NY Elections, Census and Redistricting Update Week of 03/02/26

On March 2, in a 6-3 unsigned order, the U.S. Supreme Court issued a stay in the Williams case, preventing New York State from drawing a new 11th congressional district for the 2026 election cycle. Justice Samuel Alito wrote a concurring opinion but was not joined in the other 5 justices in the majority ruling. Justice Sonia Sotomayor wrote a dissenting opinion joined by Justices Jackson and Kagan. The case can still continue in the state courts where it is currently before the Appellate Division, First Department. More in next week’s Update.

Orange County: Clarke et. al. v. Newburgh

SETTLEMENT REACHED

After two years of litigation, the Town of Newburgh and Hispanic and Black voter plaintiffs have reached an agreement in the second state voting rights action. The plaintiffs alleged that the town’s at-large method of election for Town Board members dilutes the voting power of Black and Hispanic voters in violation of the New York Voting Rights Act (NYVRA).

On February 25, a settlement was reached, and as part of the agreement, the town agreed to adopt and implement a proportional ranked choice voting system for Town Board elections starting with the elections, replacing the existing at-large system. The parties entered negotiations after the New York Court of Appeals rejected the Town’s constitutional challenge to the law.

This settlement makes Newburgh the first municipality in New York to adopt proportional ranked choice voting. Proportional ranked-choice voting allows voters to rank candidates in order of preference and allocates seats based on the level of support different groups receive.

The change was championed by the Abrams Fensterman law firm together with the Election Law Clinic at Harvard Law School, ensuring that the Town’s elections are fairly representing the voices of Black and Hispanic voters.

A challenge to the Nassau County Legislature was also settled in 2025 and led to the creation of additional minority opportunity districts. Two cases brought under the state voting rights act are pending against at-large town boards in the towns of Cheektowaga (Erie County) and Mount Pleasant (Westchester County).

ELECTION LEGISLATION

N.Y.’s Presidential Primaries: History & the Push for Change

New York has long occupied an unusual position in the presidential primary calendar. Traditionally held late in the season, often in June, the state’s primaries have left New Yorkers watching the nomination process largely from the sidelines. By the time New York votes, nominees for both major parties are frequently already determined, limiting the influence of the state’s voters in selecting presidential candidates.

The history of New York’s primary scheduling reflects both federal and state considerations. While the state has generally aligned with Democratic National Committee (DNC) and Republican National Committee guidelines, state law ultimately determines the date. Over the years, New York has moved its presidential primary several times in response to litigation, federal requirements, and political pressure. One notable factor has been compliance with the Federal Overseas Citizens Voting Assistance Act, which requires federal primary ballots to be sent early enough for military and overseas voters to participate. In one instance, a federal court held that New York needed to hold its federal primaries in the spring during wartime to meet these obligations.

Currently pending in Albany, passed in the Senate and awaiting Assembly approval, Senate Bill S8604 (in the Assembly the “same as “ bill is A.9310) would move New York’s presidential primary to the first Tuesday in March, potentially increasing the state’s relevance in the nomination process.

Proponents argue that an earlier primary would elevate the voices of New York voters, compelling candidates to engage directly with a broader swath of the state rather than focusing solely on high-dollar fundraising. New York’s diverse population, spanning languages, religions, ethnicities, and political perspectives, offers candidates a unique testing ground for national appeal. Advocates suggest that candidates would be incentivized to address issues that matter to everyday voters, rather than the narrow concerns prioritized in early primary states like Iowa or New Hampshire.

A June primary, by contrast, presents practical and political challenges. Many residents are on vacation during that period, potentially suppressing turnout. The state legislature may also be less able to respond to petitions or oversee election logistics, as lawmakers are often away. Under New York law, petitioning for a presidential primary typically begins in February, with signatures certified and collected by April 1, making a later primary logistically cumbersome.

Conversations with New York legislators highlight these concerns. Senator James Skious, Vice Chair of the DNC, emphasized that moving the primary earlier is an “attempt to make New York and our voters relevant on both sides of the aisle” while benefiting the local economy. He noted that earlier primaries would motivate candidates to engage with New Yorkers of all net worths, elevating the voices of everyday voters. Skious also clarified that there is no conflict with the DNC rules; while the party sets a window for primaries, states may adjust their dates without penalty.

Similarly, Assemblyman Landon Dias pointed out that “every presidential candidate comes to New York to fundraise millions and millions of dollars.” He stressed that New York’s diverse communities, from upstate towns to urban centers, deserve to have their voices heard. Moving the primary earlier would also allow for safer petitioning in better weather, avoiding the hazards of January and February snowstorms.

Supporters of the change also point to historical precedent. New York has debated and litigated primary dates numerous times, reflecting ongoing tension between state control and national party guidelines. Courts have stepped in when federal obligations, such as overseas voting, conflicted with state law, showing that the state cannot simply ignore federal requirements. Legislators now hope that an earlier primary will balance New York’s logistical realities with the desire to make the state a more influential player in presidential politics.

The stakes go beyond symbolism. New York is a critical economic and political hub, home to the United Nations, Wall Street, and a highly diverse electorate. Presidential candidates often only engage with New York on fundraising tours, but an earlier primary could compel them to campaign across the state, addressing issues that matter to middle-class voters, working families, and minority communities. This could shift the national political conversation, rather than leaving New York voters sidelined.

