This week: Brooklyn Democratic Leadership Fight Continues in Court; On Fair and Free Elections; Suffolk County Clerk Race; Westchester County Board of Legislators Race; New York Voters Guide; How To Help Protect the Vote; NY Voting Rights Act Protects Against Voter Suppression- Attorney; General VRA Preclearance; Census 2030 Proposed Rule to Change Decennial Census Comment Period Still Underway Through November 2nd; Around the Nation (From Redistricting Network)
LITIGATION
Brooklyn Democratic Leadership Fight Continues In State Court
Brooklyn Democratic Party: Julio Pena III v. Nydia Velázquez et al
On October 19, Rodneyse Bichotte Hermelyn and her supporters from her former Brooklyn Democratic leadership filed a memorandum of law in opposition to the order to show cause for contempt. This comes after Julio Pena III and the reform group seeking to lead the county party obtained a temporary restraining order (TRO) that paused official party meetings. The reform group asked Justice Sweeney to hold Bichotte Hermelyn and her allies in civil contempt for allegedly violating the TRO.
The Bichotte Hermelyn group argued that a TRO only binds the people named in it or their official “agents.” However, they were not named in the order. Further, they argued that it violates constitutional due process to punish people for violating an order they were never formally served and had no right to contest in court. Also, they argue the reform group’s motion was unconstitutionally vague because it asked to hold “all individuals petitioner seeks to hold in contempt.”
On the same day, Julio Pena III filed a memorandum of law in opposition to proposed intervenors’ proposed motion to dismiss. The establishment group asked Justice Sweeney to grant a motion to dismiss claiming the reform group missed the 10-day statute of limitations provided under New York Election Law. However, the reform group argues that the meeting was held on September 23rd, and the initial petition was filed on September 29th, before the October 5 deadline. Further, the reform group argues that they updated their papers with the consent of the current parties, and since the Bichotte Hermelyn group was not yet an official party to the case, their permission was not legally required.
On October 21, Justice Sweeney issued a decision resolving several preliminary procedural motions. First, intervention by way of Bichotte Hermelyn and her allies (Nikki Lucas, Anthony Jones, and Nancy Tong) was granted because they have a “real and substantial” interest in the outcome as committee officers and members whose interests are not represented by Velázquez. Second, the court declined to vacate the TRO because the meetings in question had already taken place, thus debating the temporary pause was legally moot. Third, the judge denied the request to disqualify Veláquez’s lawyers without prejudice because she had the legal authority to hire counsel, and whether her authority was validly stripped goes to the heart of the main trial.
Brooklyn Democratic Party: Nydia Velázquez et al. v. Nikki Lucas et al
This case involves the the ongoing litigation over Bichotte Hermelyn and her allies’ October 4th Zoom meeting where outgoing leadership voted to install Assembly Member Nikki Lucas as the new Executive Committee Chair,
On October 12th, U.S. Congresswoman Nydia Velázquez, who the lower court decided was currently the sole legal officer with party-wide executive authority, filed a lawsuit against Nikki Lucas.
On October 20th, a memorandum of law in opposition to the order to show cause for declaratory relief and in support of motion to dismiss, and a verified supplemental answer to the complaint was submitted by the Bichotte Hermelyn group. The memo of law argues that the court should dismiss Chair Velázquez’s lawsuit because of procedural flaws. They argue that reform group agrees that a committee has not been validly organized yet and thus has no legal authority to launch a lawsuit. Further, they argue the county committee can only authorize lawsuits when officially convened in session which did not happen here. Also, they argue that party rules commit between-session governance to the executive committee, limiting Velázquez’s power to sue on the party’s behalf.
The Bichotte Hermelyn group further argues the lawsuit failed to name the “organized Executive Committee” itself as a respondent, and the 10-day Election Law deadline passed so the change cannot be made. They also argue the October 4th meeting was legal because the September 29thTRO only paused a specific meeting, however the October 4th meeting was new “meeting of qualified members” to organize a committee for the first time. Also, a valid quorum of qualified members were present.
On October 23rd, attorneys for Velázquez, Julio Pena III, and Akel Williams filed a memorandum of law in opposition to respondents’ motion to dismiss. In this, they argue that the court should rule that the October 4th meeting was an illegal “nullity” held in direct defiance of court orders. They argue that Velázquez has standing as Party Chair under Election Law, and according to the court’s October 2nd ruling, she is the sole officer empowered to lead party affairs and retain lawyers. Further, they argue the lawsuit properly named all five newly certified officers and was filed on October 12th, within the 10-day window following the October 4th meeting. Also, they argue the September 29th TRO explicitly banned holding the meeting or any “rescheduling or substitute” meeting, no quorum was validly formed, and 24 ineligible votes were counted which came from individuals who had no legal right to vote under the governing rules.
