Judge delays Nassau redistricting

A Republican plan to redraw the lines of Nassau's 19 legislative districts cannot go into effect this year and must wait until 2013, a State Supreme Court justice ruled Thursday.

Under a law enacted in May, the new district lines would be in effect for the November elections.

But in his decision, acting Supreme Court Justice Steven Jaeger concluded "that there is no basis in the Nassau County Charter itself, the legislative intent, the legislative history, or the established past practice of the legislature to immediately adjust the 19 county legislative districts for the 2011 general election."

The charter requires a "3-step redistricting process to take place over the course of many months for implementation in 2013," Jaeger said.

Republicans said they would appeal.

The GOP-controlled legislature voted 10-8 for the redistricting plan that Republicans said the county charter requires but that Democrats decried as a power grab. Democratic members of the legislature filed suit to, among other things, prevent the law from going into effect before 2013. The last redistricting occurred in 2003.

"I think the judge carefully studied the law and reached the right conclusion -- in fact the only possible conclusion," said the Democrats' lawyer, Steven Schlesinger.

Presiding Officer Peter Schmitt (R-Massapequa) sponsored the legislation, which was drawn up by County Attorney John Ciampoli. "We are pleased that the new district lines and process have been validated by the court but will appeal that part of the decision which delays its implementation," Schmitt said yesterday.

Schlesinger disagreed, saying Jaeger only ruled that lawmakers had a right to draw the lines now.

In proposing the new lines, Schmitt had cited a legal opinion by Ciampoli that the county charter requires the legislature to approve a new reapportionment plan within eight months of the release of the new U.S. Census. The census was made public April 1.

Democrats and representatives of minorities opposed the new lines, saying they were drawn to increase the current 11-8 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.