Appellate court stays ruling that threw out state's redistricting maps

A midlevel state court on Monday put on a hold a lower-court ruling that had thrown out New York’s new election maps for Congress and the State Legislature as unconstitutional.

The temporary “stay,” issued by the Appellate Division of State Supreme Court in Western New York, does two major things. It keeps in place — for now — New York’s official 2022 political calendar, which mandates that candidates who want to run for Congress or state offices in the June primary turn in petitions by the end of Thursday.

Second, it sets the next stage for Thursday, where, at a hearing, Democrats will move for a permanent stay as a Republican-backed lawsuit winds through the legal system, which could take months. 

If a permanent stay is granted, it means this year’s primary and general election will proceed using maps approved by a Democratic-dominated State Legislature and Gov. Kathy Hochul and the earliest the lawsuit could force new elections with redrawn districts is 2024.

The maps were approved in January as part of a once-a-decade process of redistricting based on the latest U.S. Census. The new maps shifted the number of Democratic-leaning congressional districts in New York from 19 to 22 and decreased Republican ones from eight to four, analysts have said.

Citing those numbers, Republicans filed a lawsuit — in Steuben County, one of New York’s most Republican counties — to have the maps declared unconstitutionally gerrymandered.

Last week, Republican Judge Patrick McAllister agreed with the GOP and ordered the Legislature to draw up new maps by Friday and the state primary be moved to August.

The temporary stay issued Monday puts McAllister’s ruling on hold.

Attorney General Letitia James, who is representing Hochul and the Legislature, declined comment Monday. 

John Faso, a former Republican congressman and adviser on the lawsuit, called it a temporary setback.

"The temporary stay issued today clarifies that candidate petitions can be filed with the state and local boards of elections by Thursday, and the court made clear it would rule on the stay pending appeal on Thursday," Faso said. "While Democrats want to delay the judicial process so that they can run one election on these unconstitutional maps, we are confident the courts will see through that gambit and will order constitutional maps for the 2022 elections.”

By Yancey Roy

yancey.roy@newsday.com@yanceyroy