S8638
An act to amend the Civil Practice Law and Rules - redistricting litigation venue restrictions — 2024-02-26 · Calendar #465
The New York State Senate passed legislation on Monday that would restrict challenges to statewide redistricting maps to just four county Supreme Courts—Albany, Westchester, New York, and Erie—rather than allowing suits in any of the state's 62 counties.
Senate Print 8638, sponsored by Sen. Alessandra Myrie, passed 39-18 along largely party lines. The bill amends the Civil Practice Law and Rules to establish venue restrictions for litigation challenging statewide apportionment and redistricting.
Myrie argued the measure creates predictability and develops judicial expertise consistent with the federal Voting Rights Act model, which funnels certain voting rights challenges to the D.C. Circuit. She cited precedent from New York's John R. Lewis Voting Rights Act and prior election law statutes that similarly limit jurisdictions for specialized litigation.
"This is an attempt for us to fulfill our constitutional duty and to bring some clarity to the process when bringing lawsuits," Myrie said during floor debate.
Republican opponents, led by Sen. Andrew Lanza, mounted a sustained constitutional challenge, arguing the restriction violates due process by denying citizens access to courts in their home communities. Lanza noted that all four selected counties are Democratic-leaning and questioned why judges in other counties—including rural areas like Franklin and Cortland counties—lack the expertise to handle redistricting cases that arise only once per decade.
"This is nothing more than statutory, mandatory forum shopping," Lanza said. "You've made your purchase. You've selected four counties. The rest be damned."
Sen. James Skoufis, voting in support, countered that redistricting lawsuits are orchestrated by political operatives who identify plaintiffs, not spontaneous citizen actions. He noted that actual plaintiffs in past cases did not personally appear in court proceedings.
The bill's passage comes months after the Senate rejected a 9-1 map recommendation from the Independent Redistricting Commission in favor of maps more favorable to Democrats. Republicans characterized the venue restriction as anticipatory defensive legislation designed to ensure favorable court outcomes in Democratic jurisdictions.
PASSED
Ayes: 39
· Nays: 18
Debate Summary
The bill would limit challenges to statewide redistricting and apportionment to four specific county Supreme Courts (Albany, Westchester, New York, and Erie counties) rather than allowing suits in any of New York's 62 counties. Sponsor Sen. Myrie argued this creates predictability and expertise consistent with the federal Voting Rights Act and prior New York election law precedents. Opponents, led by Sen. Lanza, contended the restriction violates due process and constitutional rights by denying citizens access to courts in their own communities, and questioned why the four selected counties are all Democratic-leaning jurisdictions.
Recorded Votes
Recorded votes are predominantly dissenting (nay) votes captured from roll call records.
| Senator | Vote | Party |
|---|---|---|
| Bailey | aye | Democrat |
| Gianaris | aye | Democrat |
| Myrie | aye | Democrat |
| Persaud | aye | Democrat |
| Ryan | aye | |
| Skoufis | aye | Democrat |
| Ashby | nay | Republican |
| Borrello | nay | Republican |
| Gallivan | nay | Republican |
| Griffo | nay | Republican |
| Helming | nay | Republican |
| Lanza | nay | Republican |
| Martins | nay | Republican |
| Mattera | nay | Republican |
| Murray | nay | Republican |
| Oberacker | nay | Republican |
| Ortt | nay | Republican |
| Rhoads | nay | Republican |
| Rolison | nay | Republican |
| Scarcella-Spanton | nay | Democrat |
| Stec | nay | Republican |
| Tedisco | nay | Republican |
| Weber | nay | Republican |
| Weik | nay | Republican |