmond Town Library.
781 NYC Board of Elections- under review
Regarding relocation of the Election Day poll site Glebe Avenue Senior Center (HASNO 11004) to PS/MS 194 (HASNO 11180). This change would affect 2 election districts and approximately 3,145 voters.
781 Suffolk County BOE- poll site relocation
Requesting to permanently change a polling location at request of facility used for public safety to nearby library.
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
AROUND THE NATION
Missouri: Legislature Sends New Map to Governor For Approval
The Missouri Senate recently concluded a special session by passing a new congressional map and a proposal aimed at restricting the initiative petition process. The redistricting plan, approved by a 21-11 vote, seeks to convert U.S. Rep. Emanuel Cleaver’s Kansas City-based 5th District into a Republican-leaning seat, marking a significant reversal from past legislative sessions.
This push for new district lines was notably influenced by President Donald Trump, who reportedly pressured GOP-led states like Missouri to enact new maps before the 2026 midterm elections. The measure faced strong opposition from Democrats, who questioned the constitutionality of mid-decade redistricting, citing the use of outdated census data and potential violations of equal population standards.
Concerns were also raised about the map’s impact on communities, particularly the splitting of Kansas City along Troost Avenue, which historically divided Black and white communities, potentially diluting African American voting power in violation of the Voting Rights Act. Immediately following its passage, multiple lawsuits were filed by groups including the ACLU of Missouri and the Campaign Legal Center, contending that the new map violates state constitutional requirements for compactness and equal population, and that no provision authorizes mid-decade redistricting.
The future of both the new congressional map and the initiative petition reforms remains uncertain, as they face significant challenges outside of the legislature. A group named “People Not Politicians” has announced plans to collect over 100,000 signatures across six of the eight congressional districts to place the new map before Missouri voters in a statewide referendum. If enough signatures are gathered within 90 days of the special session’s end, the map would not go into effect unless approved by Missourians. This process could potentially delay its implementation past the 2026 election cycle.
While the Secretary of State’s office initially rejected the referendum submission, the group plans to resubmit once Governor Mike Kehoe signs the bill, which he has 45 days to do. Concurrently, the Senate also approved a proposal that would require constitutional amendments initiated by voters to pass statewide and in all eight congressional districts, a move its backers say ensures broad consensus for changes to the state constitution. This reform, however, has drawn criticism from Democrats and powerful groups like the Missouri Association of Realtors and the Missouri AFL-CIO, who are prepared to spend millions to defeat it, arguing it significantly weakens the public’s power to circumvent the legislature.
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 MIchelle Davis (redistrictingonline.org).