Nassau Democrats demand GOP release hundreds of records in redistricting lawsuits

Two lawsuits challenging Nassau County's 2023 redistricting map are expected to go to trial together this fall with the outcome potentially impacting the legislative districts for the 2025 elections. 

Meanwhile, lawyers for the county legislature and administration are appealing a state court judge's decision that would force them to turn over letters, consultants and hundreds of documents withheld in the discovery period. 

The lawsuits seek to overturn the county's legislative map in place since Feb. 28, 2023, alleging partisan gerrymandering and violations of state voting rights laws. The county legislature adopted the map proposed by the Republican majority in a 12-7 vote along party lines. 

The new district lines were used during the November 2023 county elections, resulting in new representation for thousands of Nassau residents. Four longtime incumbents — three Republicans and one Democrat — did not seek reelection after the map was adopted. County legislators are elected every two years. 

The Nassau County Democratic Committee and 20 registered voters filed a lawsuit in July 2023 alleging the map creates districts favoring Republican candidates, limits competition and dilutes the voting power of communities of color. 

A month later, the New York Civil Liberties Union, on behalf of the New York Communities for Change, filed a separate suit alleging the legislature violated state open records law in failing to disclose the data and analysis used to create the new boundaries.

Attorneys suing the county say they need access to the documents, formulas and experts to prove Republican legislators adopted a map that would ensure their majority control of the legislature. Republicans have pushed back saying the redistricting process creates "fair-fight districts."

Democrats have an enrollment edge in Nassau overall and are seeking a new map that includes six majority-minority districts and an Asian-influence district in the western section of the county.

In the most recent court actions, state Supreme Court Judge Paul I. Marx agreed with the plaintiffs' argument that the case needed certain materials, particularly the depositions of two advisers to the Republicans to move forward.

The defense denied access and filed an appeal earlier this month bringing the issue to a higher state court, the Appellate Division, Second Department. Merging the cases, which rely on much of the same evidence, allows for a quicker trial, attorneys said.  

"Justice Marx came to the correct decisions, and we look forward to seeing his orders affirmed on appeal. We will continue to fight efforts by the County and Legislature to keep secret the evidence of racial and partisan bias in this discriminatory redistricting plan," said Perry Grossman, director of the voting rights project at NYCLU. 

Presiding Officer Howard Kopel (R-Lawrence) on Thursday said he does not comment on active litigation. Misha Tseytlin, the attorney representing the county on the lawsuits, declined comment on Friday.

Every 10 years, after the U.S. Census Bureau releases its new population numbers, the lines of districts in which public officials are elected must be reapportioned to reflect demographic changes. In Nassau, the panel tasked with making recommendations to the legislature held meetings countywide in an effort to create 19 districts, each with about 72,500 voters.

Those meetings began in fall 2022 by the panel — the Temporary Districting Advisory Commission — kicking off the months long process. The commission, comprised of five Republicans, five Democrats and a nonvoting chairman, could not agree on one map and instead advanced each party's map to the legislature for consideration.

David Mejias, the attorney arguing the case brought by the Nassau County Democratic Committee and constituents, said Democrats on the legislature asked for much of this information more than a year and a half ago "and they were shut down." 

"What are the Republican legislators hiding? And why are they spending $2 million of taxpayer money on lawyers to keep it hidden?" said Mejias, a former county legislator. "This is important because the people should choose their elected officials; the elected officials shouldn't choose their voters." 

Francis X. Moroney, the chairman of the county's Temporary Redistricting Committee, declined to comment.

By Candice Ferrette

candice.ferrette@newsday.comcandiceferrette

Candice Ferrette covers Nassau County government and politics on Long Island. She has been a reporter at Newsday since 2011.