This week: What Candidates and Political Professionals Need To Know As Election Day Approaches; Brooklyn Democrats’ Leadership Fight Continues in Court; Federal Court Challenge to Even Year Voting Slowly Advances; Attorney General’s Preclearance Activity; Cheektowaga VRA Case Proceeds in Erie County Supreme Court; Senator Shelley Mayer Appointed as LATFOR Senate Co-Chair; Proposed Census Changes Threaten Data Accuracy; Around the Nation (From Redistricting Network)
ELECTIONS
What Candidates and Political Professionals Need To Remember As Election Day Approaches
By Joseph T. Burns
With campaigns entering the homestretch of the 2026 election, the following is a list of important hints and reminders for candidates and everyone working on their behalf:
- Candidates and all committees supporting or opposing candidates running in the 2026 General Election are obligated to file their pre- and post-General Election campaign finance reports with the New York State Board of Elections.
- Candidates and committees should remember that most campaign advertising materials (for instance, palm cards and direct mail) now require a “Paid for by” attribution. A recently enacted law now applies this attribution requirement to public facing websites.
- Committees must remember to comply with the requirement that campaign materials be filed with the New York State Board of Elections.
- Any party committee, independent body whose candidates are on the General Election ballot, and any political committee supporting or opposing a proposition are entitled to have poll watchers.
- The chair or another officer of one of these entities is empowered to appoint watchers.
- Watchers must be qualified voters of the city or county in which they are appointed.
- Licensed New York State attorneys who reside in the state may be appointed as watchers for any poll site in the state.
- Early voting for the 2026 General Election begins on October 24, 2026, and ends on November 1, 2026.
- The last day to register to vote and be eligible to vote in the 2026 General Election is October 24, 2026. This is the date by which a registration must be received by the Board of Elections.
- The last day for a BOE to receive an application for a military, Special Federal or UOCAVA ballot for the 2026 General Election is October 27 (or October 24 if the voter is not previously registered to vote).
- The last day to apply in person for a military ballot for the General Election if the voter is previously registered is November 2.
- The last day for a BOE to receive an application by mail for an absentee/early mail ballot is October 24.
- The last day to apply in person at a BOE for an absentee/early mail ballot is November 2.
- The last day to postmark any mail ballot is November 3, 2026.
- Due to a change to the Election Law in 2021, mail ballots are now processed for canvassing as they arrive at the BOE.
- Those observing the processing of mail ballots by the BOE can no longer object to the BOE decision to count a ballot.
- Candidates and/or party chairs no longer have the ability to seek an order from a court for a BOE to not count a mail ballot that the BOE has determined should be counted.
- Candidates and party chairs, however, may still seek an order from a court requiring a BOE to canvass any ballots the BOE determined should not be counted.
Joseph T. Burns is a partner in the Holtzman Vogel law firm’s New York office. https://www.holtzmanvogel.com/professionals/joseph-t-burns
ELECTION LITIGATION
Brooklyn Democratic Leadership Fight Continues in State Court
Brooklyn Democratic Party: Julio Pena III et al v. Rodneyse Bichotte Hermelyn et al
On September 14, Judge Jill Epstein in Kings County Supreme Court issued a decision on the challenge to Democratic County Leader Rodneyse Bichotte Hermelyn’s move to change party rules adding dozens of additional voting members to the executive committee after progressive reformers led by the New Kings Democrats and the “Brooklyn Can’t Wait” coalition gained a majority to elect longtime district leader Julio Peña as the new chair this fall.
As a procedural matter, the court denied the respondent county party’s motion to dismiss for failure to join necessary parties, holding that the non-outgoing Executive Committee members, as well as sitting officers of the county and state committee (and former Executive Committee Chair Clarence Norman) were not necessary parties to this proceeding. This is because the petitioners named the Executive and Chair of the Executive Committee, thus the non-outgoing Executive Committee members’ interest were adequately represented, particularly since the petition challenged the overall vote rather than the validity of the individual votes, nor was anyone elected or nominated at the meeting. The court also determined that the matter was ripe for judicial review because the adopted rule changes were final and incapable of being cured through administrative channels.
