Jan 29, 2025 Story by: Editor
Nassau County, NY, and voters of color reached a settlement agreeing to a new county legislature map that resolves a year-long lawsuit challenging the constitutionality of the New York Voting Rights Act (NYVRA). The settlement ensures that the number of majority-minority districts in the southwest part of the county increases from four to six out of 19 districts, without Nassau County admitting to any violation of state laws.
“This map is a big step towards equality and fairness in our community’s democracy,” said Lisa Ortiz, a plaintiff in the case. “After years of having our votes and voices diluted and ignored, we finally have an equal voice at the polls. We’re deeply gratified that our case delivered fairness for voters — and that voters of color will now have as much say as anyone else in Nassau County.”
Perry Grossman, director of the Voting Rights Project at the New York Civil Liberties Union (NYCLU) and lead counsel for the plaintiffs, stated that the new map creates six districts where Black, Latino, and Asian voters can elect their preferred candidates. The map also restores the integrity of a large Asian community that had previously been divided among several districts.
Nassau County Supreme Court Justice Paul I. Marx, who oversaw the case, approved the settlement. The legislature is expected to approve the new map and send it to the county executive for final approval by February 5.
The lawsuit, filed in February 2024 by New York Communities for Change and four Latino voters, accused Nassau County’s February 2023 redistricting plan of violating the NYVRA and the Municipal Home Rule Law (MHRL) by discriminating against Black, Latino, and Asian voters. The NYVRA, signed into law in June 2022, prohibits the drawing of electoral districts in a manner that weakens or limits the voting power of specific groups.
The complaint argued that Nassau County’s redistricting plan had packed communities of color into only four out of 19 districts and split a large, compact Asian community across three districts, diluting its voting power. The plaintiffs contended that, had the redistricting complied with the NYVRA, the map would have included six majority-minority districts where voters of color could effectively influence election outcomes.
Between the 2010 and 2020 censuses, the non-Hispanic white population in Nassau County decreased by 11%, while the Black, Latino, and Asian populations grew substantially, now making up nearly half of the county’s population and more than one-third of its eligible voters. Despite this demographic shift, Nassau County remains one of the most segregated counties in the country.
Nassau County had attempted to dismiss the lawsuit, arguing that the plaintiffs waited too long to file their complaint. After Justice Marx rejected this argument, the defendants claimed that the NYVRA was unconstitutional. They argued that the 14th Amendment’s Equal Protection Clause prohibits race-based redistricting unless there is a compelling governmental interest, and that the NYVRA’s provisions on vote dilution were overly broad, akin to affirmative action programs.
Justice Marx ruled in favor of the plaintiffs, stating, “The NYVRA does not confer benefits upon any individual and it does not guarantee successful outcomes to any individual or group. Instead, it seeks to provide equal opportunity in voting.”
The case proceeded to trial in late December and early January, during which Nassau County sought to have the case moved to federal court, claiming the plaintiffs’ use of Section 2 during trial made the matter a federal issue. A federal judge in Brooklyn denied this request, stating that Section 2 was not a new aspect of the plaintiffs’ argument.
On January 5, Nassau County filed a motion to disqualify Judge Marx, claiming he had made biased statements. However, Judge Marx denied the motion on January 6, and the trial continued.
Grossman praised the way Judge Marx handled the complex case, noting, “This was the first case resolved under the NYVRA and the first case involving a redistricting plan challenged under a state voting rights act anywhere in the United States. [Marx] dealt with a lot of interesting, novel issues.”
The settlement, reached on the final day of the trial, introduces a new map that the NYCLU describes as “politically fair,” in contrast to the previous map that heavily favored Republican candidates. The new map will be used in Nassau County Legislature elections until it is redrawn after the 2030 census.
“This historic settlement says it loud and clear: efforts to partisan gerrymander and to deny communities of color their constitutionally-protected power at the ballot box will not stand in New York,” said Grossman. “Using all the tools and protections we secured in the New York Voting Rights Act and the Municipal Home Rule Law, every voter in Nassau County will now have a fair, equal opportunity to make their voice heard. 2025 elections are around the corner and, with this settlement, Nassau voters will have a real chance to elect legislators who truly represent their interests.”
However, legal challenges to the NYVRA are ongoing. The law is currently being contested in the New York intermediate appellate court following a ruling by an Orange County judge that the law violated the 14th Amendment. Additionally, voters in Mount Pleasant and Cheektowaga are using the NYVRA to challenge at-large electoral systems they argue dilute the voting power of Black and Hispanic communities. Source: Democracy Docket
