Following the failure of a preliminary injunction against the state legislative map, no pencils can erase and redraw district lines.
The injunction, which was requested by Democrats, was recently rejected by a judge – finalizing the lines for the upcoming State Senate and Assembly elections due to the lack of time remaining for a trial to intervene before the commencement of primary season.
Despite the court’s verdict, Democratic Senate Campaign Committee (DSCC) Chair Michael Gianaris says Democrats will continue their fight in court to remove the lines in time for the next election, which occurs in 2014.
“Unfortunately, the delay tactics of the Senate Republicans were effective and the courts said they simply don’t have enough time to make a decision before the political process takes place this year, and they were unwilling to postpone the election season,” Gianaris said. “They will continue hearing the case on the normal court schedule, which will extend beyond this election. The goal is to retake the majority for the Democrats under these badly gerrymandered lines and continue to pursue the case in court so we end up with a fair map at the end of the day.”
The Senate Democrats were hoping to eliminate the maps, drawn by the New York State Legislative Task Force on Demographic Research and Reapportionment (LATFOR) – made up largely of Republican Senators due to their current control of the chamber.
Many believe LATFOR’s maps were drawn to prevent Democrats from retaking control of the chamber.
According to a source with knowledge of the situation, Democrats did not expect to have their preliminary injunction granted. The primary gripe among Democrats was the creation of the 63rd District seat, which was viewed as a political tactic to keep Republicans in power, according to the source.
“I’m disappointed that it’s happened this way and the courts decided that the 63rd [District] will stay for this election,” said Senator Jose Peralta. “But the fight is not over. With myself, Senator Gianaris and the Democratic conference, we are going to be pushing to make sure we eliminate that seat come next election season.”
Peralta went on to say that polls are indicating the public wants a Democratic majority in the Senate. The senator believes Democrats, who retook the chamber in 2008 after over 40 years of Republican control, are “much more prepared this time around to take back the majority.”
Democrats have now run out of options after the lawsuit arguing the constitutionality of the extra State Senate seat was also rebuffed and the federal government provided preclearance to the map under the Voting Rights Act.
“Yesterday, the federal three-judge panel denied the motion for a preliminary injunction, and ordered the 2012 Senate elections to proceed under the lines enacted by the Legislature,” said Senate Majority Leader Dean Skelos. “The decision comes just two weeks after the New York Court of Appeals unanimously ruled that our redistricting plan complied with the State Constitution and less than a month since we received preclearance from the Obama administration’s Department of Justice. I am extremely pleased with this decision, and it ensures the state can administer an orderly and fair election this fall.”
