New York Republicans are following in Ohio’s footsteps in recommending that the president of the National Demographics Corporation help sort out the state’s redistricting situation.

If they’re successful, Douglas Johnson would be responsible for drawing district maps for New York in the event that the newly redrawn maps are found unconstitutional. 

This comes after an appeals judge approved of a lower court’s idea of appointing a “neutral expert” who could step in to draw maps should the New York Court of Appeals find the state’s current maps unconstitutional. 

The trial court handling New York’s redistricting case last month ruled the state’s maps unconstitutional, agreeing with the accusation that they favor Democrats. Judge Patrick McAllister, who presided over the case, ordered the legislature to put into place a map with bipartisan support.

Judge McAllister also ordered the appointment of a “neutral expert” in case the legislature fails to reach bipartisan support for a new map. 

On Friday, Justice Stephen Lindley of New York State’s fourth Appellate Division put a stay on Judge McAllister’s ruling. He did not, however, stop Judge McAllister from appointing a neutral expert.

Judge Lindley stated that the expert would draft maps “in the event that the Court of Appeals ultimately determines that they are needed.” However, some observers see this as a sign that the trial court decision is likely to be upheld.

Yesterday, Republicans recommended Mr. Johnson as their “neutral expert.” 

He was chosen in part because of his role as the “sole ‘Independent Mapmaker’ in the 2022 Ohio redistricting litigation,” and as a “technical consultant” to the Arizona Independent Redistricting Commission.

Mr. Johnson’s organization has assisted more than 50 local governments in drawing district lines following the 2020 Census.

The recommendation comes ahead of arguments in the appeal of New York’s redistricting case on April 20. The decision in New York’s fourth appellate division, as Justice Lindley suggested, will likely go to the New York Court of Appeals, the state’s highest court.

The case revolves around both the new New York district maps and the way that these maps were enacted by the state legislature.

The maps that were ruled unconstitutional create 20 Democratic-leaning districts, two competitive districts, and four Republican-leaning districts. The map would potentially halve New York’s current Republican delegation to Congress.

At the moment the state sends 19 Democrats and eight Republicans to Congress. New York lost one district to reapportionment following the 2020 Census.

Judge McAllister found that these maps were in violation of a 2014 constitutional amendment in New York that stipulates: “Districts shall not be drawn to discourage competition or for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties.”

The maps were enacted by the state legislature after a deadlocked Independent Redistricting Commission failed to successfully recommend another version.

Critics have argued that this was part of a strategy by Democratic lawmakers to bypass the redistricting commission entirely and take control of the process themselves.

Judge McAllister appears to agree with this criticism, as he ruled: “The legislature is not free to ignore the IRC maps and develop their own.”

“There is nothing in the constitution that permits the IRC to just throw up their collective hands,” Judge McAllister wrote in his ruling. “Here the IRC stopped working well before their deadline.” 

“What someone should have done was bring an action to compel the members of the IRC to continue their work,” Judge McAllister added, or for legislators to “remove and replace any IRC member that did not embrace his/her constitutional role.”

The results of the appeal of New York’s redistricting case could help swing the balance of power in the House of Representatives in 2022. It will take only six seats to be flipped in the House for Republicans to take majority control from Democrats.