CASE SUMMARY
On May 15, 2022, a group of New York voters filed a state lawsuit challenging the state's enacted state Assembly redistricting plan as unconstitutional. The plaintiffs assert the New York Legislature failed to follow the New York Constitution's redistricting procedures when it enacted its congressional and legislative redistricting plans and they cite the New York Court of Appeals' ruling in Harkenrider v. Hochul striking down the congressional and state Senate plans as procedurally invalid in support of their claims against the enacted state Assembly map. They are seeking a judicial declaration that the Assembly map is unconstitutional and void, a court order appointing a special master to adopt a legally compliant state Assembly map, and for the court to make adjustments to the 2022 primary election schedule and candidate filing deadlines to accomodate the court's remedial Assembly redistricting process.
On May 25, the Supreme Court issued its decision denying the petition on the grounds the petitioners' claims were barred by laches as they waited too long to bring their action and the 2022 election processes were too far along to be disrupted by judicial intervention. The plaintiffs appealed this ruling to the New York Court of Appeals the same day, but on May 27, the Court of Appeals transferred the case back to the Supreme Court's Appellate Division as the correct venue for the appeal. On June 10, the Appellate Division issued its ruling declaring the Assembly map unconstitutional as procedurally invalid but ordering it nevertheless be used for the 2022 elections on the grounds the plaintiffs waited too long to bring their action and obtain their requested relief for the upcoming elections. The court remanded the case back to the Supreme Court for consideration of the proper means for redrawing the Assembly map for future elections in accordance with the New York Constitution.
On September 29, the supreme court issued its decision and ordered New York's redistricting commission to reconvene and draft a state Assembly plan in a process largely resembling the constitutional amendment's procedures but modified by the court. No later than December 2, 2022, the commission must release proposed Assembly plans to the public and then hold public hearings in various specified locations across the state thereon. By April 28, 2023, the commission must submit the plan which garnered the most votes for approval to the state legislature which must approve or reject the plan without amendment. If the plan is rejected or vetoed by the governor, the commission must prepare and submit a second plan to the legislature within 15 days of the notification of the rejection/veto and in no case later than June 16, 2023, which must be voted on without amendment. If rejected or vetoed, the legislature can then introduce and adopt amendments to the plan as they please. The petitioners appealed this ruling to the supreme court's appellate division on October 17 and on January 24, 2023, the appellate division affirmed the supreme court's remedial commission-led process. The commission released its proposed Assembly map on December 1, 2022.
Related Case: Harkenrider v. Hochul
CASE LIBRARY
Supreme Court of New York, New York County - No. 154213/2022
- Petition - 5/15/22
- Proposed Order to Show Cause Regarding Petitioners' Petition and Emergency Motion for a Temporary Restraining Order - 5/15/22
- Petitioners' Memorandum of Law in Support of Emergency Motion by Order to Show Cause for a Temporary Restraining Order - 5/15/22
- Affirmation of Peter Devlin - 5/15/22
- Exhibit 1: Political Calendar - 5/15/22
