Hoffmann v. New York Independent Redistricting Commission
Case Summary
LWV New York filed an amicus brief urging the New York Court of Appeals to reverse a decision ordering the New York State Independent Redistricting Commission to redraw New York’s congressional maps before the 2024 elections. The New York Court of Appeals affirmed the decision and ordered the IRC to submit new a new congressional redistricting plan to the state legislature by Feb. 28, 2024.
In 2014, New York voters voted to amend the New York constitution to require that the state's legislative and congressional districts be drawn by the New York State Independent Redistricting Commission (“commission"). The amendment requires the commission to submit a redistricting plan to the state legislature. If the plan is not approved or is vetoed by the governor, the commission must prepare a second redistricting plan and submit it to the legislature for approval. If the second plan fails to pass the legislature or is vetoed, the legislature can alter the commission-drawn maps within two percent of the population in any district. In February 2022, the commission submitted two competing redistricting plans to the state legislature and both were rejected. The commission then failed to fulfill its constitutional requirement to submit a second plan to the legislature. Following this, the legislature passed its own redistricting maps, and the governor later signed them into law.
On June 28, 2022, a group of New York voters filed a lawsuit against the commission, alleging it violated its obligation to submit a second set of redistricting plans after the legislature rejected their first set (“petitioners”). This suit was brought following the state court decisions in Harkenrider v. Hochul and Nichols v. Hochul, which invalidated the New York Legislature's congressional, state senate, and state assembly redistricting plans because the Legislature enacted them without receiving or considering a second set of proposed maps from the redistricting commission. The court in Harkenrider also found the congressional maps were an unconstitutional partisan gerrymander. The Court of Appeals, New York’s highest court, remanded the matter to the trial court below. The trial court appointed a special master, whose remedial congressional and state senate redistricting plans were adopted and used in the 2022 midterm elections.
After this decision, the Hoffman petitioners requested that the trial court require the commission to submit a second set of redistricting plans to the state legislature. The plaintiffs asked that the state legislature consider this second set of plans from the commission to be in place for the rest of the decade until the next redistricting cycle.
On Sept. 12, 2022, the trial court in Albany County dismissed the complaint, finding no remedy available under the state constitution's redistricting provisions. Plaintiffs appealed. On July 13, 2023, the Third Department of the New York Supreme Court's Appellate Division, by a 3 – 2 decision, ordered the commission to produce a new congressional map. Defendants appealed this decision to New York’s highest court, resulting in an automatic stay of the Third Department’s order.
On Sept. 8, 2023, the League of Women Voters of New York State (“LWV New York”) filed an amicus brief supporting the defendants. The brief argued the Third Department erred in ordering the commission to prepare and submit a second redistricting plan to the legislature. The brief argued that the state’s highest court could not grant this remedy because Harkenrider was controlling precedent and because the state constitution forbade mid-decade redistricting. LWV New York asked for the Third Department's order to be reversed and the lawsuit to be dismissed.
On Dec. 12, 2023, the New York Court of Appeals affirmed the Third Department's decision in a 4 – 3 ruling and ordered the commission to submit a second plan to the legislature by Feb. 28, 2024. The court reasoned that the failure to deliver a second set of maps to the legislature was a constitutional violation that Harkenrider did not resolve.
After the decision, the New York legislature enacted a new congressional map, signed into law by Governor Hochul on Feb. 28, 2024.
LWV New York was represented in this matter by Holwell Shuster & Goldberg LLP.
LWV Timeline
Plaintiffs file lawsuit
Petitioners file a lawsuit in the Supreme Court of New York for Albany County claiming the commission failed to fulfill its constitutional duty to submit a second set of maps. Petitioners seek a writ of mandamus ordering the commission to submit a second set of congressional, state senate, and state assembly maps.
Petitioners file an amended complaint
Petitioners file an amended petition seeking a writ of mandamus ordering the commission to submit a second set of congressional maps.
Defendants file motion to dismiss
Defendants move to dismiss the lawsuit on the grounds that (1) petitioners failed to state a claim, (2) mandamus relief is not appropriate or available, and (3) the petition is untimely.
Trial court grants motion to dismiss
The trial court grants respondents’ motion to dismiss, holding there is no enforceable remedy available to petitioners.
Third Department reverses dismissal and orders the commission to draw new congressional map
In a 3 – 2 opinion, the Third Department of the New York Supreme Court's Appellate Division orders the commission to draw a new congressional map.
LWV New York files amicus brief
LWV New York files an amicus brief supporting the commission. The brief argues the Court of Appeals cannot order the commission to revisit the Congressional redistricting plans because the remedial holding in Harkenrider v. Hochul is controlling, and that the constitutional amendment requiring legislative and congressional maps to be drawn by the commission prohibits mid-decade redistricting.
The New York Court of Appeals issues its opinion
In a 4 – 3 ruling, the New York Court of Appeals orders the commission to submit a second redistricting plan to the legislature by Feb. 28, 2024. The court reasons that the commission is obligated to submit a second map per New York’s constitution, rendering Harkenrider’s holding irrelevant. Moreover, the court finds the state constitution empowers it to order mid-decade redistricting when appropriate.
Governor Kathy Hochul approves new congressional maps
Governor Kathy Hochul signs new congressional districts proposed by the legislature into law. The legislature had previously rejected the commission’s second set of proposed congressional maps.