Subject: RE: New York congressional re-redistricting
From: "Michael McDonald" <mmcdon@gmu.edu>
Date: 7/13/2006, 2:37 PM
To: "'election-law'" <election-law@majordomo.lls.edu>

A follow-up on my earlier query:

Thanks to everyone for the help on the 1990s changes.  In addition to
litigation during the 1990s, which many of you pointed me to, a little bird
tells me that some technical changes (rationalizing precinct and census
boundaries) were also done during the 1990s.

As for the 2006 changes, I've been staring cross-eyed at the Lexis-Nexis
legal descriptions for the 2002 and 2006 congressional districts.  As far as
I can tell, they are identical except for district 2 (and a space after the
apostrophe in "Fisherman's" appearing elsewhere).  For those interested in
the gruesome details, I am appending the district 2 legal descriptions below
at the point where they begin to deviate.  Be careful to note that some of
the changes are more apparent than real as the word order has changed.
Perhaps someone familiar with the area can figure out if there was a
substantive change here.  I rather doubt it since I could find no changes to
the adjoining districts 1 and 3, and I suspect a city annexation or road
construction changed the legal description for District 2.

The bills cited on Lexis Nexis for the 2006 districts are: A.9462,
A.10652-A, S.6460-C, which are finance bills that were enacted over a
governor's veto.  I cannot find any reference to congressional district
changes in these bills, but that does not mean that I am not looking in the
right place or for the right phrase.

A greater lesson is likely this: basing district boundaries on existing
political boundaries, roads, etc. is not a good idea.  Better to describe
districts in terms of something more "permanent", like census geography.
Indeed, I am finding a series of case law starting in the 1800s dealing with
the intersection of mid-decade redistricting and the creation of counties
and territorial annexations.  I am now wondering if much of the perceived
activity in states like Ohio, which had a new congressional map in nearly
every congresssional election for a decade in the 1880s, was more a result
of county creation and other sorts of political boundary changes rather than
gerrymandering.

