CASE SUMMARY
On June 28, 2022, a group of New York voters filed a lawsuit against the New York State Independent Redistricting Commission and its members alleging violations of the New York Constitution’s redistricting commission provision. After New York’s state courts struck down the congressional and state House redistricting plans drawn and enacted by the New York Legislature for failing to follow the state constitution’s redistricting commission procedures, petitioners filed this suit alleging the state’s redistricting commission violated its constitutional duty by failing to submit a second set of redistricting plan proposals to the Legislature. They sought a writ of mandamus requiring the commission to submit a second set of congressional and legislative plan proposals to the legislature for their consideration and allow lawful plans to be enacted prior to the 2022 election.
- On September 12, 2022, the trial court dismissed the complaint on the grounds there was no enforceable remedy available to the petitioners under the state constitution. Petitioners appealed to the appellate division on October 17.
- On July 13, 2023, the appellate division issued its decision ordering the redistricting commission to begin work on its second congressional redistricting plan proposal. Defendants soon after appealed to the New York Court of Appeals, triggering an automatic stay pending appeal. On September 19, 2023, the Court clarified that the automatic stay did not prohibit the commission from beginning its mapping work.
- On November 15, 2023, the New York Court of Appeals held oral arguments.
- On December 12, 2023, the Court of Appeals issued its decision affirming the appellate division’s decision and ordering the commission to submit its second congressional plan proposal to the Legislature by February 28, 2024.
Related Cases: Harkenrider v. Hochul; Nichols v. Hochul
CASE LIBRARY
Supreme Court of New York, Albany County - No. 904972-22
- Petition for Writ of Mandamus - 6/28/22
- Affirmation of James R. Peluso in Support of Petition - 6/28/22
- Exhibit 1: Harkenrider v. Hochul Petition - 6/28/22
- Exhibit 2: Harkenrider v. Hochul Amended Petition - 6/28/22
- Exhibit 3: Harkenrider v. Hochul March 31, 2022 Decision and Order - 6/28/22
- Exhibit 4: Harkenrider v. Hochul April 8, 2022 Stay Order - 6/28/22
- Exhibit 5: Harkenrider v. Hochul April 29, 2022 Preliminary Order - 6/28/22
- Exhibit 6: Harkenrider v. Hochul May 20, 2022 Decision and Order - 6/28/22
- Petitioners' Memorandum of Law in Support of Petition - 6/28/22
- Order to Show Cause - 6/30/22
- Amended Order to Show Cause - 7/6/22
- Attorney Affirmation of Aaron M. Mukerjee in Support of Motion for Leave to Amend Petition and for Authorization of Substituted Service - 7/14/22
- Order to Show Cause for Leave to Amend Petition - 7/20/22
- Letter to the Court from N.Y. Independent Redistricting Commissioner-Respondents David Imamura, et al. - 7/26/22
- Order - 8/2/22
- Amended Verified Petition for Writ of Mandamus - 8/4/22
- Proposed Order to Show Cause - 8/4/22
- Attorney Affirmation of James R. Peluso in Support of Amended Verified Petition - 8/4/22
- Exhibit 1: Harkenrider Petition - 8/4/22
- Exhibit 2: Harkenrider Amended Petition - 8/4/22
- Exhibit 3: Harkenrider March 31, 2022 Decision and Order - 8/4/22
- Exhibit 4: Harkenrider April 8, 2022 Stay Order - 8/4/22
- Exhibit 5: Harkenrider April 29, 2022 Preliminary Order - 8/4/22
