The legal battle over New York’s redistricting maps could result in the state having to redo its upcoming congressional and state senate election. A special election likely would be necessary in 2023 if Republicans win their lawsuit alleging that the maps confer an unconstitutional advantage to Democrats.

Judge Patrick McAllister said there may not be enough time to settle the ongoing dispute over New York’s new district maps before the state’s June primary. 

Instead of delaying it, he suggested yesterday that New York hold elections with the new maps in place and then run a special election next year if they are declared unconstitutional. 

In 2014, New York voters amended the state constitution to ban maps being drawn “for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties.”

The Republicans are arguing that the new maps unfairly and illegally favor the Democratic Party. The new plan creates 20 Democratic-leaning seats, four Republican-leaning seats, and two highly competitive seats for the state’s U.S. House delegation.

If put into place, political analysts say, Republicans will likely lose two seats while Democrats will gain three, as the map removes one competitive seat.

“Until I have heard this testimony, I’m not in a position to know whether to strike down these maps or uphold these maps,” Judge McAllister said.

Testimony will begin on March 14, leaving only about two months to resolve the suit before the primary elections on June 28. If the court strikes down the new maps there will be insufficient time to draw others, the judge observed.

“I believe the more prudent course would be to allow the current election process to proceed and then, if necessary, allow an election process next year if new maps need to be drawn,” Judge McAllister said.

“I do not intend at this time to suspend the election process,” he added.

Although primaries are not required by either the state or national constitution, New York State election law dictates that primaries take place in June. 

Under normal circumstances, any change to this rule would require an act of the state legislature, the same body that drew the new district maps.

A former congressman who is now a Republican spokesman, John Faso, told The New York Sun that “Democrats are going to try to play out the clock,” and that the court could delay the primary until August.

If the court were to strike down the maps before ruling on a procedure for the 2022 elections, there would be no constitutional district maps with which to hold congressional elections or the required primary, under the current schedule.

“Let’s say the judge rules that the maps are unconstitutional, and that’s appealed, but he doesn’t touch the calendar — at that point the old maps are in law and those maps are unconstitutional because they are malapportioned,” a lawyer in the case, George Winner, told the Sun.

“I think the judge is being very deliberate, he’s done a great job so far, and he wants to have a firm record in front of him before making any determination,” he said.

The judge’s suggestion about holding a special election next year would present a complex scenario for Republicans looking to make gains in the House.

“There has been a special election like this in 1965,” Mr. Faso said, and that was only for state-level offices. 

A special election could leave the GOP at a disadvantage for the 2022 cycle, even if the maps do end up being struck down by the court.

“The important thing here is that the court rejected all of the efforts by the state legislature and the attorney general to dismiss the case,” Mr. Faso said.