Court upholds new Nassau GOP district lines

A state appeals court Thursday upheld new boundaries approved by Nassau Republican lawmakers for the county's 19 legislative districts, potentially leaving one district without a Democratic candidate this fall.

In a 3-2 decision, an appellate panel in the 2nd Judicial Department rejected Democrats' arguments that the redistricting by the legislature's Republican majority this spring violated county charter requirements for a lengthy bipartisan process.

Democrats said they will appeal to the state's highest court, the Court of Appeals, which is expected to hear arguments Aug. 24.

The decision Thursday calls for the new lines to be in effect for the Sept. 13 primary and the Nov. 2 general election. If upheld, that would mean the new 19th district along Nassau's western border could have no Democratic candidate because the party did not collect nominating petitions based on the new lines.

However, both sides in the case predicted the court would probably make some provision for Democrats to be represented there, if only through a write-in campaign.

"It's a great decision," Nassau Republican chairman Joseph Mondello. "The new lines, in my opinion, are much more fair and equitable than the lines they were running in before. I think it gives our candidates a little bit of a leg up."

He noted that Republicans collected nominating petitions under the new and old lines.

"I think the decision that was made by Democrats, not to pass petitions in those [new] districts, was in error," Mondello said. "You don't take chances in cases like this."

Democratic chairman Jay Jacobs said he has "no regrets."

"People need to realize this is a raw political power grab that is illegal. It was illegal before the appellate court ruled and is illegal now," Jacobs said. "I am hopeful that the Court of Appeals will use its best judgment and recognize the actions of the legislature was in violation of our charter and state law."

Lawyers in the case said the original four-judge appellate panel that heard arguments two weeks ago deadlocked 2-2. A fifth judge was brought in to break the deadlock -- Democrat Reinaldo Rivera of Brooklyn, who was appointed to the appellate court by former Gov. George Pataki, a Republican. He joined with two Republican judges to put the new lines into effect.

In April, County Attorney John Ciampoli interpreted the charter as requiring redistricting this year. At the request of legislative Presiding Officer Peter Schmitt (R-Massapequa), Ciampoli submitted a new legislative map April 25. It created a new minority 19th district and put four incumbent Democrats into two other districts. The GOP majority adopted the new lines in May.

Democrats argued that other charter provisions call for a yearlong, three-step reapportionment process that includes a bipartisan redistricting commission and public hearings, with new lines effective in 2013.

The appellate panel majority Thursday sided with Ciampoli. They wrote that there are no requirements for the new lines to "be held in abeyance until the completion of the steps described" in the charter sections the Democrats cited.