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Judge orders state commission to redraw Staten Island and Brooklyn congressional district

A map of New York's 11th Congressional District
Congress.gov
A judge has ordered the redrawing of New York's 11th Congressional District.

A state judge in Manhattan ruled Wednesday that the boundaries of one of New York City’s U.S. House districts are unconstitutional, potentially kicking off a process in which a state panel redraws the state’s congressional map.

State Supreme Court Justice Jeffrey Pearlman sided with Democratic lawyers who said the lines of U.S. Rep. Nicole Malliotakis’ district unlawfully diluted the voices of Black and Latino voters in Staten Island.

He ordered the New York Independent Redistricting Commission to redraw the district boundary lines by Feb. 6. He also barred any election from taking effect until the lines are redrawn.

The 11th Congressional District currently encompasses Staten Island and parts of southern Brooklyn. The plaintiffs in the case are voters from Staten Island and Lower Manhattan, part of the nearby 10th Congressional District, who have said they’ve been disenfranchised. They are represented in the case by the law firm of Marc Elias, who has brought election and redistricting cases on behalf of Democrats around the country.

Other groups, including the NAACP New York State Conference, joined the case. Chris Alexander, the organization’s executive director, said the ruling was a victory for fair representation.

“This decision affirms what the New York Constitution requires: district lines cannot be drawn in a way that locks communities out of political power,” Alexander said. “We urge the Independent Redistricting Commission to act swiftly to deliver a map that reflects Staten Island’s lived reality and gives every voter a fair chance to be heard.”

Republicans, including Malliotakis, sought to dismiss the case. They argue that the current map was drawn by a prescribed process and subject to multiple rounds of litigation.

In a statement, Malliotakis said she was reviewing the judge’s decision and considering what options would “protect the voices of people of Staten Island and Brooklyn.”

“Nothing changes the fact that this is a frivolous attempt by Washington Democrats to steal this congressional seat from the people and we are very confident that we will prevail at the end of the day,” Malliotakis said.

The ruling comes against a national backdrop of mid-decade redistricting by both Republican and Democrat-controlled states. President Donald Trump and his allies have urged state lawmakers to redraw their lines to give GOP candidates an advantage in the upcoming midterm elections. Democrats have responded in kind.

“This entire exercise is a cynical attempt to enact an illegal partisan gerrymander under the guise of a voting rights case,” NYGOP Chairman Ed Cox said.

But New York doesn’t allow for mid-decade redistricting. Political observers have said the case is the first step toward reopening the process.

“This decision will now result in a race to the appellate courts to prevent this decision from going into effect and preventing the Democrats from winning an additional seat in New York as part of the national redistricting wars,” said Jeff Wice, director of the New York Elections, Census, and Redistricting Institute at New York Law School.

Wice said it was unclear whether the state commission would be able to meet the court’s deadline. There is currently one vacancy on the commission, which is made up of an even number of Democrats and Republicans appointed by state legislative leaders.

Staff from the commission did not respond to a request for comment.

Pearlman heard evidence concerning the patterns of racial settlement on Staten Island and also reviewed recent campaign materials.

“It is clear to the Court that the current district lines of CD-11 are a contributing factor in the lack of representation for minority voters,” he wrote in an 18-page order. “In state and local races, Staten Island is allowed to be divided in a way that has enabled Black and Latino voters to show some political power, however insufficient.”

Pearlman continued, “It is evident that without adding Black and Latino voters from elsewhere, those voters already affected by race discrimination will remain a diluted population indefinitely.”

The plaintiffs proposed uniting Staten Island with parts of Lower Manhattan, eating into the 10th District – a Manhattan-Brooklyn seat now held by U.S. Rep. Dan Goldman, a Democrat. He’s vying for the Democratic nomination against former Comptroller Brad Lander, a contest that could be avoided if the lines shift.

Lander said in a statement that he supported efforts to protect minority voters and said he would monitor any new lines that are drawn.

A spokesman for Goldman did not immediately respond to a request for comment. He previously said he would challenge Malliotakis if he were drawn into her district.

Goldman said in a statement that his top priority is to retake the majority in the House.

“I’m proud to represent my constituents in my current district and am focused on running for reelection.”

He has previously said he would challenge Malliotakis if he were drawn into her district.

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Jimmy Vielkind covers how state government and politics affect people throughout New York. He has covered Albany since 2008, most recently as a reporter for The Wall Street Journal.