Court Scrambles New York Elections
New York’s electoral calendar was thrown for a loop last week when the Court of Appeals threw out district maps for the state Senate and House of Representatives and ordered a special master to draw new lines.
As I wrote in The Wall Street Journal, Court of Appeals Chief Judge Janet DiFiore wrote that the Democrat-drawn maps were deficient in two ways. First, the court agreed with two lower courts that the House lines violated a constitutional provision which says districts “shall not be drawn to discourage competition or for the purpose of favoring or disfavoring” a particular candidate or party.
Second, the court found that Democrats who control the state Assembly and Senate erred by not following the new constitutional procedure that was approved by voters in 2014. “Prompt judicial intervention is both necessary and appropriate to guarantee the People’s right to a free and fair election,” wrote Judge DiFiore, who was appointed by Democratic former Gov. Andrew Cuomo. “The procedural unconstitutionality of the congressional and senate maps is, at this juncture, incapable of a legislative cure.”
Jonathan Cervas, the special master, has now taken submissions and is drawing maps. Supreme Court Justice Patrick McAllister, sitting in Steuben County, will oversee the process with a hearing this week and has already ordered that the U.S. House and state Senate primaries be held on August 23.
The question is whether other primary elections will go forward as planned on June 28 or be moved to August. The State Board of Elections said in a statement that it didn’t believe it would be necessary to postpone primary elections for other races.
That could change: a new lawsuit challenged the validity of the state Assembly maps, which weren’t caught up in the initial lawsuit filed by Republican voters. The League of Women Voters said it would save money and be easier for voters if all the primaries were consolidated to August.
Gov. Kathy Hochul, a Democrat, said on Thursday that it was a “very fluid and new situation” and she was unsure whether the date of the statewide primaries — where she is facing a challenge from Jumaane Williams and Tom Suozzi — will move.
“We are still processing," she said.
THE WEEK AHEAD: Lawmakers will consider a bill that would let someone charged with a crime get off an electoral ballot. It was crafted at Hochul’s urging, after her hand-picked running mate was charged by federal prosecutors. (He has pleaded not guilty.)
YAY DAD: Congratulations to my father, John Neun, who this weekend received a distinguished service awardfrom the Technical Association of the Pulp and Paper Industry!
THE QUESTION: I’m writing this from the city that is home to the NASCAR Hall of Fame. Where am I?
Know the answer? Drop me a line at jimmy.vielkind@gmail.com. Or just write with thoughts, feedback or to say hi.
THE LAST ANSWER: Keuka Lake was originally called crooked lake.