Top – Proposed Congressional District Map
Bottom – Proposed State Senate District Map
(May 16, 2022)

The court appointed, special master tasked with redrawing New York’s Congressional and state Senate district maps released a draft version of both maps Monday.

City and State report the interactive version of the maps were posted online by Jonathan Cervas, a scholar on apportionment who was tasked with the job.

The House district map seems to spell bad news for New York Democrats, who could have more competitive general elections than ever. Cervas seemed to prioritize that, drawing at least eight of the state’s 26 House districts in a way that either party could be competitive in November. The lines have national implications as well. Democrats have a narrow majority in the House of Representatives currently, and are expecting difficult conditions in this 2022 midterm election.

The initial lines drawn by the Democrat-controlled Legislature and approved in late January would have given Democrats an advantage in 22 of the state’s 26 congressional districts.

The proposed 23rd District is geographically smaller, covering 7 counties compared with the current district lines that cover an 11 county region. The new district would include southern and central Erie County to the north before stretching along the Pennsylvania-border counties to Chemung and Schuyler Counties to the east.

Cervas reconfigured the state’s 63 Senate seats from the State Legislature’s original plan struck down by New York’s highest court for unconstitutional gerrymandering last month to have between 315,450 and 329,505 constitutents each.

The lines were released just before 5 p.m. Monday, about five hours after the draft congressional maps were published.

Cervas wrote, “Because of relative population loss, two districts have been shifted and there are necessary changes throughout the state to reflect population changes.”

The new Senate map reflects 38 districts that lean Democratic, 10 that lean Republican and 15 in the 45 to 55% competitive range, based on 2016 and 2020 election data.

Cervas did not take incumbent addresses into account when redrawing the congressional or Senate districts, basing the lines on standards outlined in the state constitution.

The proposed 57th district still includes all of Chautauqua and Cattaraugus Counties, and now would include Wyoming and Genesee counties. A tetris-like chunk of Allegany County is also in the proposed 57 district.

The maps are just a draft, with the final Congressional and state Senate maps due this Friday, May 20. The public has through Wednesday to submit testimony regarding the maps to Steuben County Acting Supreme Court Judge Patrick McAllister. McAllister has been overseeing the redistricting process following a successful, Republican-backed legal challenge to the maps passed into law by the state’s Democratic controlled legislature and signed by Governor Kathy Hochul. With that short timeline, observers do not expect major changes to be made to the maps.

​Primaries for U.S. House and state Senate races were pushed back to August 23, with the primary for statewide offices and state Assembly races set for June 28.

Meanwhile, there are still some question marks about how the election process will proceed. A new lawsuit filed Sunday in Manhattan Supreme Court seeks to invalidate the Assembly maps and delay the primary election until new lines could be drawn.

Two of the three plaintiffs in the case, Gary Greenberg and New York Young Republican Club President Gavin Wax previously filed legal action in the Steuben County suit to have the maps tossed, but McAllister tossed out their request last week, stating that while he agreed the Assembly maps were also drawn in violation of the constitution, it was too close to the scheduled June primary to redraw the lines.

Queens attorney and Democratic gubernatorial candidate Paul Nichols joined the two in filing the Manhattan Supreme Court lawsuit.

George Borrello

Proposed legislation in the State Senate would expand the scope of Kendra’s Law and broaden the standard for involuntary hospitalization of the most severely mentally ill.

State Senator George Borrello is co-sponsoring the legislation with Democratic Senator Diane Savino.
The legislation would strengthen Kendra’s Law by allowing longer hospital stays for people who fail to follow their court-mandated, assisted outpatient treatment. Current law allows for an involuntary 72-hour hospitalization. Borrello said in a release that this time frame is often inadequate to stabilize a patient. In these instances, the bill would allow mental health professionals to request longer hospital stays.

Kendra’s Law is named in honor of Kendra Webdale of Fredonia who was tragically killed by a man with a long history of schizophrenia in a subway-shoving incident in New York City in 1999. She was a friend and schoolmate of Senator Borrello’s during their years at Fredonia High School.

