Category Archives: Courts

NY Overreach = GOP Majority

CNN’s New York state redistricting map (more coverage on CNN)

By Jim Ellis — Nov. 22, 2022

House

New York State: Redistricting — There is an argument to be made that the New York Democratic redistricting brain trust helped create the new Republican US House majority. With their over-reach on the original map that the legislature and governor enacted, the end result became so egregious that even the Democratic lower and upper courts rejected the congressional map as a pure partisan gerrymander.

The original enacted plan would have yielded a 22D-4R partisan split in the NY congressional delegation of 26 members, thus costing the Republicans four of the eight Empire State seats they control in the current Congress.

Once the votes were cast on Nov. 8 in the districts that the judges’ special master drew to replace the legislature’s plan, the end result saw Republicans not losing four seats but rather gaining three in relation to the current map and seven when compared to the Democrats’ original draw.

Therefore, instead of the intended 22D-4R plan, the New York delegation now headed to Washington is comprised of 15 Democrats and 11 Republicans. With a small Republican majority of what ultimately may be 220-222 seats once the outstanding California and Alaska races are finally projected, the NY swing is arguably the difference in determining which party controls the House.

The Democrats’ map would have reduced the Republicans to just one seat on Long Island, taken the lone district they have in New York City, turned the GOP’s Syracuse seat strongly Democratic, and collapsed the southwestern Upstate seat of resigned Rep. Tom Reed (R) as the lost district in national reapportionment.

You will remember that New York lost a congressional seat by just 89 people when the Census Bureau announced each state’s congressional district compilation under the national reapportionment formula.

After striking down the legislature’s map and replacing it with their own special master’s plan, the court in effect restored much of New York to its historic congressional district pattern.

Under the legislature’s plan, Long Island’s 1st District (Rep. Lee Zeldin) was drawn from the far eastern part of Suffolk County all the way into Queens. This led to stashing a preponderance of the region’s Republican voters in Rep. Andrew Garbarino’s (R-Sayville) South Shore 2nd District. The concept then allowed the map architects to make Districts 3 and 4, both open in 2022 with Reps. Tom Suozzi (D-Glen Cove) running unsuccessfully for governor and Kathleen Rice (D-Garden City) retiring, safely Democratic. The court undid this design.

Now, the 1st District returns to a Suffolk County anchored seat, a CD that Republican Nick LaLota, a former local official and Navy veteran, won to succeed Rep. Zeldin. Rep. Garbarino is back but with a less Republican South Shore seat, which then created a marginal North Shore District 3 seat that Republican George Santos won 54-46 percent in a domain that the FiveThirtyEight data organization rates D+4.

The biggest surprise in New York, and perhaps the country, came in Rep. Rice’s open 4th CD, where Republican Anthony D’Esposito defeated heavily favored Democrat Laura Gillen, 52-48 percent, in a district that actually became more Democratic under the court map at D+10.

The other Republican gains came in the Hudson Valley, where state Assemblyman Mike Lawler (R-South Salem) upset Democratic Congressional Campaign Committee (DCCC) chairman Sean Patrick Maloney (D-Cold Spring) in a D+7 District 17, and Dutchess County Executive Marc Molinaro (R) rebounded from a special congressional election loss in August to claim a 51-49 percent win in a new 19th District rated as R+1.

In the 18th District, state Assemblyman Colin Schmitt (R) came within a percentage point of sweeping the Hudson Valley seats for the GOP, but Rep. Pat Ryan (D-Gardiner) held onto the 18th CD seat after he had won the 19th District special election three months earlier.

The Republican victory string ended with tech executive Brandon Williams (R) defeating former intelligence officer Francis Conole (D) by a percentage point to hold the open Syracuse seat, and former New York Republican Party Nick Langworthy easily won the new 23rd District from which Rep. Reed resigned and Rep. Joe Sempolinski (R-Canisteo) is serving as a caretaker.

The New York 2022 election cycle illustrates just how important map drawing and judicial decisions are in determining US House elections. The New York courts, for example, created a much more competitive political playing field, which certainly led to different results than we would have seen under the legislature’s partisan draw.

Considering that the US Supreme Court is likely to make landmark Voting Rights Act rulings on the Alabama and North Carolina cases before June ends next year, we will likely see new redistricting maps being drawn in several states, and New York could be one of those places. Any newly constructed map would take effect in the 2024 election. A major Supreme Court decision will add yet another dimension to what already promises to be another hot House campaign cycle coming in the new term.

SCOTUS Rules; Calif. Recall Scheduled

Current US Supreme Court

By Jim Ellis

July 6, 2021 — On their last day of the year’s early session last week, a Thursday, the Supreme Court of the United States issued rulings on the Arizona voting rights case and the California non-profit organization disclosure lawsuit.