Substantively, Judge Epstein recognized that the lawsuit raised an issue of first impression concerning party governance during the transition window between the June primary and the County Committee organizational meeting, driven by ambiguities in reconciling different provisions of the Election Law, a conflict the court left for the state legislature to ultimately address. Nevertheless, relying on Matter of Gibbs as binding and persuasive authority, the court held that allowing outgoing Executive Committee members to vote at the August 25, 2026 meeting was improper.
Consequently, the court granted the petition in part, declaring the August 25th vote and its resulting rule amendments a nullity, while issuing permanent injunction that restrains the respondents from implementing those changes and prohibit outgoing members from exercising authority on substantial matters moving forward.
On September 15th, the respondents filed their notice of appeal to the Appellate Division, Second Judicial Department as expected. The Appellate Division stayed the decision and set an order to show cause for both parties on September 16th.
The New York Republican State Committee’s lawsuit in the Eastern District of New York against the state and Governor Kathy Hochul challenging the state’s Even Year Election Law (EYEL) is ongoing.
The Court set out a briefing schedule for a potential preliminary injunction following its August 11th denial of the plaintiffs’ request for a pre-motion conference because it was deemed unnecessary under the judge’s individual rules.
If the plaintiffs choose to file a motion for a preliminary injunction, it must be submitted by September 21st. The state defendants’ opposition is due by September 28th and the plaintiffs’ reply is due by October 1st. Any arguments raised in the motion will be addressed alongside the defendants’ motion to dismiss at the previously scheduled conference on October 7th.
Even Year Voting Law Challenge Continues in Federal District Court
New York Republican State Committee v. State of New York
The New York Republican State Committee’s lawsuit in the Eastern District of New York against the state and Governor Kathy Hochul challenging the state’s Even Year Election Law (EYEL) is ongoing.
The Court set out a briefing schedule for a potential preliminary injunction following its August 11th denial of the plaintiffs’ request for a pre-motion conference because it was deemed unnecessary under the judge’s individual rules.
If the plaintiffs choose to file a motion for a preliminary injunction, it must be submitted by September 21st. The state defendants’ opposition is due by September 28th and the plaintiffs’ reply is due by October 1st. Any arguments raised in the motion will be addressed alongside the defendants’ motion to dismiss at the previously scheduled conference on October 7th.
N.Y. VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
1722 New York City Board of Elections (Brooklyn)- poll site locations- granted
1702 Orange County Board of Elections poll site locations- granted
1742 Erie County Board of Elections- poll site locations- granted
1843 Monroe County Board of Elections- poll site elections- under review
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
Erie County: State Voting Rights Act Challenge to Cheektowaga Town Board
Kenneth Young v. Town of Cheektowaga
On August 24th, the Erie County State Supreme Court issued a decision on the N.Y.S. Voting Rights Act (NYSVRA) challenge alleging vote dilution in the election of Cheektowaga town board members. The court denied Cheektowaga’s cross-motion for summary judgment and granted plaintiff’s partial summary judgment motion in part.
The plaintiff’s motion was denied to the extent that unresolved material issues of fact remained, as granting full relief at this stage would amount to issuing an impermissible advisory opinion.
However, the court granted partial summary judgment in favor of the plaintiff regarding Cheektowaga’s constitutional arguments, holding that precedent under Clarke v. Town of Newburgh precludes the town’s facial challenge to the NYVRA. Further, the court agreed with the plaintiff that the NYVRA does not usurp municipal or legislative authority, nor does it empower the Attorney General to require any political subdivision to implement any remedy. In the Clarke case, the State Court of Appeals dismissed a challenge to the validity of the state voting law because towns did not have standing to challenge state laws.
The decision set out a status conference for October 5th.