2002

...ALONG SAID LINE TO BABYLON/HUNTINGTON TOWN LINE, THENCE EASTERLY ALONG
SAID LINE TO ITS INTERSECTION WITH THE ISLIP/BABYLON TOWN LINE, THE POINT OF
BEGINNING; THAT PART OF THE TOWN OF BROOKHAVEN BOUNDED BY A LINE DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT WHERE PATCHOGUE BAY MEETS ISLIP/BROOKHAVEN
TOWN LINE, THENCE NORTHERLY ALONG SAID LINE TO SUNRISE HIGHWAY WEST, THENCE
EASTERLY ALONG SAID HIGHWAY TO TUTHILLS CREEK, THENCE SOUTHERLY ALONG SAID
CREEK TO A POINT BETWEEN JAMES AVENUE AND MOWBRAY AVENUE, THENCE EASTERLY ON
A LINE EXTENDED TO WAVERLY AVENUE, THENCE SOUTHERLY ALONG SAID AVENUE TO
MOWBRAY AVENUE, THENCE EASTERLY ALONG SAID AVENUE TO PATCHOGUE LAKE, THENCE
SOUTHERLY ALONG SAID LAKE TO PATCHOGUE RIVER, ALONG SAID RIVER TO PATCHOGUE
BAY, THENCE WESTERLY ALONG SAID COASTLINE TO ISLIP/BROOKHAVEN TOWN LINE, THE
POINT OF BEGINNING; ALL OF THE TOWN OF HUNTINGTON; THAT PART OF THE TOWN OF
ISLIP BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE
ISLIP/BROOKHAVEN TOWN LINE MEETS THE SHORE LINE, THENCE SOUTHERLY ALONG SAID
LINE TO THE NEW YORK STATE LINE, THENCE WESTERLY ALONG SAID LINE TO
ISLIP/BABYLON TOWN LINE, THENCE NORTHERLY ALONG SAID LINE TO THE NORTH SHORE
OF CAPTREE ISLAND, THENCE EASTERLY ALONG SAID SHORE TO ROBERT MOSES STATE
PARKWAY, THENCE NORTHERLY ALONG SAID PARKWAY TO A POINT MIDWAY BETWEEN
CAPTREE ISLAND AND THE LONG ISLAND SHORE LINE, THENCE EASTERLY ALONG A LINE
EXTENDED FROM SAID POINT, TO A POINT DIRECTLY BELOW THE GREAT COVE, THENCE
NORTHERLY ALONG A LINE EXTENDED TO THE BAY SHORE VILLAGE LINE, THENCE
EASTERLY ALONG SAID LINE TO ISLIP VILLAGE LINE, THENCE EASTERLY ALONG SAID
LINE TO EAST ISLIP VILLAGE LINE, THENCE NORTHERLY ALONG SAID LINE TO THE
EAST SHORE OF CHAMPLIN CREEK, THENCE EASTERLY ALONG THE SHORE LINE TO
QUINTUCK CREEK, THENCE EASTERLY ALONG SAID CREEK TO THE EAST ISLIP/GREAT
RIVER VILLAGE LINE, THENCE NORTHERLY ALONG SAID LINE TO COUNTRY VILLAGE
LANE, THENCE NORTHERLY ALONG SAID LANE TO OVERLOOK DRIVE, THENCE NORTHERLY
ALONG SAID DRIVE TO MANISTEE LANE, THENCE EASTERLY ALONG SAID LANE TO
SOUTHERN STATE PARKWAY, THENCE NORTHERLY ALONG SAID PARKWAY TO THE LONG
ISLAND RAIL ROAD, THENCE WESTERLY ALONG SAID RAILROAD TO A POINT DIRECTLY
NORTH OF TOHEE LANE, THENCE SOUTHERLY ALONG A LINE EXTENDED FROM SAID POINT
TO TOHEE LANE AND ITS INTERSECTION WITH CARDINAL LANE, THENCE WESTERLY ALONG
CARDINAL LANE TO ARCH LANE, THENCE NORTHERLY ALONG SAID LANE TO THE LONG
ISLAND RAIL ROAD, THENCE WESTERLY ALONG SAID RAILROAD TO THE ISLIP/BAYSHORE
