The Town Board approved a settlement to a lawsuit alleging that its current at-large election system violates the New York Voting Rights Act.
Before the Tuesday night vote, Supervisor Carl Fulgenzi told the public that the settlement is a best-case option since the Town faced an uncertain verdict, including the possible imposition of a more punitive remedy.
“This was a very hard-fought case,” said Supervisor Fulgenzi. “We had some great advice from counsel, our own and the (outside) counsel that we had, and I think the Town Board had a very difficult time with this. We have to say, Let’s stop the bleeding. We don’t want to spend more taxpayer dollars, but we also want to be fair to our voters, and we think that this would be the best resolution.”
Following more than two years of litigation, the settlement with the plaintiffs ends the lawsuit and modifies how Town Board members are elected. The Town’s at-large voting system will be replaced with a district system beginning in the fall of 2027.
The settlement will increase the Town Board membership to six (6) Town Board members plus the Supervisor (who will still be elected at-large) effective for the 2027 elections. The election of the Town Clerk, Highway Superintendent, Receiver of Taxes and court judges is unaffected by the settlement.
The compromise proposes a three-district system for the Town:
- One district represents the entire Village of Pleasantville.
- A second district encompasses the majority of the Village of Sleepy Hollow.
- The third district encompasses the unincorporated areas of the Town and have four Town Board members who are elected at-large within the third district.
The Town will provide more information about these changes to all residents in advance of the 2027 elections. A full copy of the settlement is posted online.
Recently, the New York Court of Appeals rejected a constitutional challenge to the NYVRA by the Town of Newburgh. Following that decision, and in advance of trial, the Town of Newburgh settled claims that its election system violated the NYVRA and agreed to change its electoral process.
The settlement includes a $1.425 million payment for the plaintiffs’ attorney fees, most of which will be paid by the Town’s insurer.