CENSUS & REDISTRICTING
Mayer Appointed as New State Senate LATFOR Co-Chair
Westchester County Senator Shelley Mayer has been appointed by Senate President Pro Tem Andrea Stewart Cousins to serve as Co-Chair of the state legislature’s Legislative Task Force on Demographic Research & Reapportionment, known as LATFOR. The task force, created in 1978, serves to help the legislature draw new maps for the state’s congressional and state legislative districts. Senator Mayer replaces Michael Gianaris who resigned from the Senate after the 2026 regular session ended. Mayer also replaced Gianaris as chair of the Democratic Senate Campaign Committee. She is also chair of the Senate Education Committee. Earlier this year, Speaker Carl Heastie appointed Assemblyman John McDonald to serve as the Assembly LATOR Co-Chair.
Proposed Census Changes Threaten Census Accuracy As Comment Period Continues
The new decennial census proposals announced by the Department of Commerce puts the 2030 Census at risk of being less precise and less accurate, potentially affecting how communities across the country plan for services and resources for their residents, as well as how our country measures demographic and socioeconomic data.
During a recent briefing provided by the Association of Public Data Users, data experts from across the country, including former Census Bureau Director Robert Santos, discussed the implications of the Trump administration’s proposed residency rule and how it could affect the collection and use of data in the 2030 decennial Census.
The proposed 2030 Census residency rule would change how the census determines who is counted as a U.S. resident and where each person is counted. Under the current “usual residence” rules, persons living in the United States are generally counted where they live and sleep most of the time, regardless of immigration status. The proposed changes have raised concerns because altering the criteria for who qualifies as a resident could affect large groups of people including undocumented immigrants, DACA recipients, international students, and some asylum seekers.
Critics argue that a less complete population count could make census data less accurate, which could affect how communities plan for transportation, infrastructure, emergency services, and other resources. The Census Bureau has opened the proposal to public comment, with comments due November 2, 2026.
The proposal also raises questions about the constitutional requirement to count the population for congressional apportionment, as well as how changes to residency criteria could affect public trust and the overall accuracy of the 2030 Census. Because census data informs decisions about political representation and the allocation of public resources, changes to how people are counted can have significant implications for communities across the country.
Based on the comments received to date on the proposed rule, so far more than a majority of commenters have expressed support for the proposed changes. About one third of the total comments appear to be part of a form-letter campaign. Of the comments analyzed, just over half say that non-citizens should not affect representation, while other discuss general immigration enforcement, the exclusion of immigrants, why questions about race are divisive or irrelevant, and a minority indicating that the proposed changes are consistent with the Constitution or the founders’ intent.
Former Census Bureau Director Robert Santos emphasized the civic obligation to our legislators regarding the information we hold as the American people. That information should help inform the decisions our elected officials make and ensure that those decisions are based on accurate data and ultimately serve the American public.
AROUND THE NATION
From The Redistrict Network (@RedistrictNet)
September 15: The Wisconsin Supreme Court will hear oral arguments September 16 on whether the cases challenging the state’s congressional map can proceed. — @RedistrictNet [from X]
September 15: Draw the Line in Ohio, the story of Ohio’s redistricting fight and why it matters nationwide, is now available. Check it out here. — @RedistrictNet [from X]
September 16: The Problem Solvers Caucus has introduced four pieces of bipartisan legislation addressing mid-decade redistricting, congressional map standards, independent commissions, and federal jurisdiction in redistricting cases. — @RedistrictNet [from X]
September 17: The Eighth Circuit will hear oral argument today in the Missouri congressional map case. — @RedistrictNet [from X]
September 17: It’s Constitution Day! How much did the founders care about the Census and Apportionment? In 1787, they made it the fifth sentence of the whole document. — @RedistrictNet [from X]
September 17: A second class action lawsuit has been filed against MO Secretary of State Denny Hoskins seeks damages for voters who cast August primary ballots in congressional districts different from the ones they will vote in for the November general election. — @RedistrictNet [from X]
September 17: Redistricting has changed the congressional districts for one-tenth of Americans and significantly altered the makeup of at least one-fifth of districts, a new study shows. — @RedistrictNet [from X]
September 19: California Governor Gavin Newsom signed the California Voting Rights Act (CVRA) of 2026 legislative package into law.
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 [email protected]
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, Cecilia Neff & Jason Fierman of @RedistrictNet.