This week: Brooklyn Democratic Leadership Fight Awaits Court Decisions; Elections: Westchester County Machines Fail; Vote Turnout Numbers; GOP Judicial Candidate Wins in Brooklyn; Referenda Pass in Buffalo & Erie Counties; N.Y.C. Open Primaries Proposal In Court; CUNY Graduate Center on Urban Studies Post-2026 N.Y.C. Election Map; Attorney General VRA Preclearance; Election Changes on Albany Agenda in 2027?; 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
Brooklyn Democratic Party: Nydia Velázquez et al. v. Nikki Lucas et al
There has been no major court action in the past week. A final state Supreme Court decision is expected in Peña v Velazquez and Velazquez v Lucas. An Appellate Division (2nd Department) decision on Nikki Lucas’ application for stay of a preliminary injunction is also expected. Please check back next week for more updates.
ELECTIONS
Westchester Machine Failures
On Election Day,Westchester County Executive Ken Jenkins announced that ballot-scanning machines across nearly all polling places in Westchester County were unable to accept voters’ paper ballots. Election officials initially explored several possible causes, including ballot printing and barcode issues, but the problem was traced to an election-programming or software-related error involving ballot-scanner recognition after late changes and updates were made to election systems. Officials repeatedly emphasized that there was no evidence of hacking, tampering, or outside interference.
Rather than suspending voting, the Westchester County Board of Elections implemented emergency ballot procedures authorized under New York election administration practices. Voters continued to cast paper ballots throughout the day. When scanners rejected those ballots, election inspectors directed voters to place them into secure emergency ballot bags or ballot boxes. Election officials stressed that no eligible voter was turned away and that all properly cast ballots would be preserved for later tabulation.
The resolution involved transporting the sealed ballots under secure, bipartisan supervision to a central processing facility in Ardsley. A judge authorized the movement and centralized processing of the ballots. Election staff then began scanning and counting the emergency ballots on November 4 and continued the process over subsequent days. The Board of Elections reported that more than 15,000 emergency ballots were scanned on the first day of tabulation and more than 11,000 additional ballots were processed the following day, with counting continuing until completion.
Based on the information released so far, there is no indication that voters were disenfranchised. New York election law and constitutional principles focus heavily on preserving valid ballots and ensuring that voter intent is counted whenever possible. Courts are generally reluctant to invalidate elections because of administrative or technological errors absent evidence that the error changed the result, created unequal treatment of voters, or compromised ballot integrity.
The Westchester County experience raises election-administration concerns. Candidates in close races could seek judicial review if they believe chain-of-custody procedures were not followed or if the delayed tabulation affected recounts or canvassing. The situation also highlights the importance of pre-election testing, software certification, ballot design review, and contingency planning under New York election procedures. A bipartisan review is expected to examine responsibility for the failure and recommend safeguards before future elections.
New Yorkers Turn Out To Vote
New York’s 2026 general election generated strong early voting participation but modest overall turnout. Preliminary statewide figures indicate that approximately 5.9 million votes were cast in the gubernatorial election, representing roughly 46.7% of active registered voters. While this level likely exceeded 2022 participation once all ballots were counted, it remained below 2024 presidential-election turnout.
New York City
New York City produced substantial raw vote totals but comparatively lower participation rates. Before Election Day, voters in the five boroughs cast approximately 690,526 early votes, representing about 35% of all early votes statewide. Among the boroughs, Brooklyn (Kings County) led the state with 219,536 early votes, followed by Manhattan (New York County) with 188,434 and Queens County with 162,914.
However, turnout rates in many city districts lagged behind suburban and upstate areas. The 15th Congressional District in the Bronx recorded roughly 32.8% turnout, among the lowest rates in New York.
Long Island
Nassau County and Suffolk County demonstrated their importance as statewide bellwethers. Nassau recorded 192,623 early votes and Suffolk 178,613 early votes, among the largest county totals in New York. Early-voting participation reached 18.0% of registered voters in Nassau and 15.5% in Suffolk, well above many urban counties.