- Exhibit 6: Harkenrider May 20, 2022 Decision and Order - 8/4/22
- Petitioners' Memorandum of Law in Support of Amended Verified Petition - 8/4/22
- Order to Show Cause - 8/5/22
- Petitioners' Letter to the Court - 8/17/22
- Respondents' Brady, et al., Letter to the Court - 8/23/22
- Proposed Order to Show Cause Regarding Harkenrider Intervenors' Motion for Leave to Intervene - 8/23/22
- Memorandum of Law in Support of Proposed Intervenors' Motion for Leave to Intervene - 8/23/22
- Affirmation of Bennet J. Moskowitz - 8/23/22
- Exhibit 1: Letter to Steuben County Supreme Court - 8/23/22
- Exhibit 2: Proposed Order to Show Cause Regarding the Harkenrider Intervenors' Motion to Dismiss - 8/23/22
- Exhibit 3: Harkenrider Intervenors' Memorandum of Law in Support of Motion to Dismiss - 8/23/22
- Exhibit 4: Proposed Intervenors' Verified Answer to Verified Amended Petition for Writ of Mandamus - 8/23/22
- Exhibit 5: Affirmation of Bennet J. Moskowitz - 8/23/22
- Court Notice - 8/24/22
- Order to Show Cause Regarding Harkenrider Intervenors' Motion for Leave to Intervene - 8/24/22
- Verified Answer of Respondents David Imamura, Ivelisse Cuevas-Molina, and Elaine Frazier - 8/26/22
- Notice of Motion to Dismiss - 8/26/22
- Court Notice - 8/30/22
- Attorney Affirmation of Richard A. Medina in Support of Opposition to Motion to Intervene - 8/30/22
- Petitioners' Opposition to Harkenrider Petitioners' Motion to Intervene - 8/30/22
- Reply Memorandum of Law in Support of Proposed Intervenors' Motion for Leave to Intervene - 8/31/22
- Decision and Order Granting Motion to Intervene - 9/1/22
- Proposed Order to Show Cause Regarding the Harkenrider Intervenors' Motion to Dismiss - 9/2/22
- Order to Show Cause Regarding the Harkenrider Intervenors' Motion to Dismiss - 9/2/22
- Proposed Order to Show Cause for Leave to Amend Petition - 9/2/22
- Attorney Affirmation of Richard A. Medina in Support of Motion for Leave to Amend Petition - 9/2/22
- Exhibit 1: Proposed Stipulation and Order - 9/2/22
- Exhibit 2: Order Granting Intervention - 9/2/22
- Exhibit 3: Amended Verified Petition - 9/2/22
- Exhibit 4: Proposed Second Amended Verified Petition - 9/2/22
- Exhibit 5: Redlined Proposed Amended Verified Petition - 9/2/22
- Memorandum of Law in Support of Motion for Leave to File Second Amended Verified Petition - 9/2/22
- Notice - 9/6/22
- Petitioners' Memorandum of Law in Opposition to Moving Respondents' Motion to Dismiss and in Support of Order to Show Cause - 9/6/22
- Notice of Entry - 9/7/22
- Memorandum of Law in Opposition to Intervenor-Respondents' Motion to Dismiss - 9/8/22
- Attorney Affirmation of Aaron M. Mukerjee in Support of Petitioners' Opposition to Intervenor-Respondents' Motion to Dismiss - 9/8/22
- Exhibit 1: Letter from Speaker Heastie - 9/8/22
- Response to Order to Show Cause - 9/8/22
- Affidavit of David Imamura - 9/8/22
- Exhibit A: Collado Appointment Letter - 9/8/22
- Exhibit B: Flateau Appointment Letter - 9/8/22
- Reply Memorandum of Law in Support of Intervenors-Respondents' Motion to Dismiss - 9/9/22
- Reply Memorandum of Law in Support of Motion to Dismiss and in Opposition to Order to Show Cause - 9/11/22
- Decision and Order - 9/12/22
- Notice of Entry - 9/15/22
- Notice of Appeal - 10/17/22
- Informational Statement - 10/17/22
- Oral Argument Transcript - 12/2/22
- Stipulation and Order of Substitution - 12/7/22
