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| September 29, 2026 |
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| New York Election Law News This week:-Election Law Litigation Deadlines-Brooklyn Democrats’ Leadership Fight Continues in Appellate Division-Webinar on New York Voting Rights Act-Attorney General’s Preclearance Activity-Test Census Raises Concerns-Around the Nation (From Redistricting Network) |
| ELECTIONS |
| Second Department Decision Reaffirms New York Election Law’s Strict Time Limits for Litigation By: Joseph T. Burns In a September 14, 2026, decision, the New York State Appellate Division, Second Department, reaffirmed the strict and unforgiving time limits for commencing election litigation under Article 16 of the Election Law. The appeal decided by the Second Department concerned a proceeding to validate a designating petition for a candidate for the party position of member of the Republican county committee in Suffolk County. This party position was to be elected at the June 24, 2025, primary election. The candidate’s designating petition was invalidated by the Suffolk County Board of Elections on April 17, 2025. It wasn’t until August 17, 2025, however, that the candidate commenced a judicial proceeding to validate her designating petition. Proceedings to validate a designating petition are governed by Election Law Section 16-102 and must be commenced within the very short time constraints found in that section of law. To institute a proceeding to validate a designating petition, a candidate has only fourteen days from the last day to file his or her designating petition or three business days from the time a board of elections invalidates the designating petition, whichever is later. The candidate in this proceeding styled it as a hybrid Election Law Article 16 and CPLR Article 78 proceeding. But because this is a proceeding to validate a designating petition, the candidate was required to commence this proceeding within the time permitted by Election Law Article 16 and not the more generous time limits of CPLR Article 78. The Second Department also noted that even if the board of elections did not notify the candidate of her petition’s invalidation within the time required by the Election Law, the candidate would have become aware of the invalidation before primary day. The proceeding, however, was not even commenced until almost two months after primary day. This also was not within the time permitted under Election Law Section 16-102 to challenge the outcome of a primary election. The time limitations for Election Law proceedings under Article 16 are some of the shortest in all of New York law. Many election cases never reach a hearing on the merits because a petitioner fails to comply with the time constraints of Article 16. While this Second Department decision concerned the time limits on a proceeding to validate a designating petition, these strict time limitations also impact other types of election cases. For instance, Election Law Section 16-106 addresses judicial proceedings on challenges to the casting and canvassing of votes. Under this section, the time allowed for challenging a board of elections’ decision to not canvass an absentee or early mail ballot is only twenty days from the election or from the time the board of elections made its decision. With the 2026 election right around the corner, candidates, consultants, and party leaders will want to be cognizant of all of the time limitations contained in this section of the Election Law.The Second Department’s recent decision provides an important reminder that Election Law disputes that are likely to lead to litigation require immediate attention. The deadlines governing Election Law Article 16 proceedings are often measured in days, not weeks or months, and the failure to commence a proceeding within the limited time allowed by the statute will almost certainly leave a court no choice but to dismiss the proceeding. Candidates, campaign staff, consultants, and party leaders should consult counsel before an issue arises so that applicable deadlines can be identified and available remedies preserved. Joseph T. Burns is a partner in the Holtzman Vogel law firm’s New York office. https://www.holtzmanvogel.com/professionals/joseph-t-burns |
| ELECTION LITIGATION |
| Brooklyn Democratic Leadership Fight Continues in State Appellate Division Courtroom Brooklyn Democratic Party: Julio Pena III et al v. Rodneyse Bichotte Hermelyn et al On September 15th , the respondent-appellants Brooklyn Democrats filed their notice of appeal to the Appellate Division, Second Judicial Department after the State Supreme Court declared the August 25th vote and its resulting rule amendments a nullity, while issuing permanent injunction that restrained the respondents from implementing those changes and prohibited outgoing members from exercising authority on substantial matters moving forward. The Appellate Division stayed the decision and set an order to show cause for both parties on September 16th.On September 16, oral arguments were held before Justices Linda Christopher, Helen Voutsinas, and Elena Goldberg Valazquez, who appeared skeptical of Democatic leadership’s position (argued by their Law Committee Chair Anthony Genovesi, Jr.) that if an official’s term end date passed at the primary, according to the state Election Law, it still preserves their voting authority during the interim window. Justice Connelly noted that if election loss or term expirarion does not strip a former