The state’s highest-turnout congressional districts were found in suburban and exurban areas, including eastern Suffolk County, where turnout exceeded 50% of active voters.
Hudson Valley
The Hudson Valley remained one of the strongest turnout regions in the state. Dutchess County led New York in early-voting participation at 19.7%, while Rockland County reached 19.4%, Ulster County 18.9%, and Westchester County 17.4%. Orange County also recorded robust participation.
Upstate New York
Several upstate counties showed strong engagement. Monroe County recorded 95,929 early votes, Erie County 99,283, and Onondaga County 58,435. Counties such as Albany, Saratoga, and Tompkins also posted relatively high participation rates.
Western New York and the Southern Tier produced some of the state’s highest overall turnout percentages. The congressional district represented by Nick Langworthy recorded almost 58% turnout, among the highest in New York.
Key Takeaways
The most important takeaway is that turnout continues to be strongest in suburban counties, particularly on Long Island and in the Hudson Valley, while participation remains comparatively lower in several New York City districts. This trend benefits candidates who can perform well among suburban swing voters and reinforces the political importance of Nassau, Suffolk, Dutchess, Rockland, Orange, and neighboring counties.
Another development is the continued rise of independent voters. Analysts reported that voters without party registration now comprise more than one-quarter of New York’s electorate, making independents increasingly influential in competitive statewide races.
Election Day Legal Disputes and Problems
Apart from the Westchester scanner failure, New York experienced relatively few significant election-day legal controversies. National election-monitoring reports described New York’s voting process as generally orderly and free from widespread disruptions.
One continuing legal issue involved New York’s absentee-ballot procedures. Before the election, New York successfully participated in litigation challenging a federal postal-ballot rule. Courts preserved New York’s existing law allowing ballots postmarked by Election Day to be counted if received within seven days afterward. That litigation helped avoid uncertainty over mail-ballot validity during the general election canvass.
Election officials and voting-rights advocates remained attentive to polling-place access issues after a controversial June 2026 incident in Syracuse involving federal immigration agents at a polling location. Although the incident occurred during the primary rather than the general election, it led to heightened legal scrutiny and enactment of additional state protections regarding activity near polling places.
Overall, New York’s 2026 general election produced relatively few court interventions. The main story outside Westchester was not active litigation, but rather the successful operation of voting and canvassing procedures amid ongoing debates over absentee ballots, voter access protections, and election administration.
CUNY Graduate Center Post-N.Y.C. Election Atlas
The CUNY Graduate Center’s Center for Urban Research has posted an atlas that shows shows the local unofficial results of the 2026 election for governor in NYC and for the five ballot proposals in NYC. Use the map to:
· view election district-level patterns across the city (move your mouse over the map and/or click/tap the map).
· compare with 2022 gubernatorial results for each ED and citywide.
· filter the map by 18 different categories of demographic characteristics including race, education, income, age, and specific ethnic groups of registered voters.
Use overlay options to show subway routes, City Council districts, state Assembly districts, and boundaries of major NYCHA campuses on the map.
These filters are based on Dr. John Mollenkopf’s work (Director Emeritus, Center for Urban Research) to analyze NYC’s voter file using distinctive surname lists, voter histories, and the demographics of the Census tracts and block groups in which voters live.
This informative and useful website was developed by CUNY’s Steve Romalewski, the director of the CUNY Mapping Service at the Center for urban Research, and his team
View the atlas here (along with maps): https://www.electionatlas.nyc/maps.html
View an interview on voting trends with Dr. Mollenkopf with NY1’s Bobby Cuza on “Inside City Hall” here: https://bit.ly/3UqmBex
AROUND THE STATE
Republican Judicial Candidate Wins in Brooklyn
One of the more surprising judicial results was the victory of Etan C. Harris, a Republican candidate who won a New York City Civil Court seat in South Brooklyn. According to unofficial results, Harris defeated Democratic nominee Susan A. Liebman by roughly two percentage points, receiving just over 50 percent of the vote. The victory was particularly noteworthy because local Republican leaders described it as the first time in more than a century that a Republican had defeated a Democrat for the judicial seat in that district.
