This New York redistricting update is excerpted from citylandnyc.org with permission from the New York Law School.
New York’s Complicated Redistricting Rules
Following the national attention on the politically-driven re-redistricting taking place in Texas and the legally required remapping in Ohio, New York is often mentioned as one state where the Democrats can redraw the congressional map.
Here are a few state rules and facts to consider:
- According to the state constitution, a redistricting map shall remain in force until the effective date of the next enacted map based upon the subsequent federal decennial census unless modified pursuant to a court order. That means that the state cannot redraw a map until after the 2030 census data is reported, unless a lawsuit is brought and the state or federal courts order a new map to remedy a legal violation of some sort.
- The State Court of Appeals rejected a congressional plan seen to favor Democrats over Republicans in the 2022 Harkenrider v. Hochul decision, making it difficult to draw another map seen to also favor one party over another. The state courts are on record against partisan gerrymandering.
- The constitution requires a 2/3 vote by the Assembly and Senate to approve a congressional map submitted to it by the Independent Redistricting Commission if one party controls both chambers. That makes it clear that the Democrats cannot pass a new map without Republican support or winning another district before a map vote is taken. The Democrats are short of a 2/3 majority in the state senate.
- The constitution does not address the vote needed in the legislature to pass a new map if a court orders one to be drawn and the court decision bypasses the commission process.
- Any redrawing of the current congressional map would likely require a new lawsuit challenging it, alleging a violation of certain criteria. A lawsuit would have to be filed in New York City, Westchester, Albany, or Erie County state supreme court.
- the state constitution could be amended, but that would take the approval of two separately elected state legislatures followed by a vote of the state’s electorate to approve it.
- Even if a new congressional map is enacted, the new map could be challenged in court all over again for federal or state law violations. That could take several more months of delay.
N.Y. Attorney General’s Office Voting Rights Act Preclearance Activity
526 Orange County- poll site locations- preliminary approval granted, also under review
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
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