Redistricting and Reapportionment

Subterms

    More stories

    • 138 Shares119 Views

      in Elections

      When Will We Have Results in Ohio and Indiana’s Primary Contests?

      by

      As we have said before, predicting the timing of election results is not an exact science. It can be downright messy. And surely, every election night is different.Many factors can contribute to how late, or how early, results are reported: when polls close, what time election officials can start tabulating absentee ballots and how close races are, to name a few.For the marquee races in Ohio, like the closely watched U.S. Senate primary, the secretary of state said it would begin posting unofficial results on its website at 8 p.m. Eastern time, half an hour after voting ends. In 2020, about half the vote had been counted by 8:30 p.m. in Ohio, said Stephen Ohlemacher, the election decision editor for The Associated Press.Absentee ballots can’t be tabulated in Ohio until the polls close, and are then counted first, according to Rob Nichols, a spokesman for the secretary of state. As of Friday, about 162,000 ballots had already been cast in Ohio through the mail or via early, in-person voting, which ended on Monday, according to The A.P. In 2018, there were about 280,000 ballots cast before the primary in Ohio, which The A.P. estimated was 17 percent of the total vote.Results for U.S. House races in Ohio will appear on county-level board of election websites before the secretary of state’s, putting the onus on the candidates, political parties and news media to tally results for each county in a congressional district. The secretary of state’s office cited Ohio’s back-and-forth on redrawing congressional maps as the root cause of the delay in updating their website.Indiana expects to start posting results on the secretary of state’s website shortly after polls close — which is 6 p.m. local time, whether in the part of the state that is in the Eastern time zone or in the Central time zone. Election officials in the state can begin counting absentee ballots on the day of an election, but cannot post any results until after the polls close.As of Monday morning, 146,365 ballots had been cast statewide, both through the mail and early, in-person voting, which ended on Monday in Indiana, according to The A.P. The total ballots cast in the 2018 primary was 173,000. More

    • 125 Shares139 Views

      in Elections

      National Democrats Make Last-Gasp Push to Keep N.Y. District Maps

      by

      Democrats are seeking to reinstate congressional district maps that were declared unconstitutional last week by New York’s highest court.With the balance of the House of Representatives at stake, national Democrats made an 11th-hour appeal to a federal court on Monday to intervene in New York’s heated redistricting dispute, hoping to reinstate House maps thrown out by the state’s highest court last week.In a 17-page complaint, they argued that there simply was not enough time to implement the order from the State Court of Appeals for new district lines and still comply with a longstanding federal court order meant to protect the rights of Americans casting ballots from overseas.The Democrats asked a panel of federal judges to exercise its authority to effectively block the state court from enforcing its decision, and instead require New York to hold this year’s elections in late June, as originally scheduled, on the map adopted by the Democrat-dominated Legislature.“The state has an obligation to timely redistrict,” the complaint said. “Since it has failed to do so, this court must act.”The unusual legal maneuver, funded by the Democratic Congressional Campaign Committee on behalf of five New York voters, amounted to a last-gasp effort by party leaders to save a set of lines that could net their party as many as three new seats in the battle for control of the House.The State Court of Appeals tossed the maps last week, ruling that Democratic state leaders had violated a 2014 amendment to the State Constitution, including a ban on partisan gerrymandering. In a far-reaching decision, the judges ordered a court-appointed special master to draw the new lines instead and set the stage for the primary to be delayed until Aug. 23.While it is not unheard-of for federal courts to temporarily allow elections to proceed on flawed maps for pragmatic reasons, it was far from clear that Democrats’ arguments would prevail here.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.A federal judge could, for example, be persuaded that there was enough time to draft new maps to satisfy the state court this year under the revised primary calendar. Other states frequently hold late-summer primaries and are able to comply with overseas ballot requirements.Republicans said they were confident the state ruling would stand unimpeded.“It’s a Hail Mary and a sign of desperation,” said John Faso, a former congressman who helped bring the Republicans’ initial legal challenge. “An Aug. 23 primary fully complies with the requirements of the federal military voters act.”National Democratic leaders on Monday coupled the lawsuit with a public campaign to openly pressure the state courts to alter the process for drawing the new district lines, in case they do not prevail in court.Representative Hakeem Jeffries of New York, the No. 5 House Democrat, criticized the judge overseeing the case for creating a process that makes it difficult for voters of color in his Brooklyn district to have any say in the final maps at all.The judge, Patrick F. McAllister, has ordered that anyone wishing to offer input to the special master must do so in person at a courthouse in Bath, N.Y., on Friday.Mr. Jeffries noted, in arguments that echoed parts of the lawsuit, that it was a five-hour drive from New York City and virtually inaccessible by public transportation — an arrangement he called “not acceptable.”“The court must immediately schedule additional hearings at locations accessible throughout our state, including in New York City, Albany and Buffalo, before ruling on legislative and congressional districts drawn by an unelected, out-of-town special master,” he wrote to the judge.The initial lawsuit, filed against New York State Democratic leaders, was financed and supervised by Republicans in Albany and Washington, and filed before Justice McAllister, a conservative Republican in Steuben County, N.Y.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