Harris’s success reflected broader political changes occurring in parts of southern Brooklyn. Although New York City remains overwhelmingly Democratic, neighborhoods in Bay Ridge, Bensonhurst, Gravesend, Dyker Heights, and surrounding communities have shown increasing Republican strength in recent years. Republican gains among Orthodox Jewish voters, Asian-American voters, and immigrants from former Soviet republics have made portions of southern Brooklyn substantially more competitive than they were a decade ago. Democrats were also successful in winning back several state assembly districts in South Brooklyn won by Republicans two years ago.
Democrats continued to dominate most citywide judicial contests and won numerous legislative races in Brooklyn, making Harris’s victory an exception to the broader electoral trend. Rather than representing a citywide Republican resurgence, the race illustrated how localized voting patterns and changing neighborhood demographics can produce unexpected outcomes even within heavily Democratic jurisdictions.
Civil Court judges in New York City handle a substantial volume of litigation involving housing matters, consumer disputes, contract claims, landlord-tenant proceedings, and other civil controversies. Harris’s victory underscored the continuing evolution of southern Brooklyn’s electorate and provided further evidence that parts of New York City are becoming more electorally competitive than conventional wisdom might suggest.
Onondaga County voters approved a ballot question creating term limits for the County Executive and County Comptroller.
Buffalo voters approved the creation of an Election Reforms Task Force, a body that will be tasked to look into the electoral reforms including ranked-choice voting.
In New York City, Unite NY’s effort to create open primaries for voters continues. After submitting approximately 45,000 petition signatures to place an open primaries question on the ballot, city lawyers rejected the petitions, prompting a legal challenge. We will cover the challenge now in New York County State Supreme Court soon.
N.Y. VOTING RIGHTS ACT
N.Y. Attorney General’s Office Preclearance Activity
There was no reported preclearance activity in the past week.
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
LEGISLATION
What Changes Might Come to New York’s Elections in 2027?
November 6, 2026
By: Joseph T. Burns
With the 2026 election concluded, New Yorkers’ attention now turns to the newly elected state legislature and the legislative session that will begin in less than two months. While some of Albany’s top legislative initiatives will undoubtedly be related to healthcare, taxes, and artificial intelligence, state legislators are also likely to consider some significant changes to the Election Law over the course of the 2027 session.
As is often the case, many of these potential amendments to the Election Law are likely to be proposals that previously passed one of the state legislature’s houses. For instance, in 2027 legislators may consider the proposal to give local boards of elections the option of having portable polling locations for early voting. While this bill passed the State Senate in both 2025 and 2026, it remained in committee in the State Assembly over both of those legislative sessions.
Another election administration-related bill that may be considered by Albany in 2027 is the proposal to allow local boards of elections to establish countywide poll sites. While this bill would give local boards of elections the ability to have these poll sites, it does not make their use mandatory. Like the mobile early voting poll site bill, this bill also passed the State Senate in 2025 and 2026; it remained in committee in the State Assembly in 2025 and 2026.
It’s possible that they state legislature considers changes to New York State’s campaign finance laws during the 2027 session. One proposal that has already received some media attention is a bill to impose significant new restrictions on state independent expenditure committees. This bill was not considered by either house of the legislature this year because it wasn’t even introduced until after the 2026 session had ended. If approved by the legislature and signed into law, the bill would dramatically increase penalties for independent expenditure committees that fail to make required disclosures. It also imposes a requirement that independent expenditure committees supporting candidates for state or local office outside of New York City disclose in their advertisements the committee’s top donors. This requirement is similar to one currently imposed on independent expenditure committees that support or oppose candidates running for New York City offices.
Another campaign finance-related bill that may come before the legislature in 2027 is a proposal to require a “paid for by” attribution on political committees’ social media posts. This would be similar to the “paid for by” requirement currently imposed on other forms of political advertising such as television and direct mail ads. In both 2025 and 2026, this bill passed the State Senate. It never came before the State Assembly for a vote in either year.
As in previous years, the legislature in 2027 is likely to consider a number of reforms to local boards of elections. One bill that passed the State Senate in previous sessions is a proposal to establish a four-year term for all county elections commissioners. Currently, some commissioners serve for two-year terms while others serve for four-year terms. This proposal would standardize the length of term for all county commissioners throughout the state.
Another change to local boards of elections that may be considered in 2027 is a proposal to mandate that county commissioners meet certain minimum qualifications. The bill gives the power to establish these qualifications for county commissioners to the New York State Board of Elections. In 2025 and 2026, it passed the State Senate and did not go before the State Assembly for a vote in either 2025 or 2026.
The 2027 state legislative session is likely to run until June. As in prior years, election-related legislation will likely be among the many issues considered by lawmakers. The bills discussed above represent only some of the changes to New York’s Election Law that may come before the state legislature in 2027. Whether these measures advance, are modified, or give way to other proposals, the legislative session is likely to bring developments of interest to candidates, political committees, election officials, and others involved in New York’s electoral process.
Joseph T. Burns is a partner in the Holtzman Vogel law firm’s New York office. https://www.holtzmanvogel.com/professionals/joseph-t-burns
AROUND THE NATION
From The Redistrict Network (@RedistrictNet)
Democrats won majorities in both the U.S. House and the U.S. Senate, powered by a blue wave that overwhelmed a year of mid-decade redistricting. The Republican push to redraw maps mid-cycle largely failed: Texas, where the arms race began, fell short of the gains its map was drawn to produce; Florida’s new map produced no net Republican gains, as Democrats held every seat it targeted; and North Carolina’s map turned out to be a dummymander, spreading Republican voters too thin.
By contrast, California’s Proposition 50 map delivered as intended, electing Democrats in the seats it set out to flip. In Utah, Democrats also gained the Salt Lake City district created under the state’s court-drawn map.
Spotlight
November 4: Shomari Figures won the new AL-02, a Trump plus 14 district from a map the Supreme Court put back in place in June after Louisiana v. Callais.
A blue wave and a strong candidate overcame it in Alabama. — @RedistrictNet [from X]
November 4: Tim Moore, the man who oversaw the drawing of North Carolina’s 2023 congressional gerrymander as Speaker of the NC House and drew a seat for himself, lost his election for NC-14. — @RedistrictNet [from X]
November 4: Democrats have flipped four seats on the Texas Supreme Court, changing the court’s composition to 5R-4D. — @RedistrictNet [from X]
Redistricting Measures
November 3: Maryland voters have approved Question 3.
The amendment removes state constitutional restrictions on how congressional district boundaries are drawn. The Maryland legislature has a green light to redraw the 7D-1R congressional map. — @RedistrictNet [from X]
November 3: Missouri voters have voted No on Proposition A.
Missouri voters have repealed the 2025 congressional map and will use the 2022 congressional map for subsequent elections moving forward. — @RedistrictNet [from X]
November 5: Colorado voters have rejected Amendment 86.
Colorado’s current redistricting process stays as-is, without Amendment 86’s added limits on changing a final congressional map mid-decade. — @RedistrictNet [from X]
Direct Democracy Measures
November 3: Utah voters have rejected Amendment B.
The measure would have increased the threshold for passing citizen-led initiatives to 60% if they raise or impose a new tax. — @RedistrictNet [from X]
November 4: Missouri voters have approved Amendment 6.
The measure makes the initiative and referendum process a fundamental right in the state constitution and bars lawmakers from changing any voter-approved initiative without 80 percent support in both chambers and approval by voters. — @RedistrictNet [from X]
November 4: North Dakota voters have rejected Measure 1.
The measure would have raised the threshold for passing any constitutional amendment from a simple majority to 60 percent. — @RedistrictNet [from X]
November 4: South Dakota voters have rejected Amendment L.
The measure would have raised the threshold for passing any constitutional amendment from a simple majority to 60 percent. — @RedistrictNet [from X]
November 4: Montana Voters have approved Constitutional Amendment 133.
This measure enshrines in the state constitution a right to direct democracy and adds new protections for the initiative process. — @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, & Jason Fierman of @RedistrictNet.