CASE SUMMARY

On March 26, 2024, six plaintiffs filed a complaint against the town of Newburgh, N.Y., for utilizing an at-large voting system that allegedly violated the newly enacted John R. Lewis Voting Rights Act of New York ("NYVRA"). The Town of Newburgh answered the complaint on May 28, 2024. In the answer defendants claimed the NYVRA violated the Fourteenth Amendment of the United States Constitution and Article I, Section 11 of the New York Constitution.

On November 7, 2024, Justice Maria Vasquez-Doles issued a decision ruling the NYVRA failed to satisfy strict scrutiny and, thus, violated the Equal Protection Clause of the Fourteenth Amendment. She ordered it "stricken in its entirety from further enforcement and application to [the Town of Newburgh] and to any other political subdivision in the State of New York."

Plaintiffs filed a notice of appeal on November 11, 2024, and the Attorney General of New York quickly moved to intervene as a matter of right.

The Second Judicial Department issued dual opinions on January 30, 2025, affirming the Supreme Court's decision of May 17, 2024, denying defendants' motion to dismiss and reversing the Supreme Court's decision of November 7, 2024, striking the NYVRA. The cases were remanded to the Supreme Court for further proceedings.

On remand the parties moved to trial, but, after opening arguments from plaintiffs, the presiding judge recused. Her recusal set off a series of recusals from several other judges before the case was ultimately transferred out of Orange County to neighboring Westchester County. Shortly after the Westchester County Judge issued her first ruling the Appellate Division, Second Judicial Department stayed all proceedings and certified defendants' appeal to the New York Court of Appeals.

The New York Court of Appeals is set to hear arguments during its October session.

CASE LIBRARY

Supreme Court of the State of New York, County of Orange (Index No. EF002460-2024)

Supreme Court of the State of New York, County of Westchester (Index No. 50325/2025)

Appellate Division of the Supreme Court of the State of New York, Second Judicial Department (Docket No. 2024-04378)

Appellate Division of the Supreme Court of the State of New York, Second Judicial Department (Docket No. 2024-11753)

Appellate Division of the Supreme Court of the State of New York, Second Judicial Department (Docket No. 2025-05921 & 2025-05927)

State of New York Court of Appeals (No. APL-2025-00110)