Another major component of the legislation would broaden the standard for involuntary hospitalization if an individual’s mental illness renders them unable to meet their own basic needs such as food, shelter, clothing or health care. This is the standard recognized by most other states.

Kendra’s Law was scheduled to sunset this summer, but Governor Kathy Hochul has proposed extending the law for another five years. She also is on board with making it easier to recommit someone who had fallen under the law’s jurisdiction in the past.

Borrello said, “The broader standard for inpatient hospitalization would bring New York into alignment with other states and recognize the common-sense truth that if your illness leaves you unable to meet the basic needs for survival, that constitutes as much of a ‘danger to yourself’ as being suicidal. Expanding this definition would allow us to help the seriously ill among our homeless population, giving these people a chance at a safer, more stable life.”

The New York State Senate and Assembly Tuesday night gave their endorsements to a bill to legalize marijuana. On Wednesday morning, Gov. Andrew Cuomo signed the bill, at which point possession of marijuana under three ounces immediately became fully legalized.

According to the Albany Times-Union, Retail sales should start in about 18 months after the government system is set up to oversee the budding industry.

The bill’s passage follows years of effort from activists and some lawmakers to rally support and forge a deal with enough votes to pass both chambers. But it was only after the Democrats gained control of both chambers in 2019 that legalization gained serious momentum.

During Tuesday’s debate on legalization, Republicans raised several concerns, including provisions for people convicted of crimes could get licenses to sell marijuana it the future, about liability for serving marijuana to people below 21, about police enforcement of impaired driving laws and other topics.

The sponsors countered that they were not encouraging anyone to go out and smoke marijuana, but also said that legalization was long overdue because of the countless lives ruined due to the decriminalization of it.

In the end, the vote was nearly down party lines, with all Republicans in both chambers voting against, along with handful of Democrats joining opposition to legalization. Among those voting against legalization were Chautauqua County representatives George Borrello (R -Irving) and Andy Goodell (Republican – Ellicott). Borrello’s full statement on the matter is provided at the end of this story.

For those who apply for licenses, priority will be given to women and people of color. Records will be expunged for marijuana-related offences, and money will be reinvested in communities that have been most harmed by the decades-long war on drugs.

Additionally, counties will not be allowed to opt out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses. However, Cities, towns, and villages will be allowed to do so, leaving the final decision up to each municipality, rather than at the county level.

The opt-out will take effect if a local government passes a local law by December 31, or nine months after the effective date of the legislation.

The historic legislation is expected to raise $350 million annually in revenue.  Additionally, there is the potential for this new industry to create 30,000 to 60,000 new jobs across the State.

STATEMENT FROM SEN. GEORGE BORRELLO

“In the last two years, New York State under one-party-rule has pursued a politically-driven approach to lawmaking that is more concerned with appeasing special interests and earning progressive credentials than creating responsible, effective policies for our state. Regrettably, we’ve gone down that road again with a poorly thought out measure legalizing marijuana for recreational use that was negotiated behind closed doors and without the input of key stakeholders. I believe we’ve made a profound mistake that will have serious economic and social costs for our state and residents.  

“Right now, 14 other states, plus the District of Columbia, have legalized adult-use marijuana. Several of those, such as Colorado and Washington, have laws that have been in place for nearly a decade. There is ample data and evidence from those states that raises numerous red flags. We know that following legalization, states have seen concerning spikes in a number of problems, including marijuana-involved car accidents, marijuana use among teens and rates of mental illness. Figures like these are among the reasons why I remain opposed to taking this step.  

“However, while I am personally opposed to legalization, if New York is determined to head down this path, then I believe we have a responsibility to craft a law that mitigates the risks to New Yorkers to the greatest extent possible, with no loopholes or gray areas. Regrettably, this bill doesn’t meet that standard.  

“While we have made great strides in reducing drunk driving through strict laws and strong enforcement, statistics from other states tell us that the presence of impaired drivers on our roadways will increase significantly with legalization.  However, this legislation doesn’t contain stronger penalties or funding to address that reality. In fact, this measure will make it harder for police to enforce marijuana-related DWI’s with the new limits this bill places on law enforcement using the odor of marijuana emanating from a vehicle to pursue a criminal charge.  