official of their power to vote, there would be no logical boundary preventing long-past elected officials from returning to vote whenever needed. Petitioners-respondents’ attorney characterized the committee as a “caretaker government” meant to make basic, routine operations until a newly elected body takes office, not make sweeping substantive changes. The parties also filed memorandums of law in support and opposition. The Democratic Party Petitioner-Respondents, in their opposition to the respondent-appellants motion to stay, argued that if the stay remains in effect, the county Democratic Committee would be permitted to hold its organizational meeting on September 23 under the newly amended rules that the lower court declared “a nullity.” Further, this would allow the party chair to pack leadership with appointed, unelected seats. Thus, the petitioner-respondents requested the Appellate Division to deny a stay, vacate the temporary stay, and potentially postpone the organizational meeting to October 6th to allow for adequate appellate review.Substantively, petitioners-respondents’ brief argues that the Appellate Division should affirm the trial court’s ruling because once the incumbent committee members lost their seats or declined to run, their terms ended and so did their voting authority. Further, restricting former members from voting on substantial rule changes does not prevent the party from organizing, or conducting lawful business under its established rules. Also, the controversy was ripe because it challenged an already completed and final vote, and individual members who voted “yes” were not necessary parties. Respondent-appellants’ brief argues that the lower court’s judgment should be reversed because the state Election Law grants “all legal authority” to the existing county committee, not just for substantial matters, since that would create a four-month period of governance vacuum where no critical actions could be taken. Further, the county party Executive Committee is governed by party rules, not statute. Also, the petitioners did not present their objections to the Committee before suing, thus the controversy is not ripe, and individual members who voted “yes,” and the officers whose voting rights were affected were necessary parties. On September 18th, attorney for NYC Public Advocate Jumaane Williams, congressional candidate Brad Lander, and county committee member George Albro requested permission to submit amicus briefs. The request argued that the appeal raises an issue of first impression affecting party governance, thus amici would bring institutional and first-hand perspectives on citywide governance, as an active member, and Brooklyn resident. Further, the amici would not be any expansion to litigation and would simply be assisting the court. Because the Appellate Division did not issue a final decision prior to the September 23rd organizational meeting, the stay remained in effect throughout the event, permitting the party to elect new leadership under the amendments that the lower court found unlawful. At the September 23rd meeting, Chair Rodneyse Bichotte was absent, leaving District Leader Anthony Beckford to preside. The NY Law Journal reported that the meeting devolved into anger and confusion, with Chair Beckford ignoring multiple motions to reconvene, pushing forward with candidate elections. The meeting ended after the final vote passed to ratify the controversial August 25 rule amendments.Election attorney Paul Newell indicated that a new lawsuit is likely to follow. |
| N.Y. VOTING RIGHTS ACT |
| Webinar- Wednesday, September 30 at 6:30 PM Empire State of Mind: the New York State Voting Rights Act The Let NY Vote coalition is hosting aa virtual educational discussion to learn about the Voting Rights Act, how it impacts communities’ access to vote, and how to fight to ensure a multiracial democracy perseveres. The educational discussion will be moderated by Jeffrey M. Wice of the N.Y. Elections Census & Redistricting Institute, New York Law School, and will feature the following speakers:Perry Grossman – New York Civil Liberties UnionJerry Vattamala – Office of the New York State Attorney GeneralDavid Imamura – Abrams Fensterman, LLP To register, use this link: https://us06web.zoom.us/meeting/register/__hpHKUYSNqQW1SfybnQdQ#/registration N.Y. Attorney General’s Office Preclearance 1863 Orange County Board of Elections- poll site locations- under review 1803 Erie County Board of Election- poll site locations- granted All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/ |
| CENSUS & REDISTRICTING |
| Watchdog Raises Concerns Over Just-Ended Census Tests In Alabama and South Carolina by Mike Schneider The U.S. Census Bureau’s watchdog already has some concerns about what took place this summer in Huntsville, Alabama and Spartanburg, South Carolina during the first on-the-ground test of methods that will be used for the 2030 census. The Office of Inspector General this week issued a management alert over what its investigators found during a June evaluation. The red flags were over how some census takers used their personal phones to locate homes and how they didn’t always stick to the script when knocking on doors and asking questions. This was also the first time that some postal carriers were used as census takers along their routes, an innovation that was limited to Spartanburg. The United States Postal Service initially didn’t allow the investigators with the Office of Inspector General to observe the postal carriers