ELECTIONS
We Expect a Free and Fair Election
By Jerry H. Goldfeder and Jason D. Kaune
Hardly a day goes by without someone asking us if our nation’s upcoming election will be free and fair. The answer is yes, but it depends on the voters.
We are not Pollyannas, or naïve. We have practiced election law for decades representing candidates and public officials, litigated many election lawsuits, and trained literally thousands of poll monitors in several states over the course of numerous elections.
We, of course, are concerned that some eligible voters may be turned away from the polls, and that ICE or others might try to intimidate voters on or before Election Day. And the exclusion of international election monitors, who have observed our elections since 2002, is a worrisome harbinger.
Yet, elevating these and other threats into doomsday scenarios is largely unwarranted, and decidedly unhelpful. The facts on the ground tell a different story and should encourage Americans to vote and have faith in the integrity of the midterms.
Our elections are administered locally by thousands of hard-working, trained election workers who will, as always, dutifully sign in voters, guard machines, count and re-count ballots, and certify actual results. Non-partisan legal organizations have won many lawsuits to prevent illegal or otherwise improper attempts to restrict or make voting difficult, and they, along with bar associations, are mobilizing attorneys across the country to educate voters, and stand at the ready with emergency pleadings if untoward conduct occurs in the run-up to the election. Attorneys from across the ideological spectrum have even prepared educational materials for judges unfamiliar with election matters to thwart improper seizure of ballots or other election materials, and the Supreme Court has put to rest any uncertainty about mail-in voting at least for this year.
There are, moreover, caravans of faith leaders traveling the country, preaching the democratic gospel that voting is a sacred act. And judges, echoing foreign counterparts, have participated in public forums to highlight their support for peaceful elections and the rule of law, some even wearing their judicial robes.
Plans are also being made for Election Day itself by thousands of lawyers to monitor the polls, and the American Bar Association, along with a slew of state and local bar groups including the New York City Bar Association, are actively engaged in assisting election workers —and the non-partisan Election Official Legal Defense Network is ready to defend them if their work is undermined or threatened.
Civic groups and faith leaders have also pledged to stand outside the polls, providing a ring of safety and support for voters, and highly trained lawyers and laypeople will be staffing hotlines and working with local law enforcement officers dedicated to preventing any election interference or intimidation, and preserving the integrity of the process.
All of this work as the midterms approach should provide some peace of mind, but will be for nought without a robust turnout. To that end, we are encouraged that almost all the groups involved in protecting the vote are also emphasizing the importance of making a plan to vote, and urging family, colleagues and neighbors to also come out.
Voters have the power to safeguard our democracy, and if, in fact, turnout is high, there will be little if anything that could be done to undermine the election or question its outcome. We trust that the American people, recognizing their precious right and duty, will step up. Free and fair elections may well depend upon them.
We hope that all of this preparatory work forestalls any real problems. We also hope our faith in the resilience of our democratic institutions and the American voters is borne out.
Jerry H. Goldfeder, a Democrat, is Chair of the American Bar Association’s Standing Committee on Election Law and Director of the Fordham Law School’s Voting Rights and Democracy Project. Jason D. Kaune, a Republican, is the Immediate Past Chair of the American Bar Association Standing Committee on Election Law. Reprinted with permission.
Suffolk County: Write-In Candidate Campaigns County Clerk Election
In an unexpected turn of events in the Suffolk County Clerk race, write-in candidates have launched a campaign aimed at providing voters with options in the clerk race for the November 3rd election. Initially, incumbent Republican County Clerk Vincent Puleo was running unopposed, but local party members and active voters expressed frustration that the race appeared pre-determined.
Grassroot activists and local Democrats launched write-in campaigns with attorney Abigail Field emerging as the primary Democratic-backed write-in challenger. Field has criticized the months-long turnaround time for recording deeds, targeted the county clerk website for outdate information and lack of non-English forms, and emphasized the clerk’s office focus on efficient fiscal management, rather than party politics.
Westchester County: Board of Legislators Campaign
As reported by Yonkers Times, Shanae Williams, who represents District 16 on the Westchester County Board of Legislators, faces allegations of illegal campaign activity, and separate election law violations for her campaign website and yard signs.
The three alleged violations include campaigning at a publicly sponsored event while on the public payroll, operating a campaign website that failed to display legally required committee disclosure language, and distributing yard signs that likely carried no attribution as mandated by New York State election law.
First, with respect to the campaigning at a county-sponsored event, Williams allegedly distributed campaign palm cards and canvassed voters at the Yonkers Riverfest, an event officially sponsored by the Westchester County Board of Legislators, her current government employer. This allegation was evidenced by a post on Williams’ Instagram account highlighting the festival, state that Westchester Count was a sponsor and mentioning “remember to voter to re-elected Shanae Williams.”