In the Democratic National Committee v. Brnovich, the Supreme Court with Justice Samuel Alito writing for the 6-3 majority, ruled that the state of Arizona did not infringe upon minority voting rights or violate Section 2 of the Voting Rights Act in both prohibiting ballot harvesting with certain exceptions, and not counting provisional ballots cast from voters who do not reside in the particular precinct that the polling place covers.

The high court agreed with Arizona Attorney General Mark Brnovich’s (R) arguments that the laws are not racially motivated, nor do they intentionally discriminate against certain segments of the voting population, thus overturning the full 9th Circuit Court of Appeals ruling.

Originally in 2016, Brnovich won at the district court level and on the first appeal to a three-judge panel from the 9th Circuit. The DNC requested an en banc review of the original appellate ruling that agreed with Brnovich, and the entire 9th Circuit membership overturned the decision, siding with the plaintiff. At that point, AG Brnovich petitioned the Supreme Court, which agreed to hear the case. (Hearing cases en banc allows the full circuit court to overturn a decision reached by a three–judge panel. Due to the decreasing probability of U.S. Supreme Court intervention, the circuit court is often the court of last resort in the ordinary life of a case, thereby amplifying the importance of en banc review.)

In his ruling, Justice Alito stated that “every voting rule imposes a burden of some sort,” and that “mere inconvenience cannot be enough to demonstrate a violation of Section 2.” He also cautioned that, “what are at bottom very small differences should not be artificially magnified.”

While agreeing that holding free and open elections is a “valid and important state interest,” he also addressed the voter fraud argument, clearly stating that attempting to prevent such abuses is also a “strong and entirely legitimate state interest.”

In her article discussing these rulings, Supreme Court expert Amy Howe, in her Howe on the Court article that was published on the SCOTUS blog, offered that the Brnovich ruling “will make it more difficult to contest election regulations under the Voting Rights Act,” and thus likely means fewer voting rights cases coming through the courts. She further categorized this decision as a “major ruling.”

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Three Events Mark The Most Significant Day in 2022 Election Cycle

By Jim Ellis

Feb. 10, 2021 — Three major events affecting the election process occurred Monday, making it possibly the most significant day to this point in the 2022 election cycle.

NY-22

Rep. Anthony Brindisi (D-Utica) conceded a tight election Monday after former US Rep. Claudia Tenney (R) was certified as the NY-22 winner by 109 votes.

From New York, and rather surprisingly, former Rep. Anthony Brindisi (D-Utica) conceded the last remaining uncalled 2020 election late Monday afternoon. The move was unexpected because he had filed several appeals to State Supreme Court of Oswego County Justice Scott DelConte’s rulings concerning more than 500 ballots that were either added to the aggregate count or voided.

On Friday last week, Justice DelConte’s ordered the counties that comprise the 22nd District to send their final vote counts to the state Board of Elections for final certification. The districtwide total gave former Rep. Claudia Tenney (R) a 109-vote victory margin.

Brindisi was not shy in bashing the local election officials as part of his concession, however. The election administration in seven of the district’s eight counties were often criticized as part of the almost three-month long court proceeding with Justice DelConte even going so far as saying that the officials on several occasions either ignored or outright violated New York election law in their handling, counting, and reporting of the votes.

Oneida County, the district’s largest, came under the heaviest criticism when it was discovered that 2,418 people had fully complied with the registration process, but their documents were never converted into official voter registration status. As a result, these individuals were barred from participating in the 2020 election.

Brindisi stated that, “sadly, we may never know how many legal voters were turned away at the polls or ballots not counted due to the ineptitude of the boards of election, especially in Oneida County.” He said he was conceding because the New York Upstate region needs to “move on” after such a long post-election contestation period.

It is presumed that that state Board of Elections’ commissioners will shortly certify the election and that Tenney will then be sworn into the House for the current term. Continue reading →

SCOTUS: The Effect of Replacing Late Supreme Court Justice Ruth Bader Ginsburg On The 35 Senate Races

By Jim Ellis

Late Supreme Court Justice Ruth Bader Ginsburg

Sept. 22, 2020 — A secondary question surrounding the replacement process for the late Supreme Court Justice Ruth Bader Ginsburg is how will the confirmation fight over the next judicial nominee resonate in the 35 Senate races?

In the 18 campaigns that appear non-competitive (9D; 8R) – for example, in Illinois (Sen. Dick Durbin-D), Rhode Island (Sen. Jack Reed-D), Arkansas (Sen. Tom Cotton-R), and Idaho (Sen. Jim Risch-R) to name a representative quartet – the Supreme Court battle will have little influence over the Senate outcome since those situations are virtually decided.

If the individual campaigns play the issue correctly, however, the Supreme Court vacancy development could be a boon to most competitive Republican incumbents and candidates in traditionally conservative states that are moving closer to the political center.

