Albany Times Union

Democrats OK congressio­nal map

Redistrict­ing cycle could end if Republican­s do not file lawsuit

- By Joshua Solomon

ALBANY — The multiyear battle to draw New York’s 26 congressio­nal boundaries for the remainder of the decade may have concluded Wednesday afternoon, with Democrats positionin­g themselves to pick up at least one additional seat in the House.

Democrats, who control both houses of the state Legislatur­e with supermajor­ities, had rejected the maps proposed by a bipartisan commission approved by voters and instead adopted their own congressio­nal boundaries, an outcome that drew support from a handful of Republican­s.

The boundaries were unveiled early Tuesday morning and ushered through the Legislatur­e expeditiou­sly, after Gov. Kathy Hochul issued a rare “message of necessity” to allow for the vote to occur on Wednesday rather than be subjected to a three-day waiting period.

The congressio­nal map approved by Democrats represents what is widely viewed as a constraine­d adjustment of the boundaries passed by the bipartisan state Independen­t Redistrict­ing Commission last week.

Speculatio­n mounted earlier this week that Democrats would attempt to pass a map that would heavily favor their party (which is expressly prohibited in the state constituti­on). But they apparently softened their approach as Republican­s declared they would go to court and challenge any map that was drawn to clearly favor the other party’s candidates.

On Wednesday afternoon, state GOP Chairman Ed Cox said “there is no need for further litigation” because the new lines “are not materially different” than the 2022 congressio­nal boundaries that were created in the wake of the Republican­s’ successful court challenge of the process.

The state constituti­on was amended by New York voters in 2014 to create the redistrict­ing commission and remove partisan politics from the process. Although that amendment calls for the commission to pass a bipartisan map it still gives leeway to the Legislatur­e to amend it. A state law, passed in 2013, said any changes by the Legislatur­e to the commission’s map would have to be no more than a 2 percent alteration of population in a given district.

Democrats ultimately approved a map on Wednesday with changes to 10 congressio­nal districts, which could run afoul of the so-called “2 percent rule.”

But in their legislatio­n, Democrats said their map supersedes that state law. In floor debate, lawmakers argued the changes were intended to make the commission’s map comply with the constituti­on requiremen­ts, such as placing Orange County in one congressio­nal district and splitting Rensselaer County into two, but not three districts.

“We did our best to minimize the deviation,” state Senate Deputy Majority Leader Michael Gianaris said on the floor Wednesday.

The result of the Democratdr­awn map compared to the commission’s map is slight alteration­s in the Hudson Valley, leading to relatively more competitiv­e districts, and two districts on Long Island that may be more safely Republican, while one is more favorable to a Democrat.

An additional change, in the 16th Congressio­nal District in Westcheste­r County and the Bronx, marginally changed that district in a way that could assist U.S. Rep. Jaamal Bowman in his primary challenge against Westcheste­r County Executive George Latimer.

Democrats maintain they drew lines so the districts can be more compliant with the constituti­on and that they did not look at political data when drawing the boundaries.

“The state Legislatur­e has adopted a bipartisan congressio­nal map that more meaningful­ly

delivers the type of fair representa­tion that the people of New York state deserve,” U.S. House of Representa­tives Minority Leader Hakeem Jeffries, D-brooklyn, said in a statement.

Any such legal challenge would now have to come through courts in four counties, Albany, Erie, Westcheste­r and New York. Assembly Democrats joined their Senate colleagues in passing the legislatio­n on Wednesday.

Assemblywo­man Amy Paulin, D-westcheste­r County, said the change to certain courts — all in Democratic stronghold­s — would help to develop a specialty that “will help us go a long way.” She compared it to courts that have a specialty in handling cases of battered women.

Assemblywo­man Mary Beth Walsh, a Saratoga County Republican, dismissed the idea by noting redistrict­ing challenges typically only occur every decade and judges serve 14-year terms and have to retire when they reach 70 years old.

“It’s an absolute ruse,” Walsh said.

The initial redistrict­ing legal challenge in this cycle was brought by Republican operatives in deepred Steuben County. In that case, a state Supreme Court justice was able to appoint, after his decision was affirmed on appeal, an outside expert to draw the congressio­nal boundaries for 2022. Democrats introduced the legislatio­n in response to that action to prevent “forum shopping” — even though that judge’s decision had been upheld by two appeals courts.

Democrats would later bring their own redistrict­ing challenge in Albany, which afforded them the opportunit­y to draw a new congressio­nal map this month.

The net result, from the 2022 map to the Democrat-drawn map, may create a more favorable environmen­t for Democrats to win in at least 18 of the 26 congressio­nal districts.

Democrats hold 16 of the 26 New York seats in Congress.

The threat of litigation, despite Cox’s position that the Republican party will not pursue it, remains a possibilit­y and could be filed by an interested party not associated with the GOP organizati­on.

Former U.S. Rep. Lee Zeldin penned an op-ed in the New York Post Wednesday deriding the redistrict­ing actions by Democrats. A spokesman for him, Daniel Gall, told the Times Union on Wednesday afternoon that “if additional action is necessary, it will undoubtedl­y be pursued,” but declined to say whether Zeldin or anyone he is aware of will be filing a lawsuit on the map.

After lawmakers filed out of the Capitol Wednesday, Bobbie Anne Cox, who represent the organizati­on Stop NY Corruption — which has been asserting for weeks if Democrats altered the boundaries it could be grounds for a lawsuit — issued a statement that foreshadow­ed a potential challenge.

“New York’s corrupt election system is still functionin­g,” Cox said. “We still maintain that the 2022 constituti­onally drawn maps should remain in place.”

 ?? Will Waldron/times Union ?? State Senate Deputy Leader Michael Gianaris, left, and Deputy Minority Leader Andrew J. Lanza, right, talk following debate on the Congressio­nal district redistrict­ing map bill on Wednesday at the Capitol in Albany.
Will Waldron/times Union State Senate Deputy Leader Michael Gianaris, left, and Deputy Minority Leader Andrew J. Lanza, right, talk following debate on the Congressio­nal district redistrict­ing map bill on Wednesday at the Capitol in Albany.

Newspapers in English

Newspapers from United States