Second, with respect to the campaign website, Williams’ campaign website allegedly fails to include mandatory political committee disclosures. New York Election Law requires each page of the candidate’s campaign website to display authorized committee attributions.
Third, with respect to the yard signs, the campaign signs distributed across District 16 allegedly lacked the required “paid for [committee name]” disclosures on both sides, which violates state election law.
The formal complaints ask the Board of Legislators’ Ethics Committee and the Board of Elections to investigate and determine appropriate consequences. As of now, these allegations are all unproven.
New York Voter Guide: What to Know Before Election Day
As the November 3rd general election approaches, understanding voting options and deadlines is essential. Whether you are a first-time voter or a longtime participant, planning ahead can help ensure that your vote is counted.
Here are a few dates to keep in mind:
Election Day: Tuesday, November 3. Polls are open from 6:00 AM to 9:00 PM in New York.
Early voting: October 24th through November 1st. Hours and locations vary by county.
Voter registration deadline: October 24th.
Early mail and absentee ballot applications: Applications submitted online or by mail must be received by October 24th
In-person applications are accepted through November 2nd.
You can check the New York State Board of Elections website for more information.
In-person early voting: Registered voters can vote in person before Election Day without providing a reason. No advance ballot request is necessary. In New York City, your early voting location may differ from your Election Day polling place. Check your assigned location and hours before going.
Early mail ballot: Any registered voter can request an early mail ballot without giving a reason. You can apply online, by mail, or in person through your county Board of Elections. This option is ideal for voters who prefer to complete their ballot at home.
Absentee ballot: Absentee ballots are for voters who qualify under New York’s eligibility rules. Reasons may include being away from your county on Election Day, illness or disability, or caregiving responsibilities. Business travel or attending school away from home may qualify depending on the circumstances. Unlike an early mail application, an absentee application requires you to indicate your qualifying reason.
Learn more or apply through the State Board of Elections.
Returning Your Mail Ballot
Follow the instructions included with your ballot carefully. Mark your choices, complete and sign the required oath or affirmation envelope, and seal and return the envelopes as directed.
For the November election in New York, ballots must be postmarked by November 3rd and received by your county Board of Elections by November 10th. You may also deliver your ballot to your county Board of Elections office or an authorized polling location by 9:00 PM. on Election Day. Ballots can also be delivered to an early voting site in your county during the early voting period.
Return your ballot early to reduce the risk of postal delays.
Resources for New York City Voters
NYC Votes provides nonpartisan information about candidates, ballot proposals, registration, and voting dates. You can confirm your registration, research candidates using reliable sources, and check your polling location before voting. You cannot cast a regular vote entirely online, but online services can help you access information and request a ballot.
If you live outside New York City, information can be found at: https://elections.ny.gov/
Make Your Voting Plan
Before November 3rd, you can confirm your registration, choose your voting method, and review official deadlines. If voting by mail, request and return your ballot early. Every eligible vote matters, and preparation helps ensure your voice is heard
Connecticut voters can find voting information at: https://portal.ct.gov/SOTS/Election-Services/Voter-Information/Voter-Fact-Sheet
New Jersey voters can find voting information at: https://www.nj.gov/state/elections/vote.shtml
New York City: Volunteer Protect the Vote On Election Day
Do you want to help protect the vote on Election Day?
The New York City Bar Association held a virtual program on September 22nd, “Ensuring Fair Elections and Voter Participation: What Lawyers Can Do,” https://bit.ly/47txBdR to encourage lawyers to become involved in election protection efforts (a recording of the program is available here https://bit.ly/4s9witY).
You can also visit the City Bar Association voter protection page at https://www.nycbar.org/serving-the-community/election-protection-opportunities-for-lawyers/, for listings for both lawyers and non-lawyers to get involved.
Common Cause NY is also coordinating a non-partisan statewide voter protection effort.
To learn more, go to: https://bit.ly/4hSWPbJ
N.Y. VOTING RIGHTS ACT
New York Protections Against Voter Intimidation, Obstruction, Deception, and Racially Discriminatory Voter Suppression
This note is adapted from a NAACP Legal Defense Fund (LDF) publication. Thanks to the LDF’s Michael Pernick for permission to adapt from it.
New York Law Protects Against Intimidation
The John R. Lewis New York Voting Rights Act sets new standards for protecting voters. The NYVRA allows New Yorkers to bring actions against a person or a group engaged in acts of voter intimidation, obstruction, and suppression.
This act aims to strengthen voting rights for all New Yorkers and provide equal access to polls for all eligible voters to feel safe and heard.
Examples of voter intimidation and obstruction occurs when occurs when someone feels unsafe about exercising their right to vote. Voter obstruction occurs when someone prevents or makes it difficult for you to want to vote. This could include threats or harassment to pressure into voting a certain way or not voting at all, physically blocking roads or pathways to access polling, and phone calls claiming negative consequences for voting.
