This column, from the weekly opinion piece MATTER OF FACT, first appeared on BrooklynReporter.com, the Home Reporter and Spectator dated July 21, 2023
Redistricting following the 2020 census, it seemed, was going to conclude with this year’s City Council elections for newly constituted districts. Four months ago, the State Assembly lines that had been part of redistricting ahead of the November 2022 election were redrawn, as directed by a court ruling, though they remained basically the same, especially here in Brooklyn. The new congressional and State Senate lines first drawn for the 2022 election cycle were challenged that same year and, ultimately, redrawn so late that it forced a second primary in August just for those races.
Those re-redistricted lines were put forth by a court-appointed special master, a single person who was not from New York and appointed by an extremely conservative judge. Last year, the state’s top court upheld that decision. However, an appellate court ruled on July 13 in favor of voters who filed a lawsuit that claimed the need to redraw those districts in 2022 did not follow the state constitution and, thus, must be drawn anew one more time.
The law is clear: the state’s Independent Redistricting Commission submits a set of new lines to the state legislature, who can, in turn, return it to the commission to take one last crack at drawing new districts. At that point, the legislature can accept those maps or draw a new set.
When the Assembly maps were redrawn by the commission this past April, the legislature accepted that first submitted set of maps. Last year, the commission repeatedly fouled up the process, which is why a court ruled that maps the legislature wound up drawing did not follow the proper procedure. The special master was brought in due to the very late nature of maps needing to be redrawn.
The court ruling that mandated this last year was predicated solely on process. There were never any legal issues related to gerrymandering. Again, in this latest ruling, it is about process. The unusual late second go-round of redistricting in 2022 was done in an unusual way, due to how late it took place. That unusual way did not adhere to the process outlined in the state constitution, so those lines cannot remain in place until 2032.
“The right to participate in the democratic process is the most essential right in our system of governance. 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. Accordingly, we direct the IRC to commence its duties forthwith.”
Directions from New York State appellate court ruling July 13, 2023, ordering that the Independent Redistricting Commission redraw the state’s congressional districts
This most recent decision will be appealed and then eventually taken up by the Court of Appeals, which will have the final word. That court is no longer dominated by more conservative voices, so it is likely that the ruling requiring new congressional maps for the 2024 election will be upheld, as it should be.
Republicans will almost certainly bemoan this as a power grab and gerrymandering, but it is simply a continuation of the first rulings in 2022 that led to redistricting lines being completely redrawn. This is once again about process and following the state constitution.
Though the New York State Democratic Party did its best to not help its own party’s candidates in tough congressional contests in 2022, the lines drawn by the special master certainly helped Republican candidates. And, to their credit, they took advantage of that, flipping four seats previously held by Democrats. Many credited that swing in the empire state with the Republicans being able to narrowly win control of the House.
New lines need to be drawn fairly, as any gerrymandering could also be challenged in court and, again, lead to a statewide set of new maps being thrown out. Fairly drawn maps could very well lead to four to six seats currently held by Republicans becoming more competitive. A strong showing by Democrats in the 2024 presidential election cycle could very well lead to New York swinging the House back to Democratic control and Brooklyn’s own, Rep. Hakeem Jeffries, becoming Speaker.
Hopefully, once this decision is inevitably appealed, the state’s highest court takes up this case promptly so that the Independent Redistricting Commission can begin the process of drawing new congressional lines promptly, and we can all avoid the messy, rushed process we saw last year. Ideally, we would see new lines around the end of this year to the beginning of next year.
Southern Brooklyn would certainly be affected by new congressional lines. NY-11, currently held by Rep. Malliotakis, had something of a redistricting odyssey the past two years. The first lines that were accepted saw a district that connected Staten Island to Bay Ridge, and then continued north through Sunset Park into Park Slope and parts of surrounding neighborhoods. Stemming from the lawsuit citing process objections, that district was redrawn to more closely resemble the boundaries it had previously had.
Both versions look logical on a map and had valid reasons why it made sense to group those areas together. A new NY-11 could look like one of those or the other or something completely new. Hopefully, by the new year, we will have new lines set in stone and campaigns can kick into high gear.
