A lawsuit filed Monday in the New York Supreme Court seeks the immediate invalidation of New York State Assembly voting district lines. The petitioners in the complaint are New York gubernatorial candidate Paul Nichols, former New York State Senate Candidate Gary Greenberg, and the President of New York Young Republican Club Gavin Wax.
On April 27 the New York Court of Appeals held that the procedure followed by the New York Legislature in adopting the congressional and State Senate district maps was unconstitutional. The Court of Appeals further held that the congressional map was an unconstitutional partisan gerrymander. That same constitutional violation also resulted in unconstitutional Assembly lines, which the Steuben County Supreme Court declared to be void and unusable. However, due to the fact that the petitioners in that case did not seek to invalidate the 2022 State Assembly voting district lines, the Court of Appeals found that it “may not invalidate the assembly map despite its procedural infirmity.”
This lawsuit fixes such defects in the previous lawsuit. It directly asks the Court to apply the Court of Appeals’ analysis of State Respondents’ unconstitutional redistricting process to the State Assembly legislation and declare the constitutional infirmity of the Assembly map. The petitioners of the complaint specifically request that the Court: (1) invalidate unconstitutional New York Assembly district lines, (2) align all state and local primary election voting, including voting for state-wide offices, to occur on either August 23 or September 13, (3) If an immediate injunction is issued, immediately appoint a special master to redraw the New York State Assembly district lines.