Democratic challengers in the more conservative states could have trouble because the issue matrix likely to be discussed through the nomination and confirmation process should activate the more conservative voting base. This is likely the case in the key competitive southern domains (AL, GA, NC), and in the Midwest and Rocky Mountain states, particularly in Iowa, the Kansas open seat, and for the Montana duel, in addition to the far west campaign in Alaska.

Perhaps the senator in the worst confirmation question situation, and one who can ill afford to be embroiled in such a predicament, is Maine Sen. Susan Collins (R). Already trailing in polling to state House Speaker Sara Gideon, Sen. Collins’ immediate call to postpone the process, and what will likely lead to a vote against the motion to proceed, will likely cost her conservative votes that she badly needs.

Her position to postpone has likely angered many who comprise the conservative base and gained her nothing with the Independents and soft Democrats that she desperately needs to close the gap between she and Gideon.

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Pennsylvania Voting Rules

By Jim Ellis

Sept. 21, 2020 — Pennsylvania’s Democratic controlled Supreme Court changed their state election procedures late last week in a series of rulings on a lawsuit that the Pennsylvania Secretary of State and PA Democratic Party previously filed.

Under the new process, receiving votes after the election is allowed if “no evidence exists” that the ballot was mailed after Election Day, Nov. 3. The deadline for ballot acceptance now moves from 8 pm on Election Day to 5 pm, Friday, Nov. 6. Pennsylvania becomes the 17th state to allow post-election reception for this 2020 election. The ruling increases the chances that we will not have a winner declared on election night.

Additionally, three other rulings will allow drop boxes to be used as ballot receptacles in the various counties, affirmed that poll watchers can only serve in their own county of residence, and Green Party candidate Howie Hawkins’ name was removed from the ballot. The court did not grant the lawsuit motion to allow ballot harvesting, which would permit third parties to deliver ballots to the authorities or ballot drop boxes.

The drop boxes will be placed in various locations around a county and voters can deposit their ballots without using the postal service to transfer their vote to the county election authorities. Hawkins’ name was removed from the ballot because the court said he “failed to comply with the Election Code’s strict mandate” and the attempts to fix the problem “did not suffice to cure that error,” but the specifics were not addressed.

With the large number of absentee ballots expected here and in other states, the trend toward allowing post-election reception, and the laws that some states, like Pennsylvania, have to control when the mail ballots can be counted, makes it less likely that we will see a definitive presidential campaign result on Nov. 3. The same will be true for certain US Senate and House races.

Of the 17 states, now including Pennsylvania, that are allowing post-election ballot reception, seven appear competitive. The others, Alaska, California, Kansas, Massachusetts, Mississippi, New Jersey, Utah, Virginia, Washington, and West Virginia will likely declare a clear winner relatively early in the counting period.

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Florida Supreme Court: CDs Unconstitutional

July 13, 2015 — Issuing a long-awaited decision late last week, the Florida State Supreme Court on a 5-2 vote, featuring a lengthy and powerful dissent from Associate Justice and former Congressman Charles Canady (R), declared eight congressional districts illegal under the Florida Constitution in reference to the voter-passed redistricting initiative. The 2010 citizen sponsored measure put partisan restrictions on legislative map drawers, and it is under these provisions that the court took its action.

For the short-term, it means that representatives Corrine Brown (D-FL-5), David Jolly (R-FL-13), Kathy Castor (D-FL-14), Ted Deutch (D-FL-21), Lois Frankel (D-FL-22), Mario Diaz-Balart (R-FL-25), Carlos Curbelo (R-FL-26), and Ileana Ros-Lehtinen (R-FL-27) will soon have their districts reconstructed and before the 2016 election.

The ruling will force the legislature to convene in special session to redraw significant portions of the map. Though the court singled out these eight districts, the entire state map could conceivably be affected. Certainly the districts that lie adjacent to the seats in question stand a good chance of changing, particularly in the urban areas where multiple districts converge at a single point like in Orlando. By definition, if one district is altered, at least one other bordering seat must also change.
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Trump In; Sanders Scoring

June 18, 2015 — As promised, international businessman Donald Trump, claiming his personal wealth will reach $10 billion, announced his candidacy for the Republican nomination before what he claimed were thousands of people at his palatial Trump Towers in New York City. The media estimated the in-room audience to be less than 1,000. The Trump spokesperson claimed others were listening throughout the building and watching the television presentation on the streets below.

Trump is not expected to be particularly competitive. Consistently, his favorability numbers are the worst of any Republican candidate by a large margin; in some polls his negatives triple his positive rating.

Trump saying that he will be “ … the greatest jobs president that God ever created,” and that he doesn’t “…need anybody’s money. It’s nice. I don’t need anybody’s money. I’m using my own money. I’m not using the lobbyists. I’m not using donors. I don’t care. I’m really rich, I’ll show you that in a second. And by the way, I’m not even saying that in a braggadocio … that’s the kind that’s the kind of thinking you need for this country.”
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