“Also noticeably absent is a direct appropriation to begin increasing the number of Drug Recognition Experts (DREs) among the ranks of our police officers as I have been advocating for several weeks. DREs are highly trained police officers who use a 12-step evaluation process to identify the type of drug impacting a driver and are currently our best resource when it comes to combatting marijuana-impaired driving. With only 343 DREs out of 55,000 police officers statewide, any commitment to truly protecting New Yorkers from this looming threat will require investing tens of millions of dollars towards DRE training.  

“I am also concerned at the potential implications of awarding cannabis licenses to individuals with past felony convictions. New York State law bars individuals with felony convictions from receiving liquor licenses, which is a requirement that was implemented to protect both the state and the public. In failing to hold marijuana licensees to the same standard, we are raising the risk of potential problems and liability on the part of the state.  

“While public polls may show support for legalizing recreational marijuana, it’s our job to ensure that it’s done responsibly – to tune out the noise and focus on good policy, while rejecting misguided ideas that only serve to placate special interests. The litmus test for any legislation should be whether it protects New Yorkers, first and foremost. This bill fails on that count. That is why I voted ‘no’.” 

Sen. George Borrello (R-NY 57th District) joins us for a conversation and update on news coming out of Albany. We discuss the embattled governor Andrew Cuomo, the State Budget, and COVID response.

George Borrello

Gov. Andrew Cuomo during his presentation of the State Budget on Jan. 19, 2021 (Mike Groll/Office of Governor Andrew M. Cuomo)

ALBANY – Democrats in the state Assembly and Senate have finalized a deal to strip Gov. Andrew Cuomo of his coronavirus emergency powers.

The state legislature first delegated the emergency powers to the governor in March 2020 during the start of the pandemic. The authority gave Cuomo the ability to issue executive orders with the force of law on any issue relating to the COVID-19 pandemic, including altering specific regulations for businesses across the state, requiring mask-wearing and social distancing, and limiting or shutting down parts of the economy. Since then, Cuomo has used the authority to issue nearly 100 executive orders and has also issued more than 500 directives, modifications or suspensions of state regulations.

Throughout the time he’s held the powers, the Legislature still could have overturned individual orders by the governor with a majority vote, but that never occurred. But now that the governor is the focus of a federal criminal investigation in the state’s handling of nursing homes during the pandemic, along with the more recent allegations of sexual harassment, the democratic controlled Assembly and Senate are both ready to end Cuomo’s executive authority.

The agreement will prohibit the governor from unilaterally issuing new executive orders related to the pandemic without legislative review. But he will retain the ability to tweak or renew existing orders.

A vote on the measure is expected Friday.

Meanwhile, the number of lawmakers calling for Cuomo to resign immediately increased this week after a third woman came forward to allege the governor physically harassed her.

The intensifying calls for his resignation follow unsettling allegations from three women — former aides Lindsey Boylan and Charlotte Bennett, and Anna Ruch, who did not work for Cuomo but told the New York Times that Cuomo grabbed her and attempted to kiss her at a wedding in September 2019.

The politicians breaking ranks with Cuomo include a batch of progressive Democrats in the Legislature — as well as a Democratic member of Congress from Long Island, Congresswoman Kathleen Rice.

Cuomo has said he will defer further comment on the harassment allegations until after the investigation against him is completed.

The COVID-19 pandemic has presented unique challenges for all New Yorkers and crippled our economy – in particular our restaurants and hospitality businesses in New York State. Hundreds of thousands of New Yorkers work in this industry, including many hourly and tipped wage employees, and wait staff, bartenders, and hotel workers have counted heavily toward the state’s skyrocketing unemployment numbers since the onset of the pandemic last year. State coffers have also suffered, as the hospitality industry is the number one source of sales tax revenue in New York City, and number two in the state.

“Unfortunately, our Governor does not seem to understand how important these restaurants, hotels, and their employees are to making our economy function. Using his executive authority, the Governor has put extremely damaging and burdensome restrictions on the industry without outlining any plan for how government will help reverse the damage it created. The Senate Democrats have been a voiceless non-entity in this situation, devoid of any plan of their own or proactive initiative to help. It’s high time state government – including the State Senate – roll up our sleeves and begin to restart, rethink, and renew our commitment to restaurants and hospitality businesses to make our State thrive again,” said Senator Borrello.