    • 100 Shares109 Views

      in Elections

      How N.Y. Democrats Lost a Critical Redistricting Battle

      by

      When an independent redistricting commission failed to reach consensus, Democratic leaders decided to make their own maps and risk a lawsuit.It was 2020, more than a year before New York began its once-in-a-decade redistricting process, when Carl Heastie, the Assembly speaker, foresaw a problem.New York voters had empowered a bipartisan commission to guide the task of drafting new legislative maps for the House and local state districts. But Mr. Heastie worried that constitutional language behind the new process would give incentive to Republicans to undermine the commission, according to two Democrats familiar with the discussions.If the commission failed to complete its work, Republicans could try to push the mapmaking process directly to the courts, rather than the Democrat-dominated Legislature.With a handful of crucial House and State Senate seats hanging in the balance, that outcome could have been disastrous for Democrats. They drafted a constitutional amendment to head off Republicans, but voters soundly rejected it last November. Lawmakers then tried another workaround, passing a bill authorizing the Legislature to act if the commission failed to complete its work.Mr. Heastie’s fears came to pass in January, when Republican commissioners refused to approve a final recommendation to the Legislature.But rather than defer to the courts, Democratic leaders decided to make a bet: They disregarded the commission’s work, unilaterally approved maps that positioned their party to pick up key House seats, and hoped that their legal change would withstand scrutiny.Carl Heastie, the Assembly speaker, had warned colleagues that a new redistricting commission might intentionally deadlock.Cindy Schultz for The New York TimesOn Wednesday, the Democrats’ maneuver imploded.In a sharply worded decision, the New York State Court of Appeals said that the Legislature’s actions violated the State Constitution, accusing Democratic leaders of placing partisan interests above the will of the voters who, in 2014, created the commission and outlawed partisan gerrymandering.A majority of the seven-judge panel — all appointed by Democrats — explicitly found fault with Mr. Heastie’s attempted procedural fix, ruled that the congressional maps had been “drawn with impermissible partisan purpose,” and empowered a court-appointed special master to redraft the congressional and State Senate lines.The ruling threw New York politics into chaos and scrambled the national fight for control of the House of Representatives this fall.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.“Any Democrat in New York today who you get on the phone and tells you anything other than this was an unmitigated disaster, is just not telling you the truth,” said Chris Christie, the former New Jersey governor who helps lead the Republicans’ national redistricting effort.Democrats had been counting on the new maps in New York to provide as many as three new House seats, offsetting expected Republican gains through redistricting in other states.The final outcome of the 2022 battlefield may still depend on whether Florida courts strike down Republicans’ new map there as a gerrymander. But for now, Republicans appear poised to best the Democrats nationally for the second consecutive redistricting cycle, making it increasingly difficult for Democrats to hold onto their slim House majority.The situation in New York was even more tenuous. Not only will it take a court-appointed special master weeks to draw new lines — significantly scrambling contests that have already been going on for months — but election lawyers said on Thursday that they were not certain how the state could even comply with the order and other election-related requirements.For instance, while it at first appeared that primaries for statewide offices like governor and lieutenant governor had not been affected by the ruling, those contests may be called into question, after all. To qualify for the ballot, the State Board of Elections requires candidates for statewide office to collect petitions from voters in multiple congressional districts. No one could immediately say whether those petitions, filed weeks ago, were now invalid.“Boy, that could really upend the elections much more than I originally thought,” said Jerry H. Goldfeder, a Democratic elections lawyer who wrote a leading textbook on New York election law, as he puzzled through the ruling Thursday morning.Mr. Goldfeder and other Democrats strenuously disagreed with the Court of Appeals’ decision, the first time in half a century that the judges have struck down a map approved by lawmakers. They called it judicial overreach and heaped blame back on Republicans, who they say intentionally sabotaged the commission’s work in hopes of achieving the outcome they ultimately won in court.“It would have been impossible for us to actually meet the threshold laid out by the Court of Appeals because the Republicans refused to come to a meeting to vote,” said David Imamura, the Democratic appointee who chaired the redistricting commission.He called the current system “unworkable” and warned that the Court of Appeals decision, while attempting to vindicate the will of the voters, would actually ensure that one party or the other always has a political incentive to deprive the Legislature of the ability to draw lines.Jack Martins, Mr. Imamura’s Republican counterpart, did not return requests for comment.In reality, both parties entered this year’s redistricting cycle knowing that the commission was legally untested and had serious flaws that made it different from those that have worked in other states.Created out of a compromise between former Gov. Andrew M. Cuomo and Republicans who controlled the Senate at the time, the panel consisted of even numbers of Democratic and Republican appointees. It lacked clear incentives to compromise, and its work could always be overruled by the Legislature if lawmakers rejected two consecutive proposals by the body.But voters, sick of years of political mapmaking in New York, enthusiastically enshrined it in the State Constitution alongside language outlawing partisan gerrymandering.For a time, the commission appeared to be working. That changed late last year, when the members began to draft final congressional, State Senate and Assembly maps. Rather than sending the Legislature one set of maps to consider in January, the commission sent competing partisan maps.When those maps were rejected, the commission simply collapsed without submitting a second proposal required by the State Constitution, eventually laying the groundwork for the Republicans to sue.Democratic lawmakers insist that after the commission failed, they proceeded in good faith, acting on what courts in New York have long recognized as the authority of the representative branch of government to draw maps.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

