CASE SUMMARY

On May 2, 2022, a group of New York voters filed a federal lawsuit challenging the state’s 2010-cycle congressional plan as unconstitutionally malapportioned in violation of the one person, one vote requirement under Article I, § 2 of the U.S. Constitution and as containing the wrong number of congressional districts in violation of 2 U.S.C. § 2(c). Plaintiffs also asserted a 2012 federal court decision required the state to hold its congressional primary election on June 28, 2022, and, despite the New York Court of Appeals’ invalidation of the state’s newly enacted congressional plan in Harkenrider v. Hochul, that new plan is the only properly apportioned plan available to be used in the 2022 elections. They sought a judicial declaration the 2010-cycle plan was unconstitutional, an injunction barring its use in future elections, and a court order requiring the state to implement a congressional plan in time for the judicially mandated June 28 primary election.

  • On May 5, 2022, New York’s State Board of Elections filed a request with the judge presiding over the 2012 litigation to issue a modified order permitting the congressional primary election to proceed on August 23, 2022, as ordered in Harkenrider.
  • On May 10, 2022, the judge handling the 2012 case granted the Board’s request. Plaintiffs here voluntarily dismissed their lawsuit the next day.

CASE LIBRARY

U.S. District Court for the Southern District of New York - No. 1:22-cv-3534