The cornerstone of the package of legislation advanced by the Senate Republicans today includes a comprehensive bill, sponsored by Senator Borrello, to provide relief to business owners and employers affected by the COVID-19 pandemic. The bill would:

• Exempt small businesses from being penalized with higher unemployment insurance rates due to layoffs resulting from COVID-related, government-mandated closures. The exemption would extend for a period of one year from when they are permitted to return to full capacity;
• Prohibit internet-based food delivery services from charging higher fees than they charged on or before March 1, 2020;
• Provide small businesses additional time to pay monthly sales and payroll taxes, as well as, business and property taxes;
• Offer interest-free loans or lines of credit to small businesses;
• Provide a one year extension for renewal of liquor licenses; and
• Provide businesses a 90 day grace period to pay any fees or penalties due to state and local agencies.

Also included in the plan announced by the Senate Republican Conference were pieces of legislation that would:

• Direct SLA-inflicted fines into a business relief fund to help small businesses get back on their feet (Senator Mike Martucci);
• Provide for a credit on liquor license renewals for the amount of time bars and restaurants were forced to be shut down due to the COVID-19 pandemic (Senator Joseph Griffo);
• Create a limited state sales tax exemption for the sale of food and drink at restaurants and taverns from state sales and compensating use taxes and granting municipalities the option to grant such limited exemption (Senator Daphne Jordan);
• Provide a tax check off box that will direct funds into a business relief fund (Senator Mario Mattera); and
• Create an employee retention tax credit, modeled after the Federal Employee Retention Credit, to help employers keep workers on payroll (Senator Peter Oberacker).

“This package of legislation includes necessary measures to help our restaurants and hospitality industry get back on their feet after the sharp declines in revenue they’ve suffered as a result of the pandemic and bad policy. Without assistance, too many of our small businesses are going to be forced to close their doors for good – the state needs to act quickly to provide relief,” said Senator Borrello.

(Left to Right) Jason Schmidt, PJ Wendel, Andy Goodell, George Borrello, and Tom Reed

It was a clean sweep for Republicans in Chautauqua County in the 2020 Election, as all GOP candidates on the ballot appeared to have won their respective races, regardless of the record number of absentee ballots that have been cast and await to be counted.

The big winners in the county-wide races were Andy Goodell (R-Ellicott) for the 150th State Assembly District, Paul “PJ Wendel (R-Lakewood) for the special election for Chautauqua County Executive, and Jason Schmidt (R-Fredonia) in the race for Chautauqua County District Attorney. Also picking up regional victories were George Borrello (R-Irving) for the 57th State Senate District and Tom Reed (R-Corning) for the New York 23rd Congressional District.

• ALL ELECTION NIGHT TOTALS IN CHAUTAUQUA COUNTY

SCHMIDT VOTED INTO OFFICE FOR THE FIRST TIME

Jason Schmidt

For Jason Schmidt, the second time was a charm in his run for Chautauqua County District Attorney. He appears to have cruised to any easy victory over incumbent Patrick Swanson (D-Fredonia) after previously losing to the current DA in the 2016 election.

This time around, Schmidt received 29,925 votes between early voting and Election Day voting while Swanson picked up 17,122.

According to the Chautauqua County Board of Elections, there remains a possible 11,926 absentee ballots in Chautauqua County that could be added to the final vote total, but even if Swanson picked up all of those votes, he still wouldn’t have enough to win.

“I’m humbled, honored, and grateful to all my supporters and so appreciative to the team of people who have stood by my side the entire time and the movement that we created. Getting into this, it was really about the community – the victims and the police. We stayed true to that and that’s really what it is all about for me,” Schmidt told WRFA on Election Night following news that he had won.

Schmidt also offered his thoughts on how he was able to win by such a wide margin on Election Night.