    • 88 Shares119 Views

      in Elections

      Court Tosses Out Maps That Favored Democrats

      by

      Primaries for Congress and the State Senate are likely to be delayed after New York’s highest court ruled that new districts were unconstitutional.Good morning. It’s Thursday. Today we’ll look at a decision that many people who follow politics in New York did not expect: The state’s top court threw out the new map for congressional and State Senate districts. We’ll also look at opposition to the city’s plans for homeless shelters in Chinatown.Cindy Schultz for The New York TimesNew York’s top court said Democrats had violated the State Constitution when they took it upon themselves to draw new congressional and State Senate districts, which were widely seen as likely to favor Democratic candidates. The judges ordered a court-appointed expert to prepare new maps.The ruling is expected to delay the June 28 primaries for congressional and State Senate districts until August, to allow time for new maps to be readied and for candidates to collect petitions to qualify for the ballot in the districts on those maps.But there could still be primaries in June for governor and the State Assembly because those districts were not at issue. The high court left it to a trial court judge and the state Board of Elections to figure out the details with “all due haste.”My colleague Nicholas Fandos writes that Democratic leaders had counted on the Court of Appeals, with all seven judges appointed by Democratic governors, to overturn earlier decisions about the congressional and State Senate maps from a Republican judge in Steuben County and a bipartisan appeals court in Rochester. The high court instead issued a more damning verdict that is not subject to appeal.National Democrats had looked to New York to pick up as many as three new seats in the fall and offset redistricting gains by Republicans across the country. Now, with the ruling likely to eliminate the prospect of Democratic gains in New York, Republicans’ chances of retaking control of the House of Representatives appear to have increased.With Chief Judge Janet DiFiore writing the majority opinion, the court concluded that the Democrats — who control the Assembly and State Senate and adopted the maps at issue in February — had ignored a constitutional amendment approved by voters in 2014 that banned partisan gerrymandering. The judges said the Democrats had designed districts “with impermissible partisan purpose.”Gov. Kathy Hochul, a Democrat, said she was reviewing the decision. Michael Murphy, a spokesman for Democrats in the State Senate, said they still “believe in the constitutionality” of their maps and will repeat that to the court-appointed expert assigned to draw ones.Republicans and several nonpartisan public interest groups applauded the ruling. “The will of the people prevailed over the Corrupt Albany Machine in a tremendous victory for democracy, fair elections & the Constitution!” Representative Nicole Malliotakis, an endangered Republican, wrote on Twitter. Her Staten Island-based district was among several that the Democrats’ congressional map would have made significantly bluer by adding liberal voters from Park Slope in Brooklyn.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.WeatherEnjoy a sunny day in the high 50s with breezes that will continue into a mostly clear evening, when temps will drop to the 40s.alternate-side parkingIn effect until Monday (Eid al-Fitr).The latest New York newsMayor Eric Adams has appointed several well-respected government professionals with no known red flags. But he has also surrounded himself with friends and allies with histories that led to protests and even arrests.A former Police Department officer accused of assaulting a Washington police officer during the Capitol riot is on trial.A