- Exhibit 2: Transcript of May 10, 2022 Proceedings in Harkenrider v. Hochul - 5/15/22
- Exhibit 3: Transcript of March 3, 2022 Proceedings in Harkenrider v. Hochul - 5/15/22
- Exhibit 4: Notice of Harkenrider Petitioners' Application for a Temporary Restraining Order - 5/15/22
- Affidavit of Paul Nichols - 5/15/22
- Affidavit of Gavin Wax - 5/15/22
- Affidavit of Gary Greenberg - 5/15/22
- New York State Board of Elections' Opposition to the Proposed Order to Show Cause - 5/16/22
- Memorandum of Law in Opposition to Petitioners' Motion for a Temporary Restraining Order - 5/17/22
- Supplemental Affirmation of Peter Devlin - 5/17/22
- Recusal Order - 5/18/22
- Recusal Order - 5/18/22
- Petitioners' Letter to the Court - 5/18/22
- Assembly Speaker Carl Heastie's Letter Response to Petitioners' Letter - 5/19/22
- Order to Show Cause Regarding Petitioners' Petition and Emergency Motion for a Temporary Restraining Order - 5/19/22
- Governor Hochul's Memorandum of Law in Opposition to Temporary Restraining Order - 5/19/22
- Notice of Motion - 5/22/22
- Affirmation of Steven B. Salcedo - 5/22/22
- Nichols Petition - 5/22/22
- Harkenrider Petition - 5/22/22
- 2022 Political Calendar - 5/22/22
- Amended Harkenrider Petition - 5/22/22
- Harkenrider Decision Invalidating Maps - 5/22/22
- Harkenrider Opposition to Motion to Intervene - 5/22/22
- Harkenrider Order Denying Intervention - 5/22/22
- Harkenrider Order Establishing Deadline - 5/22/22
- Board of Elections Letter Regarding Timeline - 5/22/22
- Amended Order Establishing Deadline - 5/22/22
- Harkenrider Final Maps Order - 5/22/22
- Wax Intervenors' Proposed Answer in Harkenrider - 5/22/22
- Wax Tweets - 5/22/22
- Greenberg Intervenor's Petition in Harkenrider - 5/22/22
- Greenberg Failed Ballot Access Article - 5/22/22
- Greenberg Tweets - 5/22/22
- Greenberg Tweets (Vol. II) - 5/22/22
- Harkenrider Order Denying Greenberg Intervention - 5/22/22
- Harkenrider Affidavit of Thomas Connolly - 5/22/22
- Harkenrider Order Setting Primary Date - 5/22/22
- June Primary Certification - 5/22/22
- Nichols Failed Ballot Access Petition - 5/22/22
- Harkenrider Affidavits of Todd D. Valentine and Kristen Zebrowski Stavisky - 5/22/22
- New York Democratic Party Rules - 5/22/22
- Wax Website - 5/22/22
- Harkenrider Affidavit of Assemblyman Andrew Goodell - 5/22/22
- Harkenrider Affidavit of Gavin Wax - 5/22/22
- Affidavit of Assemblyman Joseph Angelino - 5/22/22
- Affidavit of Assemblyman William A. Barclay - 5/22/22
- Affidavit of Assemblyman Karl Brabenec - 5/22/22
- Affidavit of Assemblyman Eric "Ari" Brown - 5/22/22
- Affidavit of Assembly Kevin M. Byrne - 5/22/22
- Affidavit of Assemblyman Michael J. Fitzpatrick - 5/22/22
- Affidavit of Assemblyman Jarett Gandolfo - 5/22/22
- Affidavit of Assemblyman Joseph M. Giglio - 5/22/22
- Affidavit of Assemblyman Stephen Hawley - 5/22/22
- Affidavit of Assemblyman Joshua Jensen - 5/22/22
- Affidavit of Assemblyman John Lemondes - 5/22/22
- Affidavit of Assemblyman Brian Manktelow - 5/22/22
- Affidavit of Assemblyman John K. Mikulin - 5/22/22
- Affidavit of Assemblyman Brian D. Miller - 5/22/22
- Affidavit of Assemblyman Angelo J. Morinello - 5/22/22
- Affidavit of Assemblyman Michael J. Norris - 5/22/22
- Affidavit of Assemblyman Philip A. Palmesano - 5/22/22
- Affidavit of Assemblyman Edward P. Ra - 5/22/22
- Affidavit of Assemblyman Doug Smith - 5/22/22
- Affidavit of Assemblyman Robert Smullen - 5/22/22
- Affidavit of Assemblyman Christopher Tague - 5/22/22
- Affidavit of Assemblyman Mary Beth Walsh - 5/22/22
- Memorandum of Law in Support of Speaker Heastie's Motion to Dismiss - 5/22/22
- Affidavit of Todd D. Valentine - 5/23/22
