This week- State Court Hears Motion to Recuse Judge in Congressional Map Challenge; State VRA Litigation Activity; Governor Signs ERIC Interstate Compact Law; A Look at the N.Y. League of Women Voters, Around the Nation: Indiana
LITIGATION
Congressional Redistricting
Williams et. al v. New York State Board of Elections et. al
On October 27th, a complaint was filed in New York County State Supreme Court asking that the state legislature create a new district that includes Black and Latino residents of Staten Island and parts of lower Manhattan as a remedy to an alleged state constitutional vote dilution violation.
On December 8th, counsel to two respondents, GOP state Board of Elections commissioners Peter S. Kosinski and Anthony J. Casale and Board Co-Director Raymond J. Riley, III, filed a memo of law in opposition to the petition and in support of a motion to dismiss. They argue that the 2024 map is entitled to a strong presumption of constitutionality.
Counsel to the GOP state commissioners further argue that the New York Voting Rights Act (NYVRA) does not apply to congressional redistricting and cannot override constitutional provisions. Thus, Article III, Section 4(c) should be interpreted under federal law, not the NYVRA.
They also argue that the plaintiffs’ suggested map is a blatantly unconstitutional partisan gerrymander that violates general redistricting principles because it does not meet the compactness standards and fractures political geography and communities of interest.
Further, counsel to the GOP state commissioners argue that even if the NYVRA applied, plaintiffs claim fails because they have not established that their preferred candidates “would usually be defeated.”
Counsel for the intervenor-respondents Congresswoman Nicole Malliotakis and individual voters, also filed a memo of law in opposition to the petition and in support of their motion to dismiss. Their arguments are similar to respondents’ general arguments that the NYVRA does not apply, and the “usually would be defeated” mandate has not been met.
Counsel for the intervenor-respondents further added that the plaintiffs requested remedy would violate the Equal Protection Clause of the U.S. Constitution’s 14th Amendment by mandating race-based redistricting without compelling justification and potentially conflict with the Elections Clause of the U.S. Constitution by having a court effectively redesigning congressional districts instead of the legislature.
On December 11, Justice Jeffrey Pearlman heard arguments on the Republican intervenors’ motion asking the judge to voluntarily recuse himself. Counsel for the plaintiffs informed the court that the intervenors and Republican members of the State Board of Elections failed to offer persuasive reasons for the judge to recuse himself. Plaintiffs argued that Governor Hochul’s statements about mid-decade redistricting have no bearing on the judge’s ability to preside over the case. Further, the governor has not taken a position on the litigation. Plaintiffs further argue that there is no evidence that the judge’s earlier roles for the Governor as a counsel and chief of staff related to redistricting issues. Plaintiffs’ counsel maintains that other recusals by other judges in state voting rights act law cases are not similar enough to this case.
Judge Pearlman tended to agree that his prior relationships were attorney-client relationships that were not close enough to be considered substantial and no longer exist. Further, concerns about timing of the case being delayed with an already sensitive deadline, and concerns about the motions passed and signed by the judge already were discussed. Judge Pearlman also added that there is an opportunity to appeal if either party is unhappy with the decisions in the case moving forward.
Justice Pearlman did not grant the motion for voluntary recusal and is set to hear the order to show cause on December 24th at 10:00 AM. A hearing on the merits of the case is scheduled for January 6th and 7th, 2026.
Orange County: Young et al v. Newburgh
February 23, 2026 has been set as the trial date for this challenge to the Town of Newburgh Town Board. The case has been transferred to Westchester County State Supreme Court following recusals by several Orange County judges.
Erie: Cheektowaga: Young v. Town of Cheektowaga
In this state voting rights act challenge alleging vote dilution in the election of town board members, the state Attorney General’s office informed the court that the state Court of Appeals decision in the Town of Newburgh challenge forecloses Cheektowaga’s arguments that the state law was unconstitutional. The Court of Appeals held in the Newburgh case that the town did not have standing to challenge the state voting rights act law. The state asked the judge to deny Cheektowaga’s motion for summary judgment.
ELECTIONS
Governor Signs Bill Directing New York to join ERIC, Improving Voter Roll Accuracy and Interstate Cooperation on List Maintenance and Election Integrity
Earlier this year, the State Senate and Assembly unanimously passed legislation (S1356A (Skoufis) / A3649B (Taylor)) directing the State Board of Elections to join a multistate voter-registration and list-maintenance organization like ERIC, the Electronic Registration Information Center. On Friday, Governor Hochul signed the measure into law.
ERIC is a nonprofit, nonpartisan membership organization created in 2012 by election officials in seven states to help improve the accuracy of voter registration rolls and improve registration rates among eligible citizens. Today, ERIC counts 25 states plus the District of Columbia as members, who submit voter registration and motor-vehicle data for ongoing analysis every 60 days. ERIC is governed by officials from the member-states, with a board that oversees policy, budget, and security protocols. ERIC’s staff performs secure data matching and prepares a series of reports for members that are then used in the states.