newly released, partially redacted 2017 letter confirmed the Yankees’ illicit use of electronic devices to decipher and share opposing teams’ signs.Chinatown fights the city’s shelter planAndrew Seng for The New York TimesThe Chinatown neighborhood in Manhattan is about to get two new homeless shelters, one of which is proposing to allow drug use. Residents are fighting the city’s plans. I asked my colleague Andy Newman, who covers homelessness and related issues, to explain.The fight over the new shelters has elevated the usual not-in-my-backyard objections. What’s fueling residents’ heightened urgency?Hardly any neighborhood in the city welcomes homeless shelters. But anti-Asian hate crimes increased by over 300 percent from 2020 to 2021, and a lot of those attacks were linked to homeless people — and a lot of people in Chinatown feel that their very right to live is under attack. One man whose children go to school in Chinatown said at a community board hearing: “We do so much for this country and the city, and our human rights, my son and daughter’s human rights, are being taken away.”You mentioned the community board, which has just voted to oppose one of the new shelters. Will that vote make a difference, or will it just add to the pressure on Mayor Eric Adams?The community board’s vote is not binding — the city does not need the community board’s support to open that shelter, on Grand Street. But the community board resolution against it, which was introduced in response to complaints from the community, is a measure of the degree of opposition. The optics are tricky for Adams. He has thrown his weight behind opening more shelters as part of his plan to convince people who live in the streets and subways to come indoors. He has also been a strong supporter of the “harm reduction” approach to the opioid crisis that this planned shelter embraces.But he is also under pressure to stop hate crimes against Asian New Yorkers, and many residents of Chinatown believe that this shelter would lead to more such crimes — even though the shelter’s supporters, and city homeless services officials, argue that the shelter will actually make the neighborhood safer by taking in people who are already homeless in the neighborhood and connecting them to mental health and substance abuse services.Jacky Wong, founder of Concerned Citizens of East Broadway, which opposes another Chinatown shelter, questions the city’s approach of opening shelters in areas with a lot of street homelessness. “People may come here just to buy drugs, and so they would be considered ‘from’ this neighborhood,” he told me. “Why not give them housing in a neighborhood where they have more positive connections?”How has Chinatown coped with what residents say was a surge in random violence and thefts that accompanied the pandemic?Every Chinese-speaking person we interviewed has either witnessed or been a victim of some kind of episode of violence, crime or disorder that they attributed to a homeless person. Senior citizens are taking self-defense courses. Doctors said they send their staff home early so that they don’t have to deal with the streets and subways after dark.The city says the new shelters are partly a response to the killing of a homeless Asian man in 2019. But plans to name one of the shelters for him have drawn opposition. Why?Many people in Chinatown feel that the city is exploiting the 2019 murder of Chuen Kwok, an 83-year-old man from Hong Kong who slept in the street in Chinatown, as a justification for forcing a shelter on a community that doesn’t want it. These planned shelters are intended for people who are street-homeless, and there is a widely held belief in Chinatown that street homelessness is primarily a problem of the non-Chinese population, notwithstanding Kwok.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

