Judge to hear arguments as NY redistricting battle continues

Apr 6, 2022, 8:48 PM | Updated: Apr 7, 2022, 1:09 pm

ALBANY, N.Y. (AP) — A New York appeals judge said he will “likely” rule Friday on whether to continue blocking a lower court ruling that declared the state’s new congressional and legislative district maps unconstitutional.

New York’s electoral landscape was thrown into question last week when a Republican trial court judge ordered the state’s Democrat-controlled legislature to redraw the district boundaries.

State Judge Patrick McAllister gave state officials only until April 11 to submit new maps, saying the districts they had drawn up were illegally gerrymandered to favor Democrats.

The ruling came even as candidates have begun campaigning in the disputed districts ahead of a June party primary.

State Appellate Division Justice Stephen K. Lindley has already issued a temporary stay on that ruling. He said he’ll decide sometime after Thursday’s hearing whether to leave the stay in place for now, pending more legal action in the weeks ahead.

He could also lift the stay, which would put state lawmakers on an incredibly tight deadline to come up with new maps. Judge McAllister has said if lawmakers don’t meet his deadline, he would appoint his own expert to draw up new maps. The state would likely cover the cost of a special master. Courts sometimes designate an attorney not directly involved with a case, known as a special master, to address such concerns.

Lawyers for the Assembly and Senate argued Thursday that the ruling should be blocked for at least 30 days, and criticized the trial judge’s decision to strike down largely uncontroversial Assembly maps.

Meanwhile, a lawyer for the Republican voters demanded that lawmakers or a court master start working up new maps soon.

Judge Lindley said his primary concern is ensuring New York is ready if appellate judges agree that the new Congressional maps — and potentially Senate maps — are unconstitutional and must be redrawn.

“Voters going to go the polls on unconstitutional districts, that’s something to be avoided at all costs,” Lindley said.

Lindley said that back-up maps could be tossed if the appellate court decides the contested maps pass constitutional muster. He said New York could hold its federal primary as late as around August 23 or 24.

“Everyday matters and time is of the essence here and … the work needs to get started now,” Lindley said. “And a pause of even two weeks might be the difference between having an election this year in August on constitutional districts or having an election on unconstitutional districts.”

Thursday’s hearing likely won’t be the final word on the main issue: whether the new maps are so politically biased toward Democrats that they violate the state constitution.

The arguments are “just a skirmish along the way,” according to former U.S. Rep. John Faso, a Republican who has been helping muster support for the lawsuit challenging the maps’ legality.

A hearing for more arguments has already been scheduled for April 20.

Meanwhile, candidates faced a Thursday deadline to submit petition signatures they need to appear on the ballot in the primary.

Sen. Mike Gianaris, a Queens Democrat, said this week said he and the New York Legislative Task Force on Demographic Research and Reapportionment are not working on new maps.

“We are confident that we’ve drawn maps that will withstand scrutiny,” Gianaris said Tuesday on the news program ‘Capital Tonight.’

Legislative and congressional boundaries are being redrawn as part of the once-per-decade redistricting process kicked off by the 2020 Census.

The congressional boundaries passed by the Legislature could expand Democrats’ power: Democrats would make up a strong majority of registered voters in 22 of the 26 congressional districts the state will have in 2023.

Republicans, who now hold eight of New York’s 27 seats in Congress, would only have an advantage in four districts.

Democrats have argued the new maps undo decades of gerrymandering by Senate Republicans, and that all maps reflect years of population loss in upstate communities once considered Republican strongholds.

Republicans, and some non-partisan voters rights groups, argue that Democrats went too far to create meandering Congressional districts that violate a 2014 state constitutional amendment banning drawing maps “for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties.”

Voters in 2014 also tasked a politically appointed commission with drawing up the maps.

That commission failed to come to consensus on a single set of maps this year, leaving the job to lawmakers.

Judge Lindley Thursday said “everyone would agree” the commission was set up to fail.

“Everybody knew it, it was obvious,” he said. “It was set up that it was going to be a stalemate “

So far this cycle, courts have also intervened to block maps they found to be GOP gerrymanders in North Carolina, Ohio and Pennsylvania, and a Democratic gerrymander in Maryland.

The highest court in North Carolina pushed back March election primaries until May to provide time for state courts to review lawsuits claiming the Republican-controlled legislature illegally gerrymandered some districts.

In Ohio, state legislative races are delayed amid a legal fight over gerrymandering.

The state hasn’t settled on of district boundaries long enough for them to be used for making ballots: The Republican-led Legislature has repeatedly approved maps that the Ohio Supreme Court has found unconstitutionally drawn to unduly favor Republicans.

And in Maryland, the Court of Appeals delayed the state’s primary for all elections from June 28 to July 19.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Google...
Associated Press

Google’s artificially intelligent ‘Bard’ set for next stage

Google announced Tuesday it's allowing more people to interact with “ Bard,” the artificially intelligent chatbot the company is building to counter Microsoft's early lead in a pivotal battleground of technology.
19 hours ago
Evelyn Knapp, a supporter of former President Donald, waves to passersby outside of Trump's Mar-a-L...
Associated Press

Trump legal woes force another moment of choosing for GOP

From the moment he rode down the Trump Tower escalator to announce his first presidential campaign, a searing question has hung over the Republican Party: Is this the moment to break from Donald Trump?
2 days ago
FILE - The Silicon Valley Bank logo is seen at an open branch in Pasadena, Calif., on March 13, 202...
Associated Press

Army of lobbyists helped water down banking regulations

It seemed like a good idea at the time: Red-state Democrats facing grim reelection prospects would join forces with Republicans to slash bank regulations — demonstrating a willingness to work with President Donald Trump while bucking many in their party.
2 days ago
FILE - This Sept. 2015, photo provided by NOAA Fisheries shows an aerial view of adult female South...
Associated Press

Researchers: Inbreeding a big problem for endangered orcas

People have taken many steps in recent decades to help the Pacific Northwest's endangered killer whales, which have long suffered from starvation, pollution and the legacy of having many of their number captured for display in marine parks.
3 days ago
FILE - Hiring signs are displayed at a grocery store in Arlington Heights, Ill., Jan. 13, 2023. Emp...
Associated Press

Pay transparency is spreading. Here’s what you need to know

U.S. employers are increasingly posting salary ranges for job openings, even in states where it’s not required by law, according to analysts with several major job search websites.
3 days ago
Meadowdale High School 9th grade students Juanangel Avila, right, and Legacy Marshall, left, work t...
David Klepper and Manuel Valdes, Associated Press

Seattle high school teacher advocates for better digital literacy in schools

Shawn Lee, a high school social studies teacher in Seattle, wants to see lessons on internet akin to a kind of 21st century driver's education, an essential for modern life.
3 days ago

Sponsored Articles

SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Judge to hear arguments as NY redistricting battle continues