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Edited by Geoff Pallay
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While less than 1/3 of states still need to complete redistricting, for some states, there seems to be no end in sight.
New York State Senator Martin Dilan (D) joined others in filing suit in Manhattan state Supreme Court on Tuesday, arguing that the Republican plan to add a 63rd seat in the Senate is a violation of the state Constitution. According to the lawsuit, the Legislative Task Force on Demographic Research and Reapportionment (LATFOR) did not apply the Senate size formula as set out in Section 4 "consistently, rationally, or in good faith." The suit contends that, while LATFOR has some discretion to determine how to apply the formula, when they added a 62nd seat 10 years ago they used a completely different methodology. Senate Republicans argue the plan meets all legal requirements. Governor Andrew Cuomo (D) continued to threaten to veto the lines, reiterating that the plans are unacceptable and require a great deal of reworking, not just minor revisions.
Meanwhile, last Friday U.S. District Judge Gary Sharpe of the United States District Court for the Northern District of New York delivered his ruling establishing the date of the New York congressional primary as June 26, 35 days prior to the deadline for sending absentee ballots overseas. While his ruling does not change the state legislative primary, it is likely that the legislature will follow suit and move the State senate and State Assembly primary date to June 26 as well.
Legislators say the ruling throws another wrench into the redistricting process and are doubtful they will be able to comply with the order without changing laws. Assemblyman John McEneny (D) said the draft of new congressional lines probably won’t be released to the public until early March. Even if the map is quickly approved and Cuomo does not veto it, the election calendar would be extremely tight. Under state law candidates have 37 days to circulate petitions to get on the ballot, which some lawmakers are looking to cut in half. There is also hope that the Justice Department would quickly sign off on the lines, rather than take the 60 days allotted to them. Seeing as how every stage of this round of redistricting has seen delays and bitter partisan battles, the feasibility of a June 26 primary appears in doubt.
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