NY top court nixes Senate redistricting challenge

ALBANY, New York/AP — New York’s top court on Thursday rejected a constitutional challenge by state Senate Democrats who claim Republicans improperly used two different formulas to redraw the election map that created a 63rd Senate district upstate.

The Court of Appeals, which took the case on an expedited basis, unanimously upheld a trial-level judge who found that using the different formulas to establish voting boundaries was not unconstitutional. The seven judges concluded “consistent application” of one formula is not required, and lawmakers have latitude in carrying out their constitutional authority to add Senate districts based on population shifts documented by the census.

“It is not our task to address the wisdom of the methods employed by the Legislature in accomplishing their constitutional mandate,” the court said. “Rather, here, we consider only whether the methods chosen amount to ‘a gross and deliberate violation of the plain intent of the Constitution.'”

Republican lawmakers in the Senate and Assembly struck a deal with Democratic Gov. Andrew Cuomo to approve new election maps following the 2010 census, maps that critics say were unfairly drawn to help protect their political power.

The new 63rd district mostly covers Republican suburbs west and south of Albany.

The Republicans now hold a 32-30 majority in the Senate, including most of the upstate and Long Island seats. Democrats have a 2-to-1 voter enrollment advantage in the state and said most of the population growth was in the New York City area, where they have most of the Senate seats.

“While we are disappointed with today’s decision, we are hopeful that remaining legal challenges will overturn the unfair state Senate maps,” said Mike Murphy, spokesman for the Senate Democratic Conference. “In any event, Senate Democrats remain confident that even if the existing gerrymandered maps are ultimately upheld, Democrats will gain seats and retake the majority in the state Senate this November.”

Another lawsuit is pending in federal court.

On Friday, Assistant Attorney General Thomas Perez said in a letter that the U.S. Justice Department has no objections to adding a 63rd seat under provisions of the federal Voting Rights Act, designed to ensure that minorities have a voice in government and that political district boundaries meet the “one person, one vote” principle.

State Senate Majority Leader Dean Skelos, a Long Island Republican, said he was grateful for Thursday’s ruling, which showed the reapportionment plan is fair and complies with the state constitution. “It was the Senate Democrats who wrongly dragged us into court and wasted taxpayer money pursuing this matter,” he said.