On May 2, 2022, a group of New York voters filed a federal lawsuit challenging the state's 2010-cycle congressional redistricting plan as unconstitutional. They allege that due to population shifts throughout the last decade, the plan has become malapportioned in violation of the one person, one vote requirement under article I, Section 2 of the U.S. Constitution and further allege the plan contains the wrong number of congressional districts following the 2020 reapportionment in violation of 2 U.S.C. Section 2(c). Additionally, plaintiffs assert a federal court decision in 2012 requires the state to hold its congressional primary election on June 28, 2022, and, despite the New York Court of Appeals' invalidation of the plan in Harkenrider v. Hochul, the congressional plan enacted by the New York General Assembly and Governor on February 3, 2022 is the only constitutionally apportioned plan available to be implemented in time for the election. Therefore, they are seeking a judicial declaration that the 2010-cycle congressional plan is unconstitutional and unlawful, an injunction barring the state from implementing it in future elections, and a court order requiring the state to implement a congressional plan adopted by the court in time for the June 28, 2022 federally mandated primary to proceed as scheduled.

Following the plaintiffs' preliminary injunction hearing and at the behest of the judge, the N.Y. State Board of Elections filed a request with the judge presiding over the 2012 federal litigation to issue a modified order permitting the August 23 congressional primary election to proceed as ordered by the New York Supreme Court in Harkenrider v. Hochul. On May 10, the judge handling the 2012 federal litigation granted the State Board of Elections' request.

The plaintiffs voluntarily dismissed the lawsuit on May 11, 2022.


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