The court ruled that a new map should be created for the 2022 election. New York’s primary election is scheduled for June 28, but judges wrote that “it will probably be necessary” to postpone the congressional election to August.
The decision was a blow to Democrats, as they saw the reorientation of the New York area as one of their best chances to shape the area’s boundaries in their favor. New York lost its seat in Congress after the 2020 census, and a blocked map would give Democrats an advantage in 22 of the state’s 26 congressional counties.
Two lower courts had already ruled that the map, drawn and adopted by Democrats in the New York legislature and signed by Democratic Gov. Katie Hochul, was an unconstitutional herrimander.
On Wednesday, judges ruled that the map was “drawn with an inadmissible guerrilla goal” and “to discourage competition”.
Former US New York envoy John Faso, one of the Republicans leading the map challenge, called the court ruling a “New York landmark decision.”
“The Court’s ruling today really sets a mark for future legislatures to explicitly follow the exact process contained in the constitutional amendment,” Faso said. “And that will force future legislatures, whether controlled by Republicans or Democrats, whether they are super-majority or small-majority, that will require cooperation.”
In decision 4-3, the court also concluded that the process in which the map of Congress was drawn “contradicted” the state constitution. An amendment to New York’s 2014 constitution set up an independent redistribution committee, which was tasked with drafting a map of Congress and presenting that plan to the state legislature for a vote. After the first sets of regional lines of the commission failed in the legislature, the committee did not present a second plan. At this point, the state legislature drew the now-blocked map.
Instead of allowing the Democrat-led state legislature to adopt a new map, Wednesday’s decision returned the matter to lower court judge Patrick McCallister, allowing him to work with a special master to draw the map. McCallister has already appointed Jonathan Servas as special master and said the new congressional card will be issued by May 24.
The New York State Electoral Council is beginning preparations to move some of the state’s primary elections to account for the congressional map and the state Senate map that have been discarded.
“Council of State officials are ready to assist the Supreme Court in every way possible, and we are called upon to rapidly develop a new political calendar for the August primary elections for the State Senate and the US House of Representatives,” said John Conklin, director of public information. The state election commission said in a statement.
New York is one of four states without active congressional cards, joining Missouri, New Hampshire and Kansas, whose card was blocked on Monday.
This story has been updated with additional information.
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