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#NY Young Republican Club leader files motion to stop Assembly redistricting

“NY Young Republican Club leader files motion to stop Assembly redistricting”

The head of the New York Young Republican Club filed an emergency motion Sunday night urging the trial court judge to toss out the state Assembly district maps as unconstitutional along with the gerrymandered congressional and state Senate maps that were approved by Gov. Kathy Hochul and Democrats.

State Supreme Court Judge Patrick McAllister in upstate Steuben County initially tossed all three sets of legislative maps in his initial  March 31 ruling. But the Republican plaintiffs in the case did not question the legality of the Assembly maps during appeals.

Because of the procedural omission, the state’s highest court, the Court of Appeals, did not throw out the Assembly maps in its ruling last week that declared the congressional and Senate maps as unconstitutional for partisan gerrymandering and failing to follow the law involving map-making with the Independent Redistricting Commission.

But the decision left the door open for a challenge to the Assembly’s redistricting in a footnote accompanying its decision.

Redistricting map
The New York Young Republican Club urges judge to toss out the state Assembly district maps as unconstitutional.
Redistricting Partners
Gavin Wax
Gavin Wax and the New York Young Republican Club held a private viewing of the content allegedly from Hunter Biden’s laptop.

Judge McAllister is now overseeing the redrawing of the congressional and Senate maps along with his court-appointed special master Jonathan Cervas, a postdoctoral fellow at the Institute for Politics and Strategy at Carnegie Mellon University who’s helped resolve redistricting cases in other states.

“In its decision last week, the Court of Appeals determined that the Assembly map was subject to the same unconstitutional procedures as were the congressional and state Senate maps,”  Aaron Foldenauer, the attorney for NY Young Republican Club president Gavin Wax, said in the motion filed before McAllister and provided to The Post.

Foldenauer, in a statement to The Post, added,  “The only reason that the State Assembly maps have not been struck down is because of a procedural technicality, which is hardly a justification for unconstitutional maps to stand.

Aaron Foldenauer
Aaron Foldenauer serves as the attorney for NY Young Republican Club president Gavin Wax.
James Messerschmidt

He said there is ample time for the special master to redraw the 150-district Assembly maps along with Congress and the Senate.

The court-ordered maps are supposed to be finalized by May 20 after getting proposals from the interested parties this week.

Wax, in a statement to The Post, said, “I will not stand for New Yorkers to suffer from the whims of an unconstitutional and undemocratic process. The exclusion of State Assembly District maps from the special master’s redistricting efforts will subject New Yorkers to a decade of misrepresentation in state government.”

Kathy Hochul
NY Gov. Kathy Hochul approved the congressional and state Senate maps.
Don Pollard/Office of Governor K

The NY Young Republican Club has created a dedicated litigation fund to help finance Wax’s initial motion and subsequent legal actions in the case, Tim Harkenrider et al. vs. Gov. Kathy Hochul, et al.

Republicans have derisively referred to the Democrats’ redistricting screw-up as the “Hochulmander.”

“We call on all New Yorkers who value good government and democratic principles to support this effort,” Wax said.

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