League of Women Voters of N.Y.S. v. N.Y.S. Bd. of Elections

• Decision Date: 02 June 2022
• Docket Number: Index No. 903900-22
• Citation: 75 Misc.3d 949,172 N.Y.S.3d 327
• Parties: In the Matter of the Application of LEAGUE OF WOMEN VOTERS OF NEW YORK STATE, Petitioner, v. NEW YORK STATE BOARD OF ELECTIONS, Respondent.
• Court: New York Supreme Court

75 Misc.3d 949
172 N.Y.S.3d 327

In the Matter of the Application of LEAGUE OF WOMEN VOTERS OF NEW YORK STATE, Petitioner,
v.
NEW YORK STATE BOARD OF ELECTIONS, Respondent.

Index No. 903900-22

Supreme Court, Albany County, New York.

Decided on June 2, 2022

172 N.Y.S.3d 328

Holwell Shuster & Goldberg, LLP, Attorneys for Petitioner, Gregory Dubinsky, Esq., of counsel, 425 Lexington Avenue, 14th Floor, New York, New York 10017

New York State Board of Elections, Attorney for Respondent, Brian Lee Quail, Esq., 40 N. Pearl Street Ste 5, Albany, New York 12207

Henry F. Zwack, J.

In this Article 78 proceeding, the petitioner, League of Women Voters of New York State ("League") seeks as against the respondent New York State Board of Elections ("BOE") a writ of mandamus, a writ of prohibition, and declaratory judgment — arguing that the BOE failed to perform a duty imposed on it by law, when it certified the 2022 Assembly primary ballot without first properly configuring the Assembly district maps as required by a 2014 Constitutional Amendment. The League specifically asks the Court to order the BOE to cease any further actions to facilitate the June 28, 2022 Assembly primary elections. The League argues that the BOE, by certifying the Assembly primary ballots, acted and continues to act without, or in excess, of its jurisdiction, and should be ordered to refrain from carrying out the June 28, 2022 primary elections for the Assembly unless and until such time as valid Assembly district maps are implemented. The League also seeks a declaratory judgment that the BOE's certification of the Assembly primary ballots was irrational, affected by error of law, arbitrary and capricious, and an abuse of discretion. The League requests that the BOE's certifications be annulled, and the Assembly primary election be delayed until such time as valid maps are drawn. The League also asserts it is entitled to attorneys fees and expenses under CPLR Article 86, when the aforementioned relief is granted. The BOE opposes.

By way of background, in 2014 New York amended the Constitution (Art. III, § 4 (b)) to address the gerrymandering of the State Senate, State Assembly, and congressional districts, by creating an independent redistricting commission ("IRC") to draft maps and hold public hearings — after which the IRC would submit new district maps to the Legislature for approval. If the Legislature or Governor did not approve the submitted maps, the IRC would have 15 days to redraw and submit new maps. It is only after the Legislature voted to reject, or the Governor did not approve, the second IRC maps that the Legislature would get to enact its own district maps with the approval by the Governor. This year, the IRC first submitted two competing plans to the Legislature, which it voted to reject. The IRC then advised that it was deadlocked and would not submit a further set of maps to the Legislature. Without a further vote on

172 N.Y.S.3d 329

any maps, the Legislature enacted its own set of maps, which were approved by the Governor. This led to Harkenrider v. Hochul, No. E2022-016CV, ––– Misc.3d ––––, ––– N.Y.S.3d ––––, 2022 WL 1819491 (Sup. Ct., Stueben County), ( Harkenrider I ) , which challenged the constitutionality of the State Senate and congressional maps — with the Court finding on March 31, 2022 that the State Senate, Assembly and congressional maps "void" under the State Constitution.¹ Following an appeal, the Appellate Division, Fourth Department modified — vacating the declaration that the State Senate and Assembly maps were unconstitutional, but otherwise affirming that the congressional maps were unconstitutional ( Harkenrider v. Hochul, 204 A.D.3d 1366, 167 N.Y.S.3d 659 ), ( Harkenrider II ). On an appeal of portions of Harkenrider II — limited to only the declarations involving the State Senate and congressional maps — on April 27, 2022, the Court of Appeals ( Harkenrider v. Hochul, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2022 WL 1236822 ) ( Harkenrider, III ), modified, in sum declaring the State Senate and congressional maps void as unconstitutional, with the matter remitted "to Supreme Court which, the assistance of the special master ... shall adopt constitutional maps with all due haste." In a footnote (15), the Court declined to invalidate the Assembly maps, on account of the petitioners not seeking that relief nor challenging the Appellate Division's vacatur of the Supreme Court's declaration that the State Assembly maps were void. On a subsequent motion to intervene in Harkenrider I , the purpose of which...