VILLAGE LINE, THENCE SOUTHERLY ALONG SAID LINE TO UNION BOULEVARD, THENCE
WESTERLY ALONG SAID BOULEVARD TO CLINTON AVENUE, THENCE NORTHERLY ALONG SAID
AVENUE TO THE LONG ISLAND RAIL ROAD, THENCE WESTERLY ALONG SAID RAILROAD TO
THE BAYSHORE/BRIGHTWATERS VILLAGE LINE, THENCE WESTERLY ALONG SAID LINE TO
UNION BOULEVARD, ALONG SAID BOULEVARD TO NORTH WINDSOR AVENUE, THENCE
NORTHERLY ALONG SAID AVENUE TO THE LONG ISLAND RAIL ROAD, THENCE WESTERLY
ALONG SAID RAILROAD TO WEST BAYSHORE/BRIGHTWATER VILLAGE LINE, THENCE
SOUTHERLY ALONG SAID LINE TO UNION BOULEVARD, THENCE WESTERLY ALONG SAID
BOULEVARD TO ROBERT MOSES STATE PARKWAY, THENCE NORTHERLY ALONG SAID PARKWAY
TO WEST BAYSHORE ROAD, THENCE WESTERLY ALONG SAID ROAD TO ISLIP/BABYLON TOWN
LINE, THENCE NORTHERLY AND EASTERLY ALONG SAID LINE TO THE ISLIP/BROOKHAVEN
TOWN LINE, THENCE SOUTHERLY ALONG SAID LINE TO THE SOUTH SHORE LINE, THE
POINT OF BEGINNING; THAT PART OF THE TOWN OF SMITHTOWN BOUNDED BY A LINE
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE NESCONSET HIGHWAY MEETS THE
SMITHTOWN/ISLIP TOWN LINE, WESTERLY ALONG SAID LINE TO HUNTINGTON/SMITHTOWN
TOWN LINE, THENCE SOUTHERLY ALONG SAID LINE (BREAD AND CHEESE HOLLOW ROAD)
TO ITS INTERSECTION WITH ORCHARD DRIVE, THENCE EASTERLY ALONG SAID DRIVE TO
MEADOW GLEN ROAD, THENCE SOUTHERLY ALONG SAID ROAD TO ITS INTERSECTION WITH
THE LONG ISLAND RAIL ROAD, THENCE EASTERLY ALONG SAID RAILROAD TO ITS
INTERSECTION WITH OLD COMMACK ROAD, THENCE WESTERLY ALONG SAID ROAD TO 5TH
AVENUE, THENCE SOUTHERLY ALONG SAID AVENUE TO ITS INTERSECTION WITH HILEEN
DRIVE, THENCE EASTERLY ALONG SAID DRIVE TO MARVIN DRIVE, ALONG SAID DRIVE TO
ELLEN PLACE, THENCE EASTERLY ALONG SAID PLACE TO BALBOA DRIVE, THENCE
NORTHERLY ALONG SAID DRIVE TO LA SALLE LANE, THENCE NORTHERLY ALONG SAID
LANE TO INDIAN HEAD ROAD, THENCE SOUTHERLY ALONG SAID ROAD TO A POINT
BETWEEN OLD NORTHPORT ROAD AND RALIEGH FARM ROAD, THENCE EASTERLY ALONG A
LINE EXTENDED ALONG SAID POINT TO LINDEN AVENUE, THENCE SOUTHERLY ALONG SAID
AVENUE TO OLD ROAD, THENCE EASTERLY ALONG SAID ROAD TO LAWRENCE ROAD, THENCE
SOUTHERLY ALONG SAID ROAD TO A LINE EXTENDED FROM A POINT BETWEEN PLYMOUTH
BOULEVARD AND ANNANDALE ROAD TO THE INTERSECTION OF PLYMOUTH BOULEVARD AND
WHISPERING WOOD DRIVE, THENCE SOUTHERLY ALONG PLYMOUTH BOULEVARD TO OLD
WILLETS PATH, ALONG SAID PATH TO NESCONSET HIGHWAY, THENCE EASTERLY TO THE
INTERSECTION OF SAID HIGHWAY AND THE SMITHTOWN/ISLIP TOWN LINE, TO ITS
INTERSECTION WITH THE SMITHTOWN/ISLIP TOWN LINE, THE POINT OF BEGINNING.

