NY law to shield minority voting clout is upheld on appeal, reversing Orange County ruling
The appeals court decision focused on part of the John R. Lewis Voting Rights Act that prompted lawsuits last year against two Hudson Valley towns — Newburgh in Orange County, and Mount Pleasant in Westchester County — by groups of minority voters. Both cases are seeking ward-based elections for town board to give Black and Latino voters a better chance of representation.
A state judge in Orange County dealt the plaintiffs a setback in November by declaring the law violates the Equal Protection Clause of the U.S. Constitution, as attorneys for the town of Newburgh had argued.
But that reasoning was picked apart and rejected in a 22-page opinion by a four-judge panel for the Appellate Division in Brooklyn, delivered on Thursday.
The panel also tossed out other aspects of the decision in November by state Supreme Court Justice Maria Vazquez-Doles in Orange County. The appeals court found she had no basis to declare the entire law invalid — not just the disputed part — and claim that her ruling affected all of New York.
Struck down: Judge strikes down NY law meant to open path to elect minorities to local boards
The reversal effectively revives the lawsuits in both Orange County and in Westchester, which were on hold until a higher court ruled on the validity of the voting rights law. The courts may now take up the question of whether the towns are violating that law and how any violations should be addressed.
The town of Newburgh could ask the Court of Appeals — New York's highest court — to rule on the law's constitutionality. Town Supervisor Gil Piaquadio said on Thursday that town officials haven't had a chance to discuss that possibility with their attorneys.
Chris McKenna covers government and politics for The Journal News and USA Today Network. Reach him at cmckenna@gannett.com.
This article originally appeared on Rockland/Westchester Journal News: NY minority voting clout protection law found valid by appeals court
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