    • 150 Shares129 Views

      in Elections

      Democrats Lose Control of N.Y. Election Maps, as Top Court Rejects Appeal

      by

      The Court of Appeals said Democrats violated the State Constitution and ignored the will of the voters. The judges ordered a court-appointed expert to draw replacements.New York’s highest court ruled on Wednesday that Democratic leaders had violated the State Constitution when they took it upon themselves to draw new congressional and State Senate districts, and ordered that a court-appointed special master draft replacement lines for this year’s critical midterm elections.In a sweeping 32-page ruling, a divided New York State Court of Appeals chided Democrats for ignoring a constitutional amendment adopted by voters in 2014 to curb political influence in the redistricting process. The amendment also created a new outside commission to guide the process.The judges additionally found that the congressional districts designed by Democrats violated an explicit state ban on partisan gerrymandering, undercutting the party’s national campaign to brand itself as the champion of voting rights.Writing for the four-judge majority, Chief Judge Janet DiFiore said that Democratic lawmakers created congressional and State Senate maps in a way that was “procedurally unconstitutional,” and that the congressional map in particular was “drawn with impermissible partisan purpose.”The ruling, which is not subject to appeal, was expected to delay the June 28 party primaries for the congressional and State Senate districts until August, to allow time for new maps to be drawn and for candidates to collect petitions to qualify for the ballot.The verdict delivered a stinging defeat to Democrats in Albany and in Washington and cast this year’s election cycle into deep uncertainty.Party leaders had been hopeful that the Court of Appeals, with all seven judges appointed by Democratic governors, would overturn earlier decisions by a Republican judge in Steuben County and a bipartisan appeals court in Rochester.Instead, the high court issued an even more damning verdict that denied the Democrat-dominated State Legislature a chance to redraw the maps itself. That task, the judges said, should be handled by a politically neutral special master, who would be overseen by a trial court.National Democrats had been counting on the New York congressional maps adopted in February to deliver as many as three new seats this fall and offset redistricting gains by Republicans across the country. Now, with Democratic gains likely to be erased or minimized in New York, Republicans are on track to make modest gains nationally, easing their path to retaking control of the House of Representatives this fall.Democrats were likewise expecting the State Senate maps they adopted in February to help safeguard the party’s supermajority in Albany.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.Wednesday’s decision was a milestone in New York jurisprudence, the first time since the 1960s that the Court of Appeals has struck down district lines approved by lawmakers in their once-in-a-decade redistricting process.But the ruling is part of a growing trend across the nation in which state courts have taken up more active stances against partisan gerrymandering as federal courts have been removed from these battles by the Supreme Court.This year alone, state courts in Ohio, North Carolina, Kansas and Maryland have scrapped plans put in place by lawmakers because they ran afoul of state constitutional language outlawing partisan mapmaking, like that adopted by New York voters in 2014. The courts are widely expected to scrutinize new lines in Florida that overwhelmingly favor Republicans, as well.“States can be the laboratories of redistricting reforms,” said Samuel Wang, the director of the Princeton Gerrymandering Project. “And this just goes to show that if a state court is willing to look carefully to its constitution and laws, it will find principals that can restrict the most extreme partisan acts.”Unlike New York, though, some of those courts have indicated they will allow 2022 elections to take place on tainted maps, potentially putting Democrats at a greater disadvantage nationally.The judges in New York were silent on whether to reschedule primary elections for other contested seats — including for governor, lieutenant governor and the State Assembly — leaving it to a trial court judge, Patrick F. McAllister, and the State Board of Elections to work out the details with “all due haste.” The board said Wednesday evening that it did “not foresee” moving those contests.But the judges appeared to bless the idea of separating them, pointing out that New York has a history of holding bifurcated primaries. They were more explicit in rejecting Democrats’ plea to allow this year’s elections to proceed on tainted lines and fix them later.“We reject this invitation to subject the people of this state to an election conducted pursuant to an unconstitutional reapportionment,” Judge DiFiore wrote in the majority opinion.Justice McAllister has already appointed Jonathan Cervas, a postdoctoral fellow at Carnegie Mellon University, as special master to draw the congressional and State Senate lines by late May.Gov. Kathy Hochul, a Democrat, said Wednesday afternoon that she was reviewing the decision. Michael Murphy, a spokesman for Senate Democrats, said they still “believe in the constitutionality” of their maps and plan to argue their case to the special master.Republicans and several nonpartisan public interest groups lauded the decision.“The will of the people prevailed over the Corrupt Albany Machine in a tremendous victory for democracy, fair elections & the Constitution!” Representative Nicole Malliotakis, a New York City Republican, wrote on Twitter.Ms. Malliotakis’s Staten Island-based district was among several that the Democrats’ congressional map would have made more challenging for Republicans, in her case by adding liberal voters from Park Slope in Brooklyn. The map also created new Democratic pickup opportunities on the eastern end of Long Island and in Central New York, and shored up Democrat-held swing seats in the Hudson Valley, by cramming conservative voters into just a handful of districts.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

