[EL] New York redistricting decision today (Yatauro v. Mangano)

[Jeff Wice]

The New York State Court of Appeals issued a ruling today in *Yatauro v.
Mangano*, a case from the Nassau County legislature's somewhat premature
redistricting effort.

The Court ruled that the county legislature was wrong to redistrict the
county legislature before the 2011 election. Due to an inconsistency in the
county charter, the county legislature is tasked to "describe" legislative
districts with new census data by October in the year after the federal
census. This provision was included in the county charter enacted in 1994 as
a result of the *Jackson v Board of Supervisors* decision invalidating the
old Board of Supervisors violation of the "equal protection" standard.

Before approval by the voters in 1994, the outgoing Board of Supervisors
added provisions to a charter commission draft providing for a commission to
draw new lines followed by county legislative approval or amendment.The
additional language directed the county legislature to redistrict in 2003
and every ten years thereafter.  The Supervisors left the inconsistent
"describe" districts language alone so as not to back pedal on a reform
commission's work product.

In April, 2011 the County Attorney and majority members of the county
legislature enacted an entirely new redistricting plan, changing districts
for over 40% of the county residents. The premature redistricting was
regarded as a political ploy to increase the majority's hold on the
legislature.

Today, the Court of Appeals reversed an Appellate Division ruling (reversing
a prior trial court rejection of the new plan) and will have the county
avoid redistricting twice in two years.

Another challenge against the new plan was put on hold in federal district
court (now moot). The federal court challenge attacked the new plan as a
violation of VRA Section 2.

Interestingly, the county tried to argue that Nassau County would have the
best redistricting plan in the nation because of the ability to redistrict
twice a decade. The court did not buy that.

The decision can be found at the following link:

http://www.courts.state.ny.us/CTAPPS/Decisions/2011/Aug11/218opn11.pdf

Jeff Wice
(Note- I served as a counsel to the plaintiffs).
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