Nassau Republicans seek district redraw

A year earlier than expected, Nassau Republicans are moving to redraw the county legislature's district boundaries in preparation for the November elections, prompting threats of legal action by surprised Democrats.

Presiding Officer Peter Schmitt (R-Massapequa) said Friday his legal counsel had found a provision in the county charter that says the legislature "shall" reapportion the 19 legislative districts within six months of the release of the U.S. Census, made public this year on April 1.

But Democrats charge that Schmitt is trying to redraw the lines early to help Republicans maintain a majority on the county legislature, which flipped to the GOP last year after 10 years of Democratic control.

"The fact is he's trying to steal the election by changing the rules of the game," said Nassau Democratic chairman Jay Jacobs. The charter calls for the legislature to appoint a redistricting commission and hold public hearings -- which will be impossible to do by June 7, when November candidates start circulating nominating petitions, Jacobs said.

"I promise you if he pursues this, we will go to court and the court of public opinion," Jacobs said.

Schmitt acknowledged an apparent conflict in the charter. Another clause calls for reapportionment 10 years after legislative districts were last redrawn. That last occurred in 2002 in preparation for the 2003 elections.

Schmitt said he has asked for an opinion from County Attorney John Ciampoli, a former Republican election lawyer.

"If the county attorney tells me to move forward, I will move forward," Schmitt said. "I fully expect the Democrats to challenge me in court. I would welcome a court's interpretation."

Ciampoli said he has "looked at this for a while . . . [and] it's clear to me that the framers of the charter put in place a three-step process" calling for the county legislature to adopt a preliminary plan that would be in effect for this year's elections. Then the redistricting commission would make its recommendations next year, and the legislature would adopt a final plan for the 2013 elections.

Ciampoli said districts are all supposed to be of about the same size. But the new census shows that the 2nd Legislative District, now represented by Democrat Robert Troiano of Westbury, has too many people.

"We have a district that is overpopulated so therefore the people in that district, a minority district, on the merits are underrepresented," Ciampoli said. "I am concerned as county attorney that minority populations are being disenfranchised."

Troiano was unavailable for comment.

Democrats say they are worried that Republicans may try to introduce and vote on new lines during a meeting of the county legislature Monday. Schmitt aide Ed Ward denied it.

Legis. Judy Jacobs (D-Woodbury), who was presiding officer during the last redistricting, said in a letter to Schmitt on Friday that "any attempt to redraw the lines of our 19 legislative districts this year would be premature and would constitute a violation of the charter and the established past precedent of this legislature."