By Dan Murphy
Westchester County Deputy County Executive, and New York Independent Redistricting Commission Chair Jenkins, and Commissioners Collado, Cuevas-Molina, Flateau, and Frazier have invited public input on congressional districting while awaiting a decision from the New York Court of Appeals in a case concerning the Commission’s constitutional obligation to complete the congressional redistricting process. Argument before the Court of Appeals is scheduled for November 15, 2023.
The public is invited to submit input by emailing submissions@nyirc.gov or by sending mail to 250 Broadway, 22nd Floor, New York, NY 10007 Attention: Submissions, Independent Redistricting Commission. All submissions received will be made available to all Commissioners and staff.
Should the public wish to view the congressional plans the Commission previously submitted to the Legislature, those plans can be found at https://www.nyirc.gov/plans.
Should the public wish to view the congressional plan drawn by the Special Master appointed by the Steuben County Supreme Court and used in the 2022 congressional elections, that plan can be found at https://www.latfor.state.ny.us/maps/?sec=2022_congress.
On June 28, 2022, a group of NY republican voters filed a lawsuit against the New York Independent Redistricting Commission (the “IRC” or “Commission”) in Albany County Supreme Court asking for a writ of mandamus that would direct the Commission to prepare and submit to the Legislature a second congressional districting plan and the necessary implementing legislation for such plan.
On July 13, 2023, the New York Appellate Division, Third Judicial Department, granted the writ and directed the New York Independent Redistricting Commission to “commence its duties forthwith.” That order is currently on appeal to the New York Court of Appeals, which has scheduled a hearing on the matter for November 15, 2023. The Court of Appeals has held that although the Appellate Division’s order is stayed pending appeal, the “stay does not prohibit the IRC or its members from taking any actions.”
Accordingly, Chair Jenkins, and Commissioners Collado, Cuevas-Molina, Flateau, and Frazier are taking action to obtain public input in the event the Court of Appeals affirms that the Commission is required to submit a second congressional districting plan to the Legislature. As the Appellate Division held, the “right to participate in the democratic process is the most essential right in our system of governance,” and the Commission process is the “means of providing a robust, fair and equitable procedure for the determination of voting districts in New York.”
Former NY Congressman John Faso, who has been leading the fight against the congressional lines drawn by the democrat majorities last year, argues that the democrats legal arguments for new lines to be drawn are “absolutely bogus” and accused them of trying to “re-gerrymander the state. It’s really unbelievable that they would put the candidates and public through this again,” Faso said to USA Today.
The NYS Court of Appeals, the highest court in the state, will begin on Nov. 15 to hear arguments about whether to have the Independent Redistricting Commission attempt again to redraw congressional districts in NY. Democrats are hoping that the court says yes and that the IRC can come up with a new set of congressional lines that are fair to both parties.
The resulting Congressional districts in NY in 2022 helped several House republicans, including Westchester congressman Mike Lawler, win their elections and helped republicans hold a slim, 5 seat majority.
Faso believes that the court of appeals will not grant the IRC another chance at congressional redistricting because, “The constitution is clear that there is no mid-decade redistricting,” and that the next time the lines will be redrawn is in 2030.
If the Court decides early next year to allow another attempt at bi-partisan redistricting, the IRC will have another chance to get its members to agree on a new set of maps. If the IRC can come up with an agreeable set of maps, those maps would have to be approved by the democratic majorities in the State Senate and Assembly, with input from Governor Kathy Hochul.
Theoretically, that would give enough time for the congressional lines to be used in the June primaries in 2024.
