The state Appellate Division, First Department cleared the way on Thursday for the New York State Board of Election to begin reconfiguring U.S. Rep. Nicole Malliotakis’ Congressional district.
The decision comes a week after lawyers for Malliotakis — New York City’s only Republican member of Congress — asked the U.S. Supreme Court to intervene in the order to reconfigure her district — a process that would most likely be unfavorable to her midterm reelection campaign. In her legal effort to stop the redistricting, Mallitokais also filed an appeal in state court.
As that appeal worked its way through the court system, the actual work of redrawing the map was automatically paused. The First Department’s ruling Thursday lifted the stay on that process, which could compel the state’s Independent Redistricting Commission to begin meeting to work on a map.
In their filing to the U.S. Supreme Court, Malliotakis’ attorneys argued that the state courts will be too slow to respond before the formal start of this year’s primary process on Feb. 24, and would cause “irreparable harm.”
A GOP spokesperson said that Malliotakis is not “at present” attempting to take the matter before the New York Court of Appeals.
“The matter now lies with the U.S. Supreme Court,” wrote NYGOP Chair Ed Cox about the decision. “As expected, the First Department of the Appellate Division has refused to issue a stay regarding the NY-11 litigation. This is no surprise given how Governor Hochul and Albany Democrats have thoroughly politicized New York’s courts.”
In light of the decision, Hochul urged the bi-partisan redistricting commission to get to work on redrawing the area’s maps.
“The New York State Constitution guarantees the principles of fair representation, and New Yorkers in every community deserve these protections,” Hochul said in a statement.
This is a developing story, check back for updates.