- Letter from N.Y. State Board of Elections Joining in Motion to Dismiss - 5/23/22
- Affirmation of Eric Hecker - 5/23/22
- Answer of Governor Hochul - 5/23/22
- Letter from Governor Hochul Joining in Motion to Dismiss - 5/23/22
- Petitioners' Letter to the Court - 5/24/22
- Assembly Speaker Carl Heastie's Response to Petitioners' Letter - 5/25/22
- Decision and Order - 5/25/22
- Notice of Appeal - 5/25/22
- Preliminary Appeal Statement - 5/26/22
New York Supreme Court, Appellate Division, First Department - No. 2022-02301
- Brief for Petitioners-Appellants - 6/1/22
- Brief for Respondents-Respondents Speaker of the Assembly Carl Heastie and Senate Majority Leader and President Pro Tempore of the Senate Andrea Stewart-Cousins - 6/6/22
- Brief for Respondent Governor Hochul - 6/6/22
- Brief of Respondent-Respondent New York State Board of Elections - 6/6/22
- Decision and Order - 6/10/22
New York Supreme Court, New York County - No. 154213/2022 [On remand]
- Order - 6/29/22
- Memorandum of Law of Respondent Speaker of the Assembly Carl Heastie on the Proper Means by Which to Redraw the State Assembly Map as Ordered by the Appellate Division - 8/8/22
- Affirmation of Elaine M. Reich - 8/8/22
- Exhibit 1: New York Court of Appeals May 27, 2022 Order - 8/8/22
- Exhibit 2: Petitioners' Notice of Appeal - 8/8/22
- Exhibit 3: New York Court of Appeals June 14, 2022 Order - 8/8/22
- Exhibit 4: Proposed Order to Show Cause to Add Independent Redistricting Commission as Respondent - 8/8/22
- Governor Kathy Hochul's Letter to the Court - 8/8/22
- Petitioners' Memorandum of Law Concerning the Appropriate Process to Redraw the Assembly Map - 8/8/22
- Affidavit of Dr. Jeanne Clelland - 8/8/22
- Affirmation of Peter Devlin - 8/8/22
- Proposed Supplemental Letter Brief of Amicus Curiae The League of Women Voters of New York State - 8/8/22
- Petitioners' Letter to the Court - 8/25/22
- Order to Show Cause - 8/25/22
- Petitioners' Letter to the Court - 9/1/22
- State Assembly Speaker Carl Heastie's Response to Petitioners' Letter to the Court - 9/2/22
- Exhibit A: Peter A. Devlin Email - 9/2/22
- Exhibit B: Jim Walden Email - 9/2/22
- Exhibit C: Alexis Grenell Email - 9/2/22
- Respondents Imamura, et al., Response to Order to Show Cause - 9/15/22
- Exhibit A: Letter to David Imamura - 9/15/22
- Exhibit B: Affidavit of Dr. John Flateau - 9/15/22
- Exhibit 1: Appointment Letter - 9/15/22
- Exhibit C: Affidavit of Yovan Samuel Collado - 9/15/22
- Exhibit 1: Yovan Samuel Collado Appointment Letter - 9/15/22
- Common Cause New York's Letter to the Court - 9/15/22
- Notice of Order in Related Action and of Article Published by the Chair of the IRC - 9/15/22
- Decision and Order - 9/29/22
- Notice of Entry of Amended Decision and Order - 10/12/22
- Notice of Appeal - 10/17/22
- Exhibit 1: Notice of Entry - 10/17/22
- Exhibit 2: Informational Statement - 10/17/22
New York Supreme Court, Appellate Division, First Department - No. 2022-04649
- Notice of Appeal - 10/19/22
- Brief for Petitioners-Appellants - 11/7/22
- Brief for Respondents-Respondents Senate Majority Leader and President Pro Tempore of the Senate Andrea Stewart-Cousins and Speaker of the Assembly Carl Heastie - 12/7/22
- Brief for Respondent Hochul - 12/7/22
- Letter Brief for Respondent Commissioners - 12/7/22
- Reply Brief for Petitioners-Appellants Paul Nichols and Gary Greenberg - 12/16/22
- Reply Brief for Petitioner-Appellant Gavin Wax - 12/16/22
- Petitioners-Appellants' Request for Argument Time - 12/29/22
- Governor Hochul's Request for Argument Time - 12/29/22
- Petitioner-Appellant Gavin Wax's Request for Argument Time - 12/30/22
- Decision and Order - 1/24/23