A New York judge threw out all three of the state Democrats’ redistricting maps Thursday, giving Republicans an interim victory as Democrats prepare to challenge the decision.
The three maps, which would have likely secured at least 20 of the 26 congressional districts New York will have following the 2020 census, were illegally gerrymandered to benefit Democrats, the Steuben County judge found Thursday, ordering officials back to the drawing board as Democrats work to mount a legal challenge.
“What is clear from the testimony of virtually every expert is that at least in the congressional redistricting maps the drawers packed Republicans into four districts thus cracking the Republican voters in neighboring districts and virtually guaranteeing Democrats winning 22 seats,” acting Chief Justice Patrick McAllister wrote in the ruling.
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The maps were voided “ab initio” for “for failure to follow the constitutional process of having bipartisan maps presented by the IRC,” the judge found. The New York State Independent Redistricting Commission had run into a deadlock earlier in the year, creating an opening for the Democratic-controlled Legislature to generate the new maps.
His ruling also nixed the state General Assembly and state Senate maps, which McAllister said were gerrymandered, according to “credible evidence” from petitioners. But the petitioners could not prove that beyond a reasonable doubt because the maps were not radically changed from the prior maps, he cautioned.
Democrats have already signaled they will attempt to challenge the decision, with lawyer Marc Elias hinting on social media that the ruling will be appealed.
“This decision is not going to go into effect. As soon as the state appeals, it is stayed automatically by law until that appeal is done. The judge who issued this order is an elected Republican in the reddest county in the state,” he tweeted.
An appeal from Democrats would mean the decision would likely automatically be stayed as a result of court procedures, and the current maps could remain in use for 2022 while the appeals process takes place.
New York’s congressional map had been widely regarded as one of the Democrats’ largest redistricting victories in the current once-a-decade reapportionment process. Democrats currently dominate the state’s congressional seat count with a 19-8 majority, but experts consulted by the court expected that to expand to 22-4 under the new lines. The state lost a seat after the latest census.
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Democratic Gov. Kathy Hochul signed the map into effect Feb. 3, but Republicans quickly filed a challenge. The proposal merges two districts held by Republican Reps. Andrew Garbarino and Lee Zeldin and eliminates Rep. Claudia Tenney’s district. Additionally, Republican Rep. Nicole Malliotakis’s district is expected to become more favorable for Democrats under those lines.
In early March, the judge cautioned that it was “highly unlikely” new maps could be drawn in time for the 2022 election cycle. The primary is slated to take place June 28.
