Government & Politics

Appeals Court Hands New York’s Redistricting Decision Back to the Politicians

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New York State's Court of Appeals in Albany

December 12, 2023

This story has been updated:

By Barrett Seaman–

The 4-3 vote by the New York State Court of Appeals ordering the state’s Independent Redistricting Commission (IRC) to go back to the drawing board and correct perceived distortions in the distribution of voters—notably in Westchester-centric Congressional Districts 16 and 17—has thrown the 2024 election cycle into a cocked hat.

It leaves open which voters will be deciding among three Democrats contending for their party’s nomination in CD-16 and affects the choice between Republican incumbent Mike Lawyer and his Democratic challenger Mondaire Jones in CD-17. Depending on how quickly the IRC acts, the order may delay the primary, originally scheduled for June, until August, as was the case in 2022.

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No one can yet say exactly what the design of the new plan will be, but knowledgeable Democrats say that where voters in the rivertowns end up will be a critical factor. While several competing maps have surfaced in recent weeks, these sources are betting that the final map, which must ultimately be approved by the state legislature in Albany, will be marginally, yet significantly different from the one used in the 2022 election.

Judging by reactions, it is clear that Democrats are generally pleased with the court’s decision and Republicans displeased, while members of the progressive Working Families Party, which backs CD-16 incumbent Jamaal Bowman, feel that backroom politics has thrown their candidate under the proverbial bus.

A statement issued by Governor Hochul and State Attorney General Letitia James said: “Today’s redistricting decision will ensure all New Yorkers are fairly and equitably represented by elected officials.”

Mondaire Jones called the decision “a victory for every New Yorker who wants to be fairly represented at the federal level.”

Congressman Lawler, on the other hand, labeled the decision “corrupt Albany politics at its worst,” adding in a statement, “Kathy Hochul, Hakeem Jeffries, and Albany and Washington Democrats stacked the court with a handpicked judge to deliver the decision they needed to rig New York’s Congressional maps.” He went on to imply that there may be further legal action.

For its part, the Working Families Party, upset by the entry of George Latimer into the CD-16 primary, demanded that the County Executive disclose the nature of his private conversations with his deputy about redistricting, inferring that Jenkins would act in the interest of his erstwhile boss, whom he would succeed if Latimer goes to Washington. * see update below

Westchester County Democratic Party chair Suzanne Berger cast doubt on that scenario, pointing out that though he was chair of the IRC, Jenkins was only one of ten members, four from each of the two main parties and two independents, and that the decision would ultimately be made by the state legislature.

Lawler’s analysis highlights a crucial aspect of the election cycle without elaborating on how. House Minority Leader Hakeem Jeffries has every reason to care deeply about what happens in these two districts, since the outcome could well determine the 2024 balance of power in Washington. He will be allocating campaign funding accordingly. His and his party’s greatest interest is in returning Mondaire Jones to Washington, by ousting Lawler. Lawler, however, has won the backing of AIPAC, the highly influential American Israeli Political Action Committee. AIPAC reportedly played a key part in convincing George Latimer to take on Bowman, whose pro-Palestinian statements have alienated many Jews, a significant voting bloc in Westchester.

Democrats will want the IRC to create a map that shifts at least a portion of liberal strongholds in Westchester (like Greenburgh and the rivertowns) to CD-17. With little apparent Republican opposition in southern Westchester, CD-16 will almost certainly remain a Democratic seat. However, as Marty Dolan, CD-16’s third candidate, cautions, “The math is a zero-sum game and a major gamble. If Greenburgh, White Plains and Scarsdale are taken out of 16 to help Mondaire Jones in 17, this creates a more favorable 16 for Bowman. The Democratic Party may not be able to have it both ways.”

Now that the court has spoken, the outcome is in the hands of politicians, which, for better or for worse, is how the system is designed.

Update:

In a message posted on Tuesday, addressed to numerous news organizations, a spokesperson for the Working Families Party shared five questions directed at County Executive Latimer, which The Hudson Independent in turn posed directly to the County Executive. Those questions were:

1) How many times did you have written, phone, or in-person conversations with Ken Jenkins about redistricting?

2) How many of your redistricting conversations concerned CD-16?

3) How many of these conversations took place after signaling your intentions to run in CD-16?

4) Did you consider how many Black voters or voters of color would be included in the new CD-16?

5) Can you produce all written communications with Jenkins on the subject of redistricting?

On Wednesday, a day after our story was posted. Latimer replied as follows:

“I’ve had no discussions with Ken regarding District lines or scenarios; we talked twice about the process timeline and sequence of what happens from court to IRC to State Legislature. There were no discussions about demographics at all.”

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