New York State Court of Appeals

New York State Court of Appeals judges heard arguments Tuesday on the issue of whether the new congressional district maps were unconstitutionally gerrymandered.

NBC News reports the lawsuit brought by a group of Republican voters challenges the legality of the new district maps, which were widely seen as likely to help Democrats gain seats in Congress and knock some incumbent Republicans out of office.

The court’s decision — which could come at any time — could play a crucial role in the battle for control of the U.S. House, where Democrats now enjoy a thin majority.

Judges repeatedly asked the Democrats’ attorneys about what should happen next if the high court decides to strike down the maps. But they also seemed wary about overstepping their authority.

The Republicans contend in their lawsuit the Democrat-controlled Legislature violated provisions in the state constitution that barred the redrawing of districts for partisan gain. New York’s governor and legislative leaders deny they bent the rules, but two lower courts have already ruled the district maps were drafted specifically to give Democrats an advantage.

The Appellate Court Division in Rochester last week gave the Legislature a deadline of April 30 to come up with revised maps, or else leave the redrafting in the hands of a court-appointed expert. A third ruling against the maps could potentially upend the state’s planned congressional primary, now scheduled for late June.

Attorneys for Governor Kathy Hochul and legislative leaders from her party say the maps address population shifts and unite similar minority and geographical communities. The attorneys urged the judges to allow lawmakers to fix any errors with particular districts.

The Democrats have also criticized computer simulations run by an elections analyst who testified for the Republican plaintiffs that the maps were gerrymandered.

A politically appointed commission was supposed to draw the new maps following the 2020 Census. But that body, comprised of equal numbers of Democrats and Republicans, couldn’t reach consensus. The Democrat-led Legislature then stepped in and passed new maps of its own design.

Among other issues, the Court of Appeals was weighing whether the Legislature had the authority to do so. Some judges on Tuesday questioned whether Democrats followed the spirit of the reforms.

So far this election cycle, courts have intervened to block maps they found to be Republican gerrymanders in North Carolina, Ohio and Pennsylvania, and a Democrat gerrymander in Maryland. Such decisions have led to delayed primaries in North Carolina, Ohio and Maryland.

New York Independent Redistricting Commission Maps (A-Democrat, B-Republican)

The New York Independent Redistricting Commission failed to meet consensus on creating a bipartisan set of legislative maps. The 10 commissioners voted along party lines, so no set of maps reached a majority, with the vote ending in a 5-5 tie.

Proposals by both the Democrats and Republicans keeps most of the 23rd Congressional District intact, but removes Tompkins County which includes Ithaca. Both maps also remove most of Livingston and half of Ontario Counties.

The Republican’s proposed map adds Binghamton to the district.

New maps are expected to be approved by the June primaries. You can view the proposed maps at https://www.nyirc.gov/plans. The Democrat’s map is plan A and the Republican’s map is plan B.

Members of the commission tasked with drawing new legislative boundaries for federal House seats and the state Senate and Assembly on Wednesday said they were unable to agree on one set of maps.

So Democrats and Republicans each issued their own maps and will deliberate over them before sending the final ones to the Democratic-controlled state Legislature for final approval early next year.

Democrats on the state Independent Redistricting Commission recommended the 23rd congressional district currently held by Republican Congressman Tom Reed be folded into neighboring districts.
Republicans, meanwhile, want to carve up the 19th district that runs through the Hudson Valley and into the Albany area currently held by Democratic Congressman Antonio Delgado.

New York’s redistricting process is supposed to be in the hands of a commission to remove some of the influence of members of the state Legislature, who have traditionally drawn boundaries, in effect choosing their own voters, and strengthening the power of incumbency in the process.

The creation of the commission through a state constitutional amendment was supposed to change that process, throwing it to the commission. Without an agreement in place by January 15th when the final set of maps are due, the process could eventually wind back up in the court of the state Legislature, where Democrats have supermajorities in both chambers.

Still, members of the commission hoped the next round of 14 public hearings to be held across the state in the coming weeks will provide an opportunity to reach an agreement.

State Senator George Borrello issued a statement saying, “The IRC’s admission that they were unable to reach agreement on a proposed map, and the release of two very different maps, one drawn by Democrats and the other by Republicans, is concerning. It suggests the very real possibility that the process will end up being controlled, once again, by the Legislature, where Democrats can use the behind-closed-doors gerrymandering process to strengthen their One Party Rule. They have little incentive to compromise through the framework of the IRC.

The people of New York State spoke out and said that they wanted an inclusive, transparent and bipartisan process. With the next round of hearings occurring in the weeks ahead, I encourage New Yorkers to participate and provide their input on these two proposed maps.”

The closest hearing to Chautauqua, Cattaraugus, and Allegany Counties will be the one in Buffalo at 4pm, Wednesday, October 20th at the Burchfield Penney Art Center at Buffalo State College.