State leaders stand ready for a redistricting rumble

Assembly Speaker Carl Heastie struck up a defiant tone when questioned about an aggressive new constitutional amendment that would enable state lawmakers to engage in mid-decade and partisan redistricting. He wasn’t alone.

Legislators introduced a fresh amendment overnight Monday after weeks of anticipation that would change the state constitution and enable New York to engage in the redistricting fights roiling the nation ahead of the next census – or at least in a year-and-a-half, as the amendment can’t go before voters until next November at the earliest.

The aggressive proposal would keep the state’s Independent Redistricting Commission in place, but streamlines the process that would enable the Democratic legislative majority to act should the bipartisan commission fail to agree on single versions of state legislative and congressional maps. The amendment would also reduce the legislative vote total necessary to approve new lines from a supermajority to a simple majority. And most notably, it would remove prohibitions on gerrymandering to favor one party or candidate over another.

Heastie told reporters on Tuesday that if New Yorkers do approve the amendment, he’s ready to go toe-to-toe with Republicans in the gerrymandering game. “I think this thing about asking New York to play fair while everybody else is playing ruthless – I think it's not right to ask us this,” he said. 

Does that mean he’s willing not to play fair? “I’m going to play fair based on how other people play,” Heastie said, referring to recent Supreme Court decisions to weaken the Civil Rights-era Voting Rights Act. The landmark decision enabled Republicans in other states to engage in extreme partisan redistricting to bulk up GOP numbers in the House at the expense of diluting Black voting power. 

Heastie’s partner in the upper chamber, state Senate Majority Leader Andrea Stewart-Cousins, expressed her readiness for a fight as well. “We cannot ignore the reality that Republicans have repeatedly sought to undermine democracy through various attempts to gain political advantage,” she said in a statement. “At a time when democracy is under attack across the country, we have a responsibility to protect all voters including the minority communities and ensure that every New Yorker continues to have a voice.”

State Senate Deputy Majority Leader Mike Gianaris told City & State on Tuesday that lawmakers could debate and vote on the measure as soon as Wednesday. Unlike bills, resolutions such as a constitutional amendment do not need to age for three days before they can be voted on, so lawmakers can act on that slightly sooner than on other items introduced Monday evening.

U.S. House Minority Leader Hakeem Jeffries has been at the forefront of the push for Democrats to retaliate against Republicans who’ve attempted to redraw their maps in other states, like North Carolina and Texas – sparking a partisan race to gerrymander and secure a critical edge in the fight for House control. Jeffries defended the proposed amendment that state lawmakers expect to pass.

“Democrats promised a forceful, ongoing and multi-state response to Republican efforts to gerrymander the national congressional map and rig House elections,” Jeffries said in a statement. “New York state just delivered a powerful one.” He thanked the legislative leaders and Rep. Joe Morelle for pushing the issue in Albany.

Jeffries also promised this amendment is “just the beginning” of Democrats’ plans to combat Republicans in the redistricting battle. “The Empire State will strike back,” he said.

Republicans in the state held a joint press conference in the Capitol on Monday with Rep. Mike Lawler, excoriating Democrats for the party’s blatant efforts to gerrymander future maps. The GOP blames Democrats for first reopening the redistricting process with a constitutional amendment that voters rejected in 2021. 

“This fight was started here,” Assembly Minority Leader Ra said. He added later, “Whatever they bring out is about making New York less competitive in our congressional elections so they can squeeze (out) as many Democratic representatives as they possibly can, and that’s wrong for New Yorkers, and it should be rejected by New Yorkers. And we’re going to be calling that out all the way through next year where we’re going to defeat it at the ballot box.”

Constitutional amendments require passage in two consecutive legislative sessions, so an approval this year would just be the first step. A new class of lawmakers next year will need to pass it again, before it heads to voters for final approval next November at the earliest. 

The amendment process excludes the governor, who has no formal part in changing the state constitution. But Gov. Kathy Hochul still signaled her strong support for the measure in a post on X Tuesday morning. “This amendment will give New Yorkers the power to fight back against attempts by Donald Trump and his allies to rig our elections,” she wrote. “I’m proud to stand with the Legislature in this fight.”