Court halts use of new district lines

A Nassau Supreme Court justice has temporarily stopped the local Board of Elections from using newly enacted lines for the county's 19 legislative districts in the November elections.

In an order Tuesday, Acting State Supreme Court Justice Steven Jaeger stopped election commissioners from using a Republican-sponsored plan to redraw county legislative districts. The Democrats had sought the temporary stay. Jaeger ordered both sides to file written arguments by June 14.

"We will appeal," said legislative Presiding Officer Peter Schmitt (R-Massapequa) whose redistricting proposal was enacted last week.

Jaeger, a registered Democrat, also refused a Republican request that he recuse himself from the case.

Democrats and many minorities had opposed the new lines, calling the move a political power grab designed to increase the GOP majority.

They noted that the plan would force four Democratic lawmakers into two districts, while taking some residents from heavily minority districts and placing them into predominantly white districts.

Schmitt, however, argues that his proposal should be enacted immediately because at least one district, in which minorities predominate, had exceeded a district's roughly 70,000 residents by more than 10,000 and therefore needed to be more evenly distributed.

Moreover, Schmitt said that under his plan, minorities have a chance to add to the two districts they now hold.

Jaeger had ordered in mid-May that the GOP plan not be put into effect for 2011 until he had time to study the merits of the Republicans' call for immediate action following the release of new census data.

Democrats called for a bipartisan commission to study the issue and make a recommendation to the legislature. Later in May, an Appellate Division justice stayed Jaeger's order.

The GOP-dominated legislature then approved the plan that County Executive Edward Mangano, a Republican, almost immediately signed into law.

In arguing for Jaeger to recuse himself, Schmitt said Jaeger and his law secretary had in the past legally represented Democrats and had made significant cash contributions to the Nassau Democratic Party as late as 2009.

"His actions raise the appearance of impropriety," Schmitt said.

Jaeger didn't deny the campaign contributions. However, he said, "nothing [suggests] that the court is unable to apply the law impartially and to discharge its duties and responsibilities without fear or favor towards any party."