    • 138 Shares189 Views

      in Elections

      New York Democrats Make Last-Ditch Bid to Save New Congressional Maps

      by

      The state’s highest court heard arguments on Tuesday on whether to uphold earlier rulings that voided maps drawn by Democrats as illegal gerrymanders.New York Democrats made a last-ditch appeal to the state’s highest court on Tuesday to overturn a pair of lower-court rulings and salvage newly drawn congressional districts that overwhelmingly favor their party.In oral arguments before the New York State Court of Appeals, lawyers for the governor and top legislative leaders said that Republicans challenging the lines had fallen short of proving that the state’s new congressional map violated a state ban on gerrymandering.But the arguments turned tense at times, especially as several members of the seven-judge panel scrutinized the constitutionality of the mapmaking process itself.Voters created a new redistricting commission in 2014 to help wean politics from the mapmaking process, at the same time that they outlawed gerrymandering. But after the commission’s efforts broke down this winter, the Democratic-led Legislature quickly shunted aside the commission’s proposals in favor of more politically favorable maps.“Isn’t that evidence of a purpose to gerrymander?” Judge Michael Garcia asked lawyers for the Democrats.The court’s decision, expected as soon as Wednesday, could have far-reaching implications for New York and the rest of the country.A bare-knuckle political fight over representation and power lies beneath the complex legal arguments. National Democrats are relying on New York to help offset Republican redistricting gains in other states. Without it, their path to maintaining the House of Representatives in Washington could become considerably more difficult.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Analysis: For years, the congressional map favored Republicans over Democrats. But in 2022, the map is poised to be surprisingly fair.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.The congressional map, approved by Democratic supermajorities in February, threatens to cut the state’s eight-member Republican House delegation in half and creates three new Democratic friendly seats on Long Island, Staten Island and in central New York. The map, which favors Democrats 22 to four, shores up several swing districts that Democrats hold now with more left-leaning voters.But an Appeals Court ruling could also determine the future of the 2014 reforms to the redistricting process, which takes place once a decade. If the court upholds the maps and the process behind them, its ruling could effectively neuter the redistricting commission after just one cycle of activity and would set a high bar to prove maps are partisan gerrymanders.“It’s a total disregard for the Constitution and what the voters chose in 2014 as a process to try to improve the way the lines were drawn,” Laura Ladd Bierman, executive director of the nonpartisan League of Women Voters of New York State, said of the Legislature’s actions. “That’s what just makes me so frustrated: They just seem to have no regard for what the public wanted.”Ms. Bierman’s group has submitted an amicus brief in the case siding with Republicans to argue that the courts should strike down the maps and draw new ones using a special master.The Court of Appeals judges, all of whom were appointed by Democratic governors, appeared to be wrestling with how to balance the interests of the voters, the longstanding right of the Legislature to set district lines and more pragmatic questions about how and when this year’s critical midterm elections should proceed.The court has traditionally shown deference to state lawmakers to set boundaries that they feel are appropriate. But the questions this time were particularly thorny because the case — Harkenrider v. Hochul — is the first time that the courts have tested the 2014 constitutional changes.The challengers, New York voters backed by national Republicans, have argued that the mapmaking power should have gone directly to the courts, not the Legislature, when the commission collapsed this winter. Instead, they contend, Democrats hijacked the process and drew lines expertly devised to knock out Republicans.The commission violated the law, the Republican lawyer, Misha Tseytlin, said, “but then the Legislature attempted to take a step that it had no legal authority to take.”Democrats rejected both claims. They maintain that the commission was an advisory body whose maps required lawmakers’ approval to become law. And they defended their congressional map as a good-faith effort to balance competing requirements to preserve the cores of existing districts and communities of interest — which includes racial and ethnic groups — while achieving maximum compactness and adjusting for population shifts that generally benefit Democrats.“Maybe the petitioners would have drawn the map a little differently, maybe someone from a think tank or the editorial board of a newspaper would have drawn these maps differently, or somebody on Twitter,” said Craig R. Bucki, a lawyer for State Assembly Democrats. “But the fact is they are not the Legislature, and they are not elected by the people, and that’s why all these maps should be upheld.”How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