New York Supreme Court, Appellate Division, Third Department - No. CV-22-2265
- Notice of Appeal - 12/9/22
- Brief for Petitioners-Appellants - 1/20/23
- Appellant-Petitioners' Letter to the Court - 1/20/23
- Commissioners-Respondents' Letter in Opposition to the Court - 1/22/23
- Intervenor-Respondents' Letter Response to Appellants' Request for Preference - 1/23/23
- Clerk's Letter Requesting a Formal Motion from Petitioners for a Calendar Preference - 1/27/23
- Intervenor-Respondents' Request for Extension of Time to Respond - 2/3/23
- Respondents' Request for Extension of Time to Respond - 2/3/23
- Brief for Respondents-Respondents Ken Jenkins, Ivelisse Cuevas-Molina, and Elaine Frazier - 2/21/23
- Brief for Intervenors-Respondents - 3/22/23
- Brief for Respondents-Respondents Ross Brady, John Conway III, Lisa Harris, Charles Nesbitt, and Willis H. Stephens - 3/22/23
- New York Voters' Amicus Brief in Support of Petitioners-Appellants - 3/31/23
- Reply Brief for Petitioners-Appellants - 4/3/23
- Intervenor-Respondents' Affirmation in Opposition to New York Voters' Amicus Brief in Support of Petitioners-Appellants - 4/7/23
- Affirmation in Support of Motion for Leave to File Brief as Amicus Curiae - 4/7/23
- Brief for the Governor and the Attorney General of the State of New York as Amici Curiae in Support of Petitioners-Appellants - 4/10/23
- Affirmation in Further Support of Motion for Leave to File Brief as Amicus Curiae - 4/10/23
- Intervenor-Respondents' Affirmation in Opposition to the Governor and Attorney General's Amicus Brief in Support of Petitioners-Appellants - 4/13/23
- Order - 4/21/23
- Order - 4/21/23
- Sur-Reply Brief for Intervenors-Respondents - 4/28/23
- Sur-Reply to Amicus Brief - 4/28/23
- Intervenors-Respondents' Notice of Supplemental Authority - 7/3/23
- Petitioners-Appellants' Opposition to Intervenors-Respondents' Notice of Supplemental Authority - 7/6/23
- Respondents' Opposition to Intervenors-Respondents' Notice of Supplemental Authority - 7/7/23
- Amici curiae' Opposition to Intervenors-Respondents' Notice of Supplemental Authority - 7/10/23
- Opinion and Order - 7/13/23
- Corrected Opinion and Order - 8/18/23
New York Court of Appeals - No. APL-2023-00121
- Motion to Vacate Stay Pending Appeal - 8/11/23
- Memorandum of Law in Opposition to Motion to Vacate Stay Pending Appeal or, in the Alternative, In Support of Motion for Stay Pending Appeal - 8/21/23
- Notice of Cross-Motion for Stay - 8/21/23
- Response of Respondents Independent Redistricting Commission Chairperson Ken Jenkins, [...] Cuevas-Molina, and [...] Frazier to Motion to Vacate Stay Pending Appeal - 8/21/23
- Opposition to Motion to Vacate Stay Pending Appeal - 8/21/23
- Opposition to Cross-Notice of Motion for Stay Pending Appeal - 9/5/23
- Brief of Lawyers Democracy Fund as Amicus Curiae in Support of Intervenors-Respondents - 9/8/23
- Motion for Leave to File Amicus Curiae Brief and Amicus Curiae Brief for League of Women Voters of New York State [...] - 9/8/23
- Brief for Respondents-Appellants - 9/18/23
- Brief for Intervenors-Respondents-Appellants - 9/18/23
- Order - 9/19/23
- Brief for Respondents-Respondents - 10/20/23
- Brief for Petitioners-Respondents - 10/23/23
- Brief for Kathy Hochul and Letitia James as Amici Curiae in Support of Affirmance - 10/23/23
- Reply Brief for Respondent-Appellants - 11/6/23
- Reply Brief for Intervenors-Respondents-Appellants - 11/6/23
- Opinion - 12/12/23