News: POLITICO New York Playbook: Judge won’t halt elections in redistricting flap

Friday, March 4, 2022

POLITICO New York Playbook: Judge won’t halt elections in redistricting flap

Mar 04, 2022

By Erin Durkin, Anna Gronewold and Deanna Garcia

Presented by New Yorkers for Responsible Gaming

Here's the big takeaway from the first court hearing in the Republican effort to overturn Democratic-driven redistricting: The election will go on.

A judge turned back the GOP's request to stop this year's congressional and state Senate election process from proceeding as he considers their allegations of gerrymandering.

But that doesn't mean the new maps, which heavily favor Democrats, are safe — far from it. In fact, Supreme Court Judge Patrick McAllister floated a scenario where he could strