New York’s post-2020 census redistricting continues to be contentious. Here is an update on the legal status of the congressional and state legislative maps.
In 2022 state courts invalidated all three of New York state’s redistricting maps (Congressional, state senate, and state assembly) on procedural grounds after the New York Independent Redistricting Commission deadlocked on maps. With no provision in the state constitution addressing exactly what should happen in the case of a commission deadlock, the legislature enacted its own maps in February of 2022. Later, a state trial court held that the legislature overstepped when it adopted maps and instead, the courts should have overseen the commission impasse.
The court procured a special master to draw remedial congressional and state senate maps in time for the 2022 Fall elections. Due to time constraints, the state assembly map, while also deemed unconstitutional, was used as the temporary map for the Fall midterm elections. Now that the 2022 midterms are over, here is the status of all 3 maps:
Assembly Maps
In September of 2022, a state trial court (on remand) ordered the New York State Independent Redistricting Commission to prepare new assembly districts and submit the map to the legislature for consideration on or before April 28, 2023, which it delivered on April 20. The legislature passed and the governor signed the new map on April 24. This map is expected to be in place until after the 2030 census barring any future legal action.
Congressional & Senate Maps
These remedial maps were drawn by special master Johnathan Cervas and approved by the court in May of 2022. In a separate case that originally sought to compel the independent redistricting commission to perform its constitutional duties, a state appellate court is now entertaining a request to allow the commission to have another go at the congressional map now that the exigency of the 2022 midterms has passed. Governor Hochul and Attorney General Letitia James requested the court in an amicus curiae brief to consider the remedial map used in 2022 as temporary and that a permanent map is the responsibility of the commission. This litigation is ongoing, and a hearing on the matter was held on June 8th.
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