I think in many respects, the election was about different philosophical approaches to the office. I tried to make that clear and I wanted to define the campaign based on that. I felt there wasn’t enough emphasis being placed on prosecution and conviction,” Schmidt said. “That doesn’t mean that I want to go out there and be a hammer looking for a nail, that’s not who I am. But at the same time I feel there were a lot of people let down in many high profile cases here, and that was never lost on me. It was important that they be remembered and honored by my campaign.”

WENDEL NO LONGER ‘ACTING’ COUNTY EXECUTIVE

PJ Wendel

In the special election for Chautauqua County Executive, Wendel defeated Democratic opponent Richard Morrisroe (Dunkirk) by an election night vote of 33,633 to 13,126. Wendel had been serving as acting county executive after being appointed by the Republican-controlled county legislature at the start of this year. Previously he had served as a member of the legislature representing Lakewood and Busti along with a small portion of Jamestown. He also was legislature chairman prior to his appointment to county executive.

“I’m excited and I’m very humbled by the residents of the county who elected me for this position. I’m humbled to win by that much – that’s the voters who spoke. It’s not an appointment, that’s the residents of the county and I think that means a lot. I’m humbled to have that kind of a margin,” Wendel said.

Wendel will now serve the final year of the current term of the office for County Executive and will have campaign all over again next year, as he’s already stated that he wants to serve a full term as the county’s top executive.

GOODELL LOCKS UP 6TH TERM IN ASSEMBLY

In the race for the 150th State Assembly District, Goodell also had an insurmountable lead over his Democratic opponent, Christina Cardinale of Jamestown. Goodell received 34,627 votes on election night to Cardinale’s 12,514.

Andy Goodell

“I’m very thankful that the residents of the Chautauqua County have given me the opportunity to represent our county in the State Legislature and I’m also very thankful that my Assembly colleagues give me the opportunity to serve as the floor leader on the floor of the Assembly,” Goodell said. “That gives me the opportunity to make sure the voices, concerns and issues that are important to us here in Chautauqua County are front and center in all of our legislative proceedings. I’m excited to go back, but I’m also very mindful that there is a tremendous amount of work to do and it will take everybody’s help and cooperation as we move forward to address these serious issues.”

The win secures Goodell a 6th term in Albany after first being elected to the office in November 2010.

BORELLO WINS FIRST FULL TERM IN STATE SENATE

George Borrello will also continue representing the three southwestern-most counties of the state in the State Senate as he easily won a full two years to represent the 57th District in Albany.

George Borrello

Borrello defeated Frank Puglisi (D-Cattaraugus County) with an election night final of 78,047 to 24,940.  Borello was first elected to the Senate in a special election last year to finish the final year for the current term after former Sen. Cathy Young resigned from her post in early 2019 to take a job in the private sector.  Last year, he defeated Democrat Austin Morgan by 42,563 to 17,270.

“I am honored and grateful for the trust that the hardworking people of our region have again placed in me to represent the 57th District,” Borrello said in a statement released Tuesday night. “Over the past year, we’ve faced the unimaginable challenges of a global health emergency and a devastating economic crisis…. The COVID-19 challenge has exacerbated many existing issues and failures of our state government, which has further energized the need for change. That will be the starting point for our efforts. We must now set aside the politics and work to face the tough road ahead. I vow to continue working to advance our recovery and fight against the extreme, politically self-serving agendas that undermine our security, ignore our shared values, and prevent us from realizing our fullest potential.”

REED DEFEATS MITRANO IN REMATCH OF 2018 RACE

Tom Reed

In the race for the 23rd Congressional district, Republican incumbent Tom Reed defeated Democratic Challenger Tracy Mitrano (Penn Yan) with an election night total o 160,131 to 90,959. It’s not known how many absentee ballots remain to be counted throughout the district but it is likely that there are not enough outstanding to give Mitrano an opportunity for a come-from-behind victory.

It was the second time in as many elections that Reed squared off against and defeated Mitrano.

GREENAN WINS SUPREME COURT RACE

There was also a race for State Supreme Court for the eight counties making up the Eight Judicial District. In that race, Republican candidate Gerald Greenan III defeated Democrat Amy Martoche 246,688 to 181,674. Again, the total number of absentees that remain to be counted are not available at this time, but the Greenan has a likely insurmountable lead over Martoche.

