NY Court Upholds Law Dems Used To Hijack Local Governments
A New York court has upheld teh constitutionality of the John R. Lewis Voting rights Act, which had previously been challenged as unconstitutional by a state Supreme Court ruling. The appellate decision reversed this earlier ruling, reaffirming that the Voting Rights Act remains valid. The Act requires municipalities with discrimination histories to obtain preclearance before altering their voting systems, which has led to lawsuits challenging at-large voting systems in towns like Newburgh and mount Pleasant. Critics argue that these provisions may unintentionally divide communities by prioritizing racial and ethnic representation over collaborative governance. The decision is seen as disappointing by some local officials who believe it may erode community unity.
A New York court overturned a previous ruling that held that the state’s voting rights act — which Democrats were using to seize control of local governments — was unconstitutional.
New York’s Second Appellate Division found the John R. Lewis Voting Rights Act constitutional, reversing a decision that came down from the state Supreme Court in Orange County.
The legislation was signed into law in 2022 and, in part, forces municipalities with a record of discrimination to obtain preclearance before making changes to how they conduct voting systems. The legislation was being used by some to sue towns for how they conduct their elections.
For example, six black and Hispanic residents in the town of Newburgh challenged the town’s “at-large” voting system, which lets all voters choose every board member instead of electing representatives from specific districts. The plaintiffs argued the system inhibits their ability to elect a candidate of their choice. Newburgh had a population of approximately 60 percent white, 15 percent black and 25 percent Hispanic. The suit alleged that black and Hispanic voters couldn’t elect a candidate of their choice without having specific districts drawn in which only voters in the specific district could vote for the candidate of their choice.
Similarly, five Hispanic voters sued the Town of Mount Pleasant, hoping to force the town to abandon its at-large voting system.
The New York State Supreme Court in Orange County ruled in November that the John R. Lewis Voting Rights Act “on its face, classifies people according to their race, color and national origin” and is a “race-based” statute that violates the Equal Protection Clause of the 14th Amendment of the U.S Constitution.
But the Second Appellate Division overturned the state Supreme Court’s decision, finding that “even if the vote dilution provisions of the NYVRA did violate the Equal Protection Clause, the Supreme Court had no authority to invalidate the remaining portions of the NYVRA,” according to Spectrum News 1.
New York Assemblyman Anil Beephan told The Federalist the court’s decision was disappointing.
“I am disappointed in the court’s decision to reinstate the New York Voting Rights Act, as it may unintentionally undermine the very communities it claims to support. Having served as an at-large councilman, I have seen firsthand how ward-based systems can foster division rather than unity, forcing representatives to compete for resources instead of working collaboratively for the common good,” Beephan said.
“In an at-large system, every board member is accountable to the entire community, ensuring that aid reaches those most in need. As I often say, a victory for one is a victory for all. By contrast, the ward system fractures that partnership, prioritizing political boundaries over shared prosperity,” Beephan continued.
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