Ultimately, the debate over New York’s primary date is about more than scheduling. It is about civic engagement, representation, and giving New Yorkers a meaningful voice in presidential politics. As Senate Bill S. 8604 moves through the legislature, discussions with senators, assembly members, and party officials will determine whether the state will continue to watch from the sidelines or finally assert its influence early in the national race.

In support of the state legislation, Senator Skoufis and Assembly Member Dais are being joined by New York City Council Member Justin Sanchez to announce the introduction of a city council resolution to move New York’s presidential primary to the first Tuesday in March.

VOTING RIGHTS ACT

N.Y. Attorney General’s Office Preclearance

1021- NYC Board of Elections- relating to changes to Early Voting hours for 2026 primary and general elections.

All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/

The New York State Census Partnership is seeking support for state funding for census organizing in the pending FY 2026 state budget. From the Partnership:

“New York is projected to lose at least two congressional districts and electoral college votes after 2030 — something we can help avoid with dedicated and targeted strategic investments in census preparation.

It’s never too early to prepare for the census. But it can absolutely become too late to catch up. New York learned that lesson in 2020 when we lost a congressional seat by just 89 people.

Preparations for the 2030 Census are already underway.

Governor Hochul’s proposed budget includes funding to support a full and complete count, including the creation of a census support office and resources to assist local governments with the Local Update of Census Addresses (LUCA) program — the only opportunity local governments have to review and correct the address list for the upcoming census.

We strongly support:

• A $15 million funding allocation
• Authorization for a State Census Assistance Office within the Department of State
• Creation of a New York Counts Commission composed of seasoned census experts to guide and implement state and local efforts

The majority of census funding must support local governments, nonprofit and community-based organizations, academic specialists, and trusted local partners who know how to organize and execute effective census efforts on the ground — especially for LUCA field operations in 2027. LUCA is the first major operation of the 2030 Census cycle and the foundation of an accurate population count. The Census Bureau can only count people living at addresses included in its Master Address File. If a housing unit is missing, the people who live there are at risk of being completely omitted — affecting political representation, federal funding, and planning decisions for the next decade.

A successful community-based LUCA effort costs between $30,000 and $60,000 per community. Supporting trusted local organizations to help identify garages, basements, attics, accessory dwelling units, and other overlooked housing can make the difference between losing and preserving representation.

Too many counties and municipalities were not adequately prepared for LUCA in 2020. We cannot let that happen again. There are no second chances in the census. New York lost:

• 5 congressional districts after 1980
• 3 after 1990
• 2 after 2000
• 2 after 2010
• 1 after 2020

We cannot afford to go backward.”

The New York State Census Partnership is a multi-stakeholder collaboration that brings together advocacy, civic, academic, and philanthropic leaders to advance an accurate census count and equitable redistricting across New York State. The Partnership is led by a coalition including the New York Civic Engagement Table, the New York Immigration Coalition, the New York Law School Census & Redistricting Institute, Engage New York, The New York Community Trust, and additional statewide partners.

Leadership Conference Raises Conerns Over 2026 Census Operational Test

The 2026 Census Operational Test is a large-scale simulation of census operations conducted by the U.S. Census Bureau. The purpose is evaluate procedures, systems, and workflows under realistic conditions.

This year, the Census Bureau has proposed significant modifications to the originally proposed 2026 Census test. These changes include:

·     Reducing the number of test sites, which may limit the ability to adequately test rural and group quarters

·     Adopting a different testing methodology (“ACS testing method”) which is four times longer and includes a citizenship question

·     Using U.S. Postal Service workers as census enumerators instead of traditional census field staff.

The elimination of test sites in Colorado, North Carolina, and Arizona will make the test census runs less useful. Fewer minority communities will be tested and evaluated.

The use of postal workers presents a unique challenge due to cost implications, quality of data collection, and privacy and confidentiality concerns. Postal workers are required to report certain activity to law enforcement. Census workers are required to maintain complete confidentiality.

There is no proposed litigation at this time, however, a public comment period is open until March 5. Advocacy efforts include sign-on letters and engagement with congressional members during the comment period.

Groups are submitting comment letters that offer the opportunity to sign on including the Population Association of America, The Leadership Conference on Civil and Human Rights, and the Census Quality Reinforcement Task Force.

For more information or to sign on to a national comment letter by March 4 at 5:30 PM, go to: https://bit.ly/46xvsxL

AROUND THE NATION

MISSOURI: While Missouri Republicans start preparing to run for the newly gerrymandered 5th Congressional District, Democrats are attempting to to qualify a veto referendum for the ballot that would put the map up to a public vote. People Not Politicians are collecting signatures and have announced that they have reached more than twice the required number of signatures needed to get the question on the ballot.

THE WHITE HOUSE: The Washington Post reported last week that President Trump is being urged to issue an executive order declaring a national emergency to enable a federal takeover of the 2026 midterm elections. Supporters of this effort argue that he president has the constitutional authority to declare an emergency based on unsubstantiated threats of electoral interference from China.

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/

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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 and Alexandria Sanatore.