The final vote totals for each race won’t be known until later this month after all absentee ballots are opened and counted and then the canvasing of all votes takes place to provide an official, final result.

George Borrello (left) and Andy Goodell

JAMESTOWN – As New York voters watch the 2020 presidential campaign from the sidelines, Senator George Borrello and Assemblyman Andy Goodell have introduced legislation that would give New Yorkers more of a voice in the process by requiring the state’s electoral votes to more accurately reflect the popular vote.

Under the current system, all of New York’s electoral votes are cast for the presidential candidate that receives the greatest number of votes statewide.  This “winner-take-all” approach enables a presidential candidate to win the election based on wins in a few key states, without consideration of the millions of people who may have voted for a different candidate.

The number of electoral votes in each state is based on the number of its congressional members and senators. The legislation drafted by Assemblyman Goodell and Senator Borrello would replace the winner-take-all model with the “congressional district method” that allocates electoral votes based on the plurality of the popular vote within each congressional district. Two electors would continue to be selected based on the statewide vote, as are the U.S. Senators.

Currently in use by Maine and Nebraska, the two Republican legislators say the congressional district method results in a more proportional allocation of electoral votes overall, while preserving the constitutionally-mandated Electoral College.

“Every campaign season, citizens are encouraged to exercise their right to vote and are barraged with messaging that their ‘vote matters.’ Yet, every four years, that notion is wholly undermined when the two major party candidates for president focus their presence, platform and resources on a handful of swing states, at the expense of New York voters whose electoral votes are a foregone conclusion under the current system,” said Senator Borrello. “Regional political differences are obscured and it increases assumptions by people in both parties that their vote for president is irrelevant.”

Assemblyman Goodell noted that the congressional district system could easily be implemented through the passage of legislation, without any amendments to the Constitution.

“Although the Constitution established the Electoral College system, it does not mandate the framework by which states must choose electors or allocate electoral votes. The congressional district method is a proven  alternative that would achieve the goal of strengthening New Yorkers’ influence in presidential campaigns. It is entirely consistent with the electoral process that our Founding Fathers originally designed, while reflecting more accurately the popular vote within the state,” said Assemblyman Andy Goodell.

The legislation advanced by Senator Borrello and Assemblyman Goodell stands in contrast to a measure Governor Andrew Cuomo signed into law in 2016 that committed New York to the National Popular Vote compact, an interstate agreement in which member states pledge all of their electoral votes to the candidate who wins the popular vote nationwide, even if that candidate received few votes within the state.

Borrello and Goodell claim such an approach makes a mockery of the vote within each state, and dilutes the importance and value of individual state rights.

“Although the notion of essentially eliminating the Electoral College in favor of a nationwide popular vote has support, such a switch would actually incentivize candidates to further narrow their focus to just a few large states or a handful of major metropolitan areas. Smaller states and less densely populated regions of the country would be ignored,” said Senator Borrello.  “Our framers had the foresight to see that a two-step election process would be a check and balance against a few large states essentially choosing the president for the entire nation.”

Goodell noted that, “The method we are proposing would encourage candidates to campaign in New York because of the political diversity of its different regions. Both Republican and Democratic candidates would have the potential of winning electoral votes here. We’ve seen that happen in both Maine and Nebraska under this system.”

In 2008, Nebraska’s 2nd Congressional District went to Democratic nominee Barack Obama although the rest of the state went to Republican nominee John McCain. Similarly, in 2016, Republican candidate Donald Trump won the 2nd Congressional District in Maine, while the remaining state votes went to Democratic candidate Hillary Clinton.

“Our right to vote is one of America’s most cherished liberties. A key part of encouraging higher turnout is creating a system where citizens feel their vote has an impact,” said Assemblyman Goodell. “Making this change to our presidential election process would be a strong step in that direction.”

WRFA’s Jason Sample talks with Senator George Borrello to discuss Albany’s response to COVID-19, the State Budget, and Mail-In/Absentee voting during the 2020 General Election.

George Borrello