ERIC helps states maintain clean voter rolls by identifying and reconciling discrepancies across jurisdictions, prompting officials to update registrations, cancel outdated records, and follow up with unregistered but eligible citizens. ERIC produces four main list-maintenance reports for members—Cross-State Movers (voters who appear to have moved to another member state), In-State Movers, Duplicate Registrations, and Deceased Registrants—and three reports focused on Eligible-but-Unregistered individuals, National Change of Address data, and a post-election voter participation report. This last report flags potential illegality like double voting instances, which can be referred to authorities for investigation and prosecution where appropriate. Otherwise, states must maintain strict data security standards, and use ERIC reports solely for election administration and voter outreach.
While ERIC membership is down from a high of 33 states a few years ago (when several Republican-led states like Louisiana, Alabama, Florida, Ohio, and Texas exited), the organization’s current members include red, blue, and purple states from across the country.
Keeping voter rolls accurate and current is an ongoing data challenge for election officials since voter registration is tied to residency and thousands of Americans are moving residences at any given time, aging into the voting population, naturalizing, or passing away. While credible authorities agree illegal voting is very rare, maintaining accurate registration records and streamlining data exchange among states reduces vulnerabilities and can help build confidence in election outcomes. ERIC data-sharing has led to prosecutions in several states including PA, GA, and OH. ERIC’s reports help states to update records on a rolling basis, improving the quality of voter rolls and reducing opportunities for inadvertent or intentional improper voting.
Friday’s bill signing—which directs New York to pay membership dues, designate a representative, and formally enroll in ERIC in time for the 2026 General Election-–is the culmination of a multiyear advocacy effort. The proposal previously passed the NYS Senate unanimously in 2023 and again in 2024, reinforcing the breadth of support across ideologies.
UPCOMING EVENTS
There are no upcoming December events.
VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance
There was no preclearance activity in the past week.
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
A LOOK AT: N.Y. LEAGUE OF WOMEN VOTERS
The League of Women Voters of New York State is a nonpartisan, grassroots organization that encourages informed and active participation in government to ensure a representative democracy. The League empowers voters and defend democracy through advocacy, education, and litigation at the local and state level. It does not support or oppose any political parties or candidates, and works to ensure that every eligible voter has the information, access, and opportunity needed to participate fully in elections and our democracy.
Established in 1919, the League is a three-tiered organization with a National chapter, State Leagues, and local Leagues within each state. The League’s strength comes from this grassroots structure. With 40 local Leagues across New York State, members work within their own communities while also working with the State League to coordinate statewide strategies and priorities. This combination of local insight and statewide advocacy allows the organization to respond quickly to emerging issues and elevate local concerns.
A core part of the League’s work involves advocating for election-related reforms that expand access to the ballot while maintaining the integrity of the process. Recent and ongoing projects include advancing legislation to protect voters at the polls, modernizing election administration, expanding early voting, supporting same-day voter registration, improving voter registration systems, and protecting voters from intimidation and misinformation. It is currently working to ensure access to the ballot for voters detained in jails across New York State through our campaign to pass the Democracy During Detention Act (S440/A2121).
In addition to legislative advocacy, the League plays a hands-on role in election protection and voter education. League members and volunteers provide nonpartisan voter education through community education initiatives, voter registration efforts, candidate forums, and by populating our voter guide at VOTE411.org. On and around Election Day, Leagues across New York help monitor polling places, answer voter questions, and report issues. The League is gearing up for robust, on-the-ground outreach for the 2026 election. These efforts help build public confidence in elections and ensure voters know their rights.
For more information about the League of Women Voters of New York State, current initiatives, or opportunities to get involved, visit the League’s website at www.lwvny.org or sign up for its monthly newsletter https://lp.constantcontactpages.com/sl/Kdf6Xm3
AROUND THE NATION
Indiana: The Indiana Republican-led Senate voted down a mid-decade congressional map on Thursday, December 11, 2025, which would have favored the Republican party in the 2026 elections. The map was designed to increase the number of Republican-controlled congressional seats from seven to nine by effectively eliminating Indiana’s two Democratic-held districts by splitting Indianapolis into four districts. The redistricting plan was defeated by a bipartisan majority, with 21 Republican senators joining all 10 Democrats in the chamber to vote against the measure.
The vote occurred despite months of intense national pressure, including urging from President Donald Trump to engage in mid-cycle redistricting. Some Republican senators who opposed the plan cited constituent objections to splitting counties and criticized the “over-the-top pressure” applied during the debate. Lawmakers also faced threats during the contentious debate, with one state representative being the victim of a “swatting” hoax.
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, the Mellon Foundation, and the New York City Council. This report was prepared by Jeff Wice, Esha Shah, Jarret Berg & Michelle Davis (Redistricting Online).