2006

...ALONG SAID LINE TO BABYLON/HUNTINGTON TOWN LINE, THENCE EASTERLY ALONG
SAID LINE TO ITS INTERSECTION WITH THE ISLIP/BABYLON TOWN LINE, THE POINT OF
BEGINNING; ALL OF THE TOWN OF HUNTINGTON; THAT PART OF THE TOWN OF ISLIP
BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE THE
ISLIP/BROOKHAVEN TOWN LINE MEETS THE SHORE LINE, THENCE SOUTHERLY ALONG SAID
LINE TO THE NEW YORK STATE LINE, THENCE WESTERLY ALONG SAID LINE TO
ISLIP/BABYLON TOWN LINE, THENCE NORTHERLY ALONG SAID LINE TO THE NORTH SHORE
OF CAPTREE ISLAND, THENCE EASTERLY ALONG SAID SHORE TO ROBERT MOSES STATE
PARKWAY, THENCE NORTHERLY ALONG SAID PARKWAY TO A POINT MIDWAY BETWEEN
CAPTREE ISLAND AND THE LONG ISLAND SHORE LINE, THENCE EASTERLY ALONG A LINE
EXTENDED FROM SAID POINT, TO A POINT DIRECTLY BELOW THE GREAT COVE, THENCE
NORTHERLY ALONG A LINE EXTENDED TO THE BAY SHORE VILLAGE LINE, THENCE
EASTERLY ALONG SAID LINE TO ISLIP VILLAGE LINE, THENCE EASTERLY ALONG SAID
LINE TO EAST ISLIP VILLAGE LINE, THENCE NORTHERLY ALONG SAID LINE TO THE
EAST SHORE OF CHAMPLIN CREEK, THENCE EASTERLY ALONG THE SHORE LINE TO
QUINTUCK CREEK, THENCE EASTERLY ALONG SAID CREEK TO THE EAST ISLIP/GREAT
RIVER VILLAGE LINE, THENCE NORTHERLY ALONG SAID LINE TO COUNTRY VILLAGE
LANE, THENCE NORTHERLY ALONG SAID LANE TO OVERLOOK DRIVE, THENCE NORTHERLY
ALONG SAID DRIVE TO MANISTEE LANE, THENCE EASTERLY ALONG SAID LANE TO
SOUTHERN STATE PARKWAY, THENCE NORTHERLY ALONG SAID PARKWAY TO THE LONG
ISLAND RAIL ROAD, THENCE WESTERLY ALONG SAID RAILROAD TO A POINT DIRECTLY
NORTH OF TOHEE LANE, THENCE SOUTHERLY ALONG A LINE EXTENDED FROM SAID POINT
TO TOHEE LANE AND ITS INTERSECTION WITH CARDINAL LANE, THENCE WESTERLY ALONG
CARDINAL LANE TO ARCH LANE, THENCE NORTHERLY ALONG SAID LANE TO THE LONG
ISLAND RAIL ROAD, THENCE WESTERLY ALONG SAID RAILROAD TO THE ISLIP/BAYSHORE
VILLAGE LINE, THENCE SOUTHERLY ALONG SAID LINE TO UNION BOULEVARD, THENCE
WESTERLY ALONG SAID BOULEVARD TO CLINTON AVENUE, THENCE NORTHERLY ALONG SAID
AVENUE TO THE LONG ISLAND RAIL ROAD, THENCE WESTERLY ALONG SAID RAILROAD TO
THE BAYSHORE/BRIGHTWATERS VILLAGE LINE, THENCE WESTERLY ALONG SAID LINE TO
UNION BOULEVARD, ALONG SAID BOULEVARD TO NORTH WINDSOR AVENUE, THENCE
NORTHERLY ALONG SAID AVENUE TO THE LONG ISLAND RAIL ROAD, THENCE WESTERLY
ALONG SAID RAILROAD TO WEST BAYSHORE/BRIGHTWATER VILLAGE LINE, THENCE
SOUTHERLY ALONG SAID LINE TO UNION BOULEVARD, THENCE WESTERLY ALONG SAID
BOULEVARD TO ROBERT MOSES STATE PARKWAY, THENCE NORTHERLY ALONG SAID PARKWAY
TO WEST BAYSHORE ROAD, THENCE WESTERLY ALONG SAID ROAD TO ISLIP/BABYLON TOWN
LINE, THENCE NORTHERLY AND EASTERLY ALONG SAID LINE TO THE ISLIP/BROOKHAVEN
TOWN LINE, THENCE SOUTHERLY ALONG SAID LINE TO THE SOUTH SHORE LINE, THE
POINT OF BEGINNING; THAT PART OF THE TOWN OF SMITHTOWN BOUNDED BY A LINE
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHERE NESCONSET HIGHWAY MEETS THE
SMITHTOWN/ISLIP TOWN LINE, WESTERLY ALONG SAID LINE TO HUNTINGTON/SMITHTOWN
TOWN LINE, THENCE SOUTHERLY ALONG SAID LINE (BREAD AND CHEESE HOLLOW ROAD)
TO ITS INTERSECTION WITH ORCHARD DRIVE, THENCE EASTERLY ALONG SAID DRIVE TO
MEADOW GLEN ROAD, THENCE SOUTHERLY ALONG SAID ROAD TO ITS INTERSECTION WITH
THE LONG ISLAND RAIL ROAD, THENCE EASTERLY ALONG SAID RAILROAD TO ITS
INTERSECTION WITH OLD COMMACK ROAD, THENCE WESTERLY ALONG SAID ROAD TO 5TH
AVENUE, THENCE SOUTHERLY ALONG SAID AVENUE TO ITS INTERSECTION WITH HILEEN
DRIVE, THENCE EASTERLY ALONG SAID DRIVE TO MARVIN DRIVE, ALONG SAID DRIVE TO
ELLEN PLACE, THENCE EASTERLY ALONG SAID PLACE TO BALBOA DRIVE, THENCE
NORTHERLY ALONG SAID DRIVE TO LA SALLE LANE, THENCE NORTHERLY ALONG SAID
LANE TO INDIAN HEAD ROAD, THENCE SOUTHERLY ALONG SAID ROAD TO A POINT
BETWEEN OLD NORTHPORT ROAD AND RALIEGH FARM ROAD, THENCE EASTERLY ALONG A
LINE EXTENDED ALONG SAID POINT TO LINDEN AVENUE, THENCE SOUTHERLY ALONG SAID
AVENUE TO OLD ROAD, THENCE EASTERLY ALONG SAID ROAD TO LAWRENCE ROAD, THENCE
SOUTHERLY ALONG SAID ROAD TO A LINE EXTENDED FROM A POINT BETWEEN PLYMOUTH
BOULEVARD AND ANNANDALE ROAD TO THE INTERSECTION OF PLYMOUTH BOULEVARD AND
WHISPERING WOOD DRIVE, THENCE SOUTHERLY ALONG PLYMOUTH BOULEVARD TO OLD
WILLETS PATH, ALONG SAID PATH TO NESCONSET HIGHWAY, THENCE EASTERLY TO THE
INTERSECTION OF SAID HIGHWAY AND THE SMITHTOWN/ISLIP TOWN LINE, TO ITS
INTERSECTION WITH THE SMITHTOWN/ISLIP TOWN LINE, THE POINT OF BEGINNING.