Examples of Voting Deception
1. Falsely telling voters they can vote on Wednesday when the election is on Tuesday.
2. falsely telling voters they are not eligible because of an arrest.
3. Falsely telling voters that only members of a particular political party can vote in certain location.
4. AI content containing false or misleading information about voting.
Examples of Voter Suppression
1. Polling place closures in black and minority communities.
2. Longer lines in communities of color.
3. Removing voters from rolls in a racially discriminatory fashion.
How does NYRVA protect against these tactics?
The NYVRA bans voter intimidation, deception and obstruction no matter who does it, including private individuals, campaigns, law enforcement or other officials.
The act empowers voter organizations that represent voters and the N.Y. Attorney General to sue any person or group engaged in intimidation, deception or obstruction to prevent the harm or hold them accountable.
The act instructs the courts to take action and prevent or fix acts of intimidation, deception or obstruction.
The act empowers voters and organizations representing voters and the state attorney general to sue local governments or officials. Engage in discriminatory voter suppression. And instructs courts to take action to fix the problem.
What Can Be Done Against Voter Intimidation, Deception, Obstruction and Suppression During This Year’s Elections?
Document as much detail as possible and write down the dates. In times and take pictures and note the location which actions like these occurred.
Call a voter protection hotline:
866-OUR-VOTE (ENGLISH)
888-VE-Y-VOTE (SPANISH)
888-API-VOTE (ASAIN LANGUAGES)
844-YALLA-US (ARABIC)
Contact the New York General Attorney’s Office Voter Protection Hotline by phone at 866-390-2992. E-mail at [email protected] or by filling out their election plate form online at electionhotline.ag.ny.gov.
N.Y. Attorney General’s Office Preclearance Activity
1903 Westchester Board of Elections- poll site locations- granted
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
CENSUS
Comment Period Extended
Census Bureau Extends Comment Period on Census 2030 Questionnaire Overhaul to November 2
The U.S. Census Bureau’s Notice of Proposed Rulemaking (NPRM) for the 2030 Decennial Census (Docket No. 260903-0005) is open for public comment through October 13, 2026.
To date, 21,797 comments have been posted to the federal governmen’t tracking website at https://www.regulations.gov/docket/USBC-2026-0628
Key Aspects of the Proposed Rule
Residence Rules: Changes the definition of “usual residence” to count only U.S. citizens and lawful permanent residents, while excluding non-citizens and temporary status holders. It also consolidates residence categories and mandates tax and federal agency data matching.
Demographics: Removes race, ethnicity, and sexual orientation questions from short-form/enumeration questionnaires.
The Leadership Conference’s Position: Census advocates strongly oppose the changes, joined coalition efforts, and requested an extension to the public comment period, arguing that every person living in the country must be accurately counted.
How to Comment on the Proposed Rule
Online Submission: Submit formal comments directly via the Federal Register Regulations Portal under Docket No. 260903-0005 (or RIN 0607-AA75 / Regulations.gov ID USBC-2026-0628).
Coalitions and advocacy groups have published toolkits and comment guides to help structure feedback:
Review resources and comme90p;//nt templates via “Hands Off Our Census” at
www.handsoffourcens.us
OnLine comments can be uploaded here: https://www.regulations.gov/commenton/USBC-2026-0628-0001
By Mail: Written comments can also be mailed to the U.S. Census Bureau at:
U.S. Census Bureau
4600 Silver Hill Road (Designation: ADDEMO/FRN)
Washington, DC 20746
AROUND THE NATION
From The Redistrict Network (@RedistrictNet)
October 20: House Republicans have “spent $133 million on TV ads in 15 redrawn districts that were supposed to be easy pickings, according to AdImpact. — @RedistrictNet [from X]
October 20: A three-judge panel will hold a hearing on Louisiana’s congressional map on Oct. 27.
Plaintiffs argue the remedial map relies too heavily on race and does not comply with the U.S. Supreme Court’s ruling in Louisiana v. Callais. — @RedistrictNet [from X]
October 21: Maryland Gov. Wes Moore switches campaign advertisements to promote the congressional redistricting amendment. — @RedistrictNet [from X]
October 21: Wes Moore’s legal team is pushing back against a political action committee using pictures of the Maryland governor, his slogan and his campaign’s colors to advocate against a redistricting ballot question. — @RedistrictNet [from X]
October 23: U.S. District Judge Steve Jones has requested supplemental briefing in the trio of lawsuits challenging Georgia’s 2021 congressional and state legislative maps.
Briefs are due Nov. 19 on whether and how the Supreme Court’s ruling in Louisiana v. Callais changes the court’s prior judgments. — @RedistrictNet [from X]
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.