    • 113 Shares119 Views

      in Elections

      N.Y. House Districts Illegally Favor Democrats, Appeals Court Rules

      by

      A divided five-judge panel found that Democrats engaged in gerrymandering in creating new district maps. The case is expected to head to New York’s highest court.A New York appeals court ruled on Thursday that new congressional districts drawn by Democrats violated the state’s ban on partisan gerrymandering, partially upholding a lower-court ruling that would block the state from using the lines in this year’s critical midterm elections.A divided five-judge panel in Rochester said Democratic legislative leaders had drawn the new House map “to discourage competition and favor Democrats,” knowingly ignoring the will of voters who recently approved a constitutional amendment outlawing the practice.“We are satisfied that petitioners established beyond a reasonable doubt that the Legislature acted with partisan intent,” a three-judge majority wrote in its opinion. Two judges dissented.Gov. Kathy Hochul and top legislative leaders are expected to immediately appeal the decision to the state’s highest court, the New York Court of Appeals. The judges there, all of whom were appointed by Democratic governors, have indicated they could render a final verdict as soon as next week.The outcome in New York will have significant implications in the broader fight for control of the House of Representatives. National Democratic leaders are counting on the maps their party drew in New York to help offset gains by Republicans.Without them, Democrats are at risk of emerging from this year’s redistricting cycle having been bested by Republicans for the second consecutive decade. Republican gains were on track to grow further after Florida lawmakers this week approved a map drawn by Gov. Ron DeSantis that would create four new Republican-friendly seats.The ruling was the second consecutive setback for New York’s Democratic mapmakers, and this time it came in an appellate court that was viewed as generally friendly to the party.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Analysis: For years, the congressional map favored Republicans over Democrats. But in 2022, the map is poised to be surprisingly fair.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.“Like other state courts around the country, New York courts aren’t finding the question of whether a map is a partisan gerrymander a particularly hard one to decide,” said Michael Li, senior counsel for the Democracy Program at the Brennan Center for Justice. “It’s very hard to defend a map like New York’s, and ultimately if it quacks like a duck, it probably is a duck.”Still, Mr. Li added, Thursday’s decision was only the second of three acts in New York’s redistricting legal drama.On Thursday, the judges from the Appellate Division of the New York State Supreme Court ordered the Democrat-led Legislature to promptly redraft the map by April 30 or leave the task to a court-appointed neutral expert. The judges were largely silent on another key question at stake: whether some of the primaries scheduled for June should be postponed until August to accommodate new districts.The congressional lines in question, adopted by Democratic supermajorities in the Legislature in February, would give Democrats a clear advantage in 22 of the state’s 26 congressional districts by shifting voters favorable to their party into redrawn seats on Long Island and Staten Island and in Central New York, and packing Republicans in a smaller number of districts. Republicans currently hold eight districts on a map that was drawn by a court-appointed special master in 2012.State leaders did emerge with some good news from the latest ruling. The panel rejected more sweeping parts of the decision by the lower-court judge, Patrick F. McAllister of Steuben County, that held that lawmakers lacked the authority to draw any maps at all after New York’s newly created redistricting commission failed to agree on a plan for the state.As a result, the appeals court ruling reinstated State Senate and Assembly maps that Justice McAllister had thrown out.Mike Murphy, a spokesman for Senate Democrats, said they were “pleased” that the appeals court had validated the Legislature’s right to draw the maps this year, and predicted the higher court would reinstate the congressional maps as well.“We always knew this case would end at the Court of Appeals and look forward to being heard on our appeal to uphold the congressional map as well,” he said.John Faso, a spokesman for the Republican-backed voters challenging the maps, said that they would file their own appeal to try to strike the state legislative maps. But he called Thursday’s decision a “great victory.”The broader legal dispute turns on two interlocking questions: whether the mapmaking process properly adhered to procedures laid out in a 2014 amendment to the State Constitution, and whether the maps themselves violated an accompanying ban on drawing districts for partisan gain.The procedural changes made in 2014 were designed to remove the line-drawing process from the hands of politicians by creating an outside commission to solicit public input and forge a bipartisan proposal for House, State Senate and Assembly districts. If the commission had reached agreement, the Legislature’s role would have been to ratify the maps.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

    • 125 Shares149 Views

      in Elections

      Florida Senate Passes Congressional Map Giving G.O.P. a Big Edge

      by

      The map, proposed by Gov. Ron DeSantis, would most likely add four Republican districts while eliminating three held by Democrats.Florida Republicans are poised to adopt one of the nation’s most aggressive congressional maps, pressing forward with a proposal from Gov. Ron DeSantis that would most likely add four congressional districts for the party while eliminating three held by Democrats.The map, which the Florida Senate approved by a party-line vote of 24 to 15 on Wednesday during a special session of the Legislature, was put forward by Mr. DeSantis after he vetoed a version approved in March by state legislators that would have added two Republican seats and subtracted one from the Democrats.The new proposal would create 20 seats that favor Republicans and just eight that tilt toward Democrats, meaning that the G.O.P. would be likely to hold 71 percent of the seats. Former President Donald J. Trump carried Florida in 2020 with 51.2 percent of the vote.The Florida map would erase some of the gains Democrats have made in this year’s national redistricting process. The 2022 map had been poised to be balanced between the two major parties for the first time in generations, with a nearly equal number of House districts that are expected to lean Democratic and Republican for the first time in more than 50 years.The map would also serve as a high-profile, if possibly temporary, victory for Mr. DeSantis, who has emerged as one of the Republican Party’s leading figures and has not ruled out challenging Mr. Trump for the party’s 2024 presidential nomination. The Florida House is expected to pass the map on Thursday, and Mr. DeSantis is certain to sign it.“I think they are good maps that will be able to be upheld,” said Joe Gruters, a Florida state senator who is the chairman of the state Republican Party.If it is adopted into law, the Florida map would face legal challenges from Democrats, who clashed with Republicans on Tuesday over whether the proposal violated the state’s Constitution and the Voting Rights Act’s prohibition on racial gerrymandering.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Analysis: For years, the congressional map favored Republicans over Democrats. But in 2022, the map is poised to be surprisingly fair.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.“It does appear to be politically motivated, and it does not take seriously the hard-working Black people in the state,” said Rosalind Osgood, a state senator from Broward County in South Florida.Adam Kincaid, the executive director of the National Republican Redistricting Trust, the party’s main mapmaking organization, said that the proposed map complied with the state Constitution “while remaining faithful to the U.S. Constitution and the requirements of the Voting Rights Act.”Some Democrats predicted that the DeSantis map would ultimately not pass legal muster — though any successful challenge would probably not arrive in time for the November elections. In addition to the Florida dispute, Democrats are locked in a court battle over a political gerrymander of their own in New York, where a judge last month invalidated Democratic-drawn maps.The Florida map would end the congressional career of Representative Al Lawson, a Black Democrat from Jacksonville, by carving up a district that stretches across North Florida to combine Black neighborhoods in Jacksonville and Tallahassee.It would also eliminate an Orlando district held by Representative Val Demings, a Democrat, and pack Black voters from two districts in Tampa and St. Petersburg into one, creating a second district certain to be won by a Republican. Ms. Demings is vacating her seat to challenge Senator Marco Rubio, a Republican.If the new map becomes law, Representative Val Demings’s congressional district in Orlando would be eliminated. Sarahbeth Maney/The New York TimesMr. Lawson’s district has been held by a Black Democrat since 1993, when former Representative Corrine Brown first took office.Mr. DeSantis’s map-drawer, Alex Kelly, said at a Florida Senate committee hearing on Tuesday that he could not draw a compact majority-Black district based in Jacksonville.“I determined that was not possible to check all those boxes,” he said.But Democrats argued that the map represented an unconstitutional racial gerrymander.“Governor DeSantis is bullying the Legislature into drawing Republicans an illegitimate and illegal partisan advantage in the congressional map, and he’s doing it at the expense of Black voters in Florida,” Kelly Burton, the president of the National Democratic Redistricting Committee, said in an interview. “This blatant gerrymander will not go unchallenged.”Democrats’ objections to the DeSantis map focused in part on a state constitutional amendment enacted by Florida voters in 2010 that set new standards for the redistricting process by requiring compact districts that did not favor one political party. A state court ordered Florida’s entire congressional map to be redrawn before the 2016 elections.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More