Judge rules GOP plan no good for 2011

Supreme Court Justice Steven M. Jaeger ruled on July 21 that the Nassau County redistricting plan — which was crafted by the county attorney’s office at the suggestion of Peter Schmitt, a Republican who represents the 12th Legislative District — does not apply to the 2011 election. Jaeger went on to say that 2013 would be the earliest the Nassau redistricting plan could be put into use. 

    “There is no basis in the Nassau County Charter itself, the legislative intent, the legislative history, or the established past practice of the legislature to immediately adjust the 19 county legislative districts for the 2011 general election,” Jaeger wrote in his ruling. He added that although the adoption of the plan is in accord with the Nassau County Charter, it did not follow the appropriate format.
    Section 112 of the charter, Jaeger explained, requires that district lines be “described” by the Legislature within six months after the receiving data from the U.S. Census — not redrawn, as Republicans contend. According to Jaeger’s ruling, the charter requires the redistricting process to begin in 2012 and end in 2013, in time for the 2013 election — which Democrats have long argued. The charter requires legislative districts to be redrawn every 10 years, and the last map was drawn in 2003.
    Schmitt said he believed that immediate redistricting was required because the current population deviation –– the difference between the least and most populous districts –– stands at 22.7 percent, which he believes violates the U.S. Constitution’s equal-protection clause.
    Democrats, however, have speculated that the GOP plan was established hastily, in order to benefit Republican candidates in the upcoming election.

    In his ruling, Jaeger said that although legislative reapportionment is primarily a matter for legislative action, “equitable relief” is sometimes appropriate when a county or county legislature violates its charter.
    On May 31, six days after the GOP redistricting plan was approved, Jaeger signed a temporary restraining order barring Nassau County Executive Ed Mangano, the County Board of Elections and the County Legislature from adopting the plan until the case was heard in court.
    Jaeger had signed a restraining order in April, effectively barring the Legislature from voting on the redistricting plan, but after an appellate judge overturned the decision, the Legislature voted 10-8 to approve it. Ten Republicans voted for the plan, and seven Democrats voted against it. Legislator Denise Ford, a Republican from Long Beach, was the only GOP representative who voted against the measure.
    The plan drew sharp criticism from many Democrats, who contend that it represented an unlawful power grab by the GOP majority. At a May 9 hearing on the proposal, members of the county’s African-American community said it would dilute the minority vote and potentially violate the Voting Rights Act of 1965.
    Carrié Solages, of Elmont, said he believes that Jaeger’s decision was a victory for the county.
    “This means that we have a chance on Election Day of this year to determine what the future of Nassau County will look like,” Solages said. “If we vote for those who supported these unlawful lines, then the lines will stay in effect come 2013. If we vote for a change, then we can redirect our own future and allow a community to vote for a candidate of their choice, and not be split in ways that go against the natural growth of the community … [T]his decision makes the Nov. 8 vote even more important.”
    Solages added that the Republican push to enforce the new plan in several courts cost hefty litigation fees, which burdened taxpayers.
    New York State and Nassau County Democratic Chairman Jay Jacobs said he was thankful for Jaeger’s ability to see through Republicans’ “blatant power grab,” and that the ruling has ensured a fair fight for both parties in the upcoming election.
    “It’s a good time to be a Democrat in Nassau County,” Jacobs said. “But this decision is more than a political victory for us. This is a victory for the Five Towns. This is a victory for Hempstead and Elmont. This is a victory for voters countywide.”
    Republicans say they plan to appeal Jaeger’s ruling. “We are pleased that the new district lines and process have been validated by the court,” Schmitt said, “but will appeal that part of the decision which delays its implementation.”
    County Attorney John Ciampoli said that his office is still reviewing Jaeger’s decision, but he believes that it is a misinterpretation of the county charter. Ciampoli added that his office is currently considering the appropriate action to take going forward.
    “We are pleased that the court upheld the law and its adoption by the Legislature,” Ciampoli said. “The court has, however, misinterpreted the county charter in delaying the implementation of the adjusted lines  … [T]he court has not recognized the fact that this plan will cure violations of the constitutional principle of ‘one person one vote,’ which has several districts across the county under-represented in the Legislature. Further, the court has done a great disservice to the residents of the western part of Nassau County by denying them the new minority-majority district, which the Legislature provided for in the new plan.”

To read Jaeger's entire ruling, see attached. 

Comments about this story? JNash@liherald.com or (516) 569-4000 ext. 214.