conducting census business in June but later gave them access in August. In Huntsville, postal workers were used as temporary, part-time bureau employees but not while conducting their postal duties. The census takers were sent out to knock on the doors of homes whose residents didn’t respond to the census questionnaire online. The census takers were given bureau-issued mobile phones to take down the information that residents gave them about their demographic backgrounds. The phones had mapping capabilities and allowed the census takers to set their schedules and report mileage expenses. The bureau-issued phones, however, didn’t do a good job of locating homes, and so several census takers used mapping apps on their personal phones to find the homes. While that may not have violated privacy laws, the use of personal phones can undermine the public’s trust that their information is secure, according to the Inspector General’s report. During interviews at homes, several census takers didn’t stick to the script. They didn’t read questions verbatim and didn’t provide an information sheet explaining that respondents’ answers were confidential. “Not reading questions verbatim increases the risk of inaccurate or unreliable data being collected,” the Inspector General’s report said. “When enumerators do not highlight the confidentiality of responses, households may be reluctant to provide complete responses to questions or skip some questions entirely.”All in all, these issues were minor compared to much larger concerns that have loomed over the 2026 test. For starters, the Trump administration decided to use a lengthy survey on American life, the American Community Survey, which includes a citizenship question, rather than the shorter traditional census questionnaire, signaling its renewed effort to exclude unauthorized immigrants from the head count. The modern-day U.S. census form doesn’t ask about citizenship and hasn’t for 75 years. But a now-deceased Republican redistricting expert had argued that Republicans and non-Hispanic whites get an advantage if only U.S. citizens who are age 18 and older are counted when redrawing congressional and state legislative districts, instead of the total population. The longer questionnaire took 40 minutes to fill out compared to 10 minutes for the shorter one. Many residents in Spartanburg thought the questions were too invasive and confusing since the American Community Survey probes respondents on more than 40 topics including the appliances in their home, the type of health insurance they have and their education and income levels.The Trump administration also eliminated four other planned locations for the 2026 test — Colorado Springs, Colorado, western North Carolina, western Texas and tribal lands in Arizona. The field test gives the statistical agency the chance to learn how to better tally populations that were undercounted during the last census. Earlier this month, though, the Trump administration made public a proposed rule change that would restrict unauthorized immigrants and those in the U.S. without a green card from the 2030 census numbers used to redraw congressional districts and possibly ask about a person’s legal status on the census form. The proposed change has census advocates worried that millions of residents won’t be counted. The head count determines how many congressional seats and Electoral College votes each state gets, as well as how $2.8 trillion in federal funding is distributed annually. The Inspector General’s office asked the Census Bureau to comment on their concerns, but the agency provided none. Mike Schneider is a former Associated Press reporter who writes on census issues. |
| AROUND THE NATION |
| From The Redistrict Network (@RedistrictNet) September 20: Missouri AG Hanaway has dropped her lawsuit seeking to exclude undocumented immigrants from the 2030 Census and to redo the 2020 Census and 2021 apportionment. — @RedistrictNet [from X] September 21: House Speaker Mike Johnson’s PAC is pouring $250,000 into Colorado’s Amendment 86, a measure to make redrawing congressional districts outside the normal census cycle harder. — @RedistrictNet [from X] September 25: The US Supreme Court stayed the Eighth Circuit and district court orders requiring Missouri to use its 2025 congressional map. Missouri will use its 2022 map in November. The Court told lower courts not to block the 2022 map or require the 2025 map. — @RedistrictNet [from X] September 27: The Redistrict Network is tracking the following redistricting measures on the November 2026 ballot: Missouri Proposition A, Maryland Question 3, and Colorado Amendment 86. — @RedistrictNet [from X] |
| INSTITUTE RESOURCES |
| The New York Elections, Census and Redistricting Institute has archived many resources for the public to view on our Digital Commons Page. Our Redistricting Resources page contains resources on the John R. Lewis Voting Rights Act. You can access the pagehere: https://digitalcommons.nyls.edu/redistricting_resources/ Archived Updates can be accessedhere: https://digitalcommons.nyls.edu/redistricting_roundtable_updates/Please share this weekly update with your colleagues. To be added to the mailing list, please contact Jeffrey.wice@nyls.eduThe N.Y. Elections, Census & Redistricting Institute is supported by grants from the New York Community Trust, New York Census Equity Fund, the Mellon Foundation, and the New York City Council. This report was prepared by Jeff Wice, Esha Shah, Cecilia Neff & Jason Fierman of @RedistrictNet. |


