New York Democrats approve a bill that would limit the areas where residents can legally challenge unconstitutional gerrymandering in the state, giving Democrats a strong hand in hearing redistricting cases. The state’s election attorney said it would only be allowed in four jurisdictions.
“As the state legislature prepares to adopt new congressional district maps, two state legislators have proposed a bill that would limit the rights of voters to have their day in court and challenge unconstitutional gerrymandering. “Under this proposal, voters would not be able to: Challenges to gerrymandered districts in 58 of New York’s 62 counties will be heard,” said Erie County Republican Party Chairman. Joe Burns, a New York Republican election attorney who also serves as a consultant to the group, said in a statement earlier this week.
Burns’ statement comes as two New York Democrats, State Sen. Zellner Miley and State Rep. William Magnarelli, are filing redistricting lawsuits exclusively for judges in Albany, New York, Westchester and Erie counties. This was in response to the introduction of a bill that would allow for the filing of a lawsuit. .
The bill passed the state House on Wednesday and now heads to Gov. Kathy Hochul’s desk for her signature. It will take effect immediately if signed by the governor.
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Ranked choice voting (RCV) comes in multiple forms and is used in various states and territories within the United States. (Paul J. Richards/AFP via Getty Images)
The bill comes as the state Legislature scrambles to draw up a new congressional redistricting map for the 2024 election. Burns argued in an interview with Fox Digital that the state’s Democratic Party is likely working to push the bill to apply to this year’s new maps.
“I think the plan is to have this venue bill passed right before or at the same time as the redistricting plan, so it would be subject to the new venue rules,” he said.
Back in 2014, voters in the Empire State approved an amendment to the state constitution that reformed the redistricting process and prohibited partisan gerrymandering. It ultimately created a bipartisan, independent redistricting commission tasked with redrawing Congressional boundaries.
“This is the strongest prohibition against partisan gerrymandering in any state constitution in the nation,” Burns previously told FOX News Digital.
New York just emerged from a redistricting saga that unfolded in 2022, with the commission unable to reach an agreement ahead of that year’s elections. Democratic-controlled Congress Intervene and draw a map.
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Hochul signed the redrawn map into law, but it sparked a lawsuit from Republicans who argued that the map gave Democrats an advantage in 22 of the state’s 26 districts. A county judge at the time threw out the map drawn by the state’s Democratic Party before they took the case to an appeals court.
The Court of Appeal also threw out the map and appointed a “special master.” Redraw parliamentary boundaries for 2022 elections. That year, Republicans won five of New York’s six competitive House races, flipping four blue seats and flipping red seats that Democrats were trying to take back.
New York State Capitol Building in Albany. (FOX News Photo/Joshua Commins)
During December, New York State Supreme Court wins for Democrats He won a landslide victory ahead of the 2024 election cycle, ordering a state commission to redraw congressional district lines. But the state Legislature rejected the commission’s redrawn congressional map this month, and Democrats reintroduced their own version this week.
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Democrats argued in 2022 that Republicans had “judge-bought” places to legally fight over maps that were redrawn that year, but now a bill would limit where such lawsuits could be filed. , claims it will end the hoarding of judges and venues.
According to the Times Union, Magnarelli said earlier this month that “the forum shopping that took place was inappropriate and I felt it was necessary to create a venue for these types of lawsuits.”
Burns countered that Democrats are now trying to “pre-shop the judges” if the bill is signed into law.
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Burns said lawmakers “selected some very Democratic-leaning counties with very Democratic-leaning judiciaries in each county,” Burns said, referring to Albany County, New York County, Westchester County and Erie County. That’s for sure,” he said.
New York County includes Manhattan, and Buffalo is the county seat of Erie County.
Democrats said, “Two years ago, this is judge hoarding, Republicans will find a small county where all the judges are Republicans and they’ll rule in their favor. But what they’re doing today.” I’m not just acting as your judge.” Shop ahead of time,” Burns said.
New York Governor Kathy Hochul presents the 2025 state executive budget in the Red Room of the State Capitol on January 16, 2024 in Albany, New York. (AP Photo/Hans Pennink)
“In the redistricting decision two years ago…the judge’s decision was upheld by the Appellate Division, and on that panel that heard the case, three of the five judges were Democrats; “It was upheld by the Court of Appeals, which upheld the judgment there. I think six of the seven judges were Democrats, but all seven were appointed by Democratic governors,” he noted. did.
Rep. Magnarelli told Fox Digital that the bill “will inhibit forum shopping in the future.”
“The venue bill passed the Legislature today and will go into effect immediately if signed by the Governor. Therefore, it will impact lawsuits filed regarding the Congressional Redistribution Map that was also passed today. “This bill would prevent forum shopping in the future and ensure that courts designated by the bill have expertise in the field of apportionment, not just judges, but also court staff.” It will make it possible.”
Burns said the law that allows voters to challenge redistricting and gerrymandering requires all constitutional challenges to election laws to be heard only in Erie, Albany, Westchester, or New York counties. They argued that it is similar to a law passed last year that requires them to do so.
“Constitutional challenges to election laws currently in state court must be filed in four counties: Erie County, Albany County, New York County, and Westchester County. But I’m trying to do the same thing,” he said.
Inside the courtroom where you can see the gavel. (St. Petersburg)
The bill has also been criticized by NYGOP Chairman Ed Cox, who said the bill’s Democratic supporters want “fraud to cut off access to the courts.”
“Democrats have sought to rig districts in their favor in 2022 and have worked last year to circumvent court rulings mandating fair Congressional districts. “We want to help the party rig it to shut it down,” Cox said. said in a recent press release.
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When Democrats rejected the commission’s redrawn maps earlier this week, Cox fired back: “Democrats have been trying to undermine redistricting for the past three years.”
“They had to be shamed when they were caught red-handed with unconstitutional gerrymandering in 2022. But Albany Democrats have no capacity for shame. They will never again compete in the voting booth. Instead, they are trying to rig elections in the back rooms,” he said. “This is the predictable result of a power-drunk legislature ignoring the will of the people.”
Burns argued that the latest bill restricting where rezoning cases can be heard strikes many people in New York as “wrong,” regardless of political affiliation.
“When you show it to the public, even non-politicians, they look at it and say, ‘That’s wrong,'” he says.
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The sun rises over the Midtown Manhattan skyline and the Empire State Building in New York City, as seen from Jersey City, New Jersey, on December 12, 2023. (Gary Hershawn/Getty Images)
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“For everything else, you can have your day in court where you live.…Whether you’re from Clinton County, near the Canadian border, or from Brooklyn or Queens. Even if you do, you are not allowed to spend time in court. Please file a lawsuit in your home court to vindicate your rights.”
