February 14, 2012 at 10:28am
Albany's legendary dysfunction may mean independent redistricting after all, but not in the way that advocates wanted.
Yesterday, a federal judge recommended that the federal courts take over the redistricting process. The decision came as part of a voter lawsuit against the state.
Specifically, Judge Dora L. Irizarry of the US District Court in Brooklyn is making a formal request to the chief judge of the Second Circuit Court of Appeals. She wants the judge to appoint a three-judge panel, which would handle the case and appoint a special master to draw districts, says the New York Daily News. The state Legislature hasn't approved any lines yet, and that appears to be the basis of Irizarry's decision; she cites lawmakers' "current state of inaction," says the New York Times.
A master would develop a set of lines based on state and federal laws.
Irizarry's onto something with her decision. Earlier this month, an Albany-based US District Court judge set New York's Congressional primary date for June 26. That happened after lawmakers failed to come up with a new primary date on their own, which the federal government had directed them to do. The previous September date violated federal military balloting requirements.
Petitioning for the Congressional primary is supposed to start on March 20, and the Legislature's redistricting task force hasn't even released proposed districts. In other words, Congressional candidate petitioning starts very soon and nobody knows what district they'll be running in. Irizarry wrote that the scenario creates massive uncertainty for candidates and hinders their ability to raise money, the Daily News reports.
The task force has released proposed Senate and Assembly districts, but some elected officials and community leaders say the lines are blatantly partisan. Governor Andrew Cuomo has threatened to veto them.
In Rochester, some local officials object to the way the city is divided into three Senate districts. They say that the plans deny the city a distinct voice in the Senate and that they dilute the votes of minorities and the poor.
Irizarry's recommendation was made in response to a lawsuit brought by some voters against the state.
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