A New York court on Thursday ruled in favor of Democrats’ efforts to get their congressional map redrawn after the party lost a handful of seats in the Empire State in the November midterms — losses that followed a previous bout of redistricting.
In June 2022, New York voters brought a lawsuit requesting the bipartisan Independent Redistricting Commission (IRC) “fulfill their constitutional duty” to redraw congressional lines in the state after its first set of maps were rejected and it was unable to submit a second set of maps after deadlocking on proposed lines.
The Democratic-controlled state legislature submitted their congressional lines, but those were later tossed out by the New York appeals court, forcing a court-appointed special master to redraw them.
A New York appellate court sided in favor of Democrats’ appeals to have the map redrawn, arguing the IRC should be given the chance to redraw the maps again, and the maps used in the November midterms should only have only been used in the interim.
The court ordered that the IRC must “commence its duties forthwith.”
“The IRC had an indisputable duty under the NY Constitution to submit a second set of maps upon the rejection of its first set. … It is undisputed that the IRC failed to perform this duty,” New York appellate court Justice Peter Lynch wrote in the decision.
“The right to participate in the democratic process is the most essential right in our system of governance,” Lynch wrote. “The procedures governing the redistricting process, all too easily abused by those who would seek to minimize the voters’ voice and entrench themselves in the seats of power, must be guarded as jealously as the right to vote itself; in granting this petition, we return the matter to its constitutional design.”
Three New York appellate court justices dissented, arguing the redistricting process should not occur again until after the 2030 census, though they agreed the IRC creating a second set of maps would have been “preferable to resorting to litigation and judicially drawn maps” in the first place.
The decision was cheered by Elias Law Group, which is representing the New York voters bringing the lawsuit.
“Last year, New York voters cast their ballots under a congressional map that disregarded and marginalized minority communities and some of the state’s most vulnerable citizens. New Yorkers deserve the fair lines and fair process they voted for, and today’s decision is a huge step in the right direction,” Elias Law Group partner Aria Branch said in a statement.
“We are thrilled that the Court recognized the Independent Redistricting Commission’s constitutional duty to redraw New York’s congressional map,” Branch added.
The decision is expected to be appealed by Republicans and weighed by the Court of Appeals.
“After failing to win at the ballot box last November, New York Democrats are attempting a blatant partisan power grab thinly disguised as a court case. Republicans will appeal to protect the will of the voters of New York, and we will fight to hold the line in the Empire State,” Jack Pandol, a spokesman for the House Republicans’ campaign arm, said in a statement.
Democrats are already devoting resources in New York to flipping back the House seats they lost during the November midterms.
Those New York House seats ultimately delivered Republicans their slim majority, but many of them are considered “toss-ups” by the nonpartisan election handicapper Cook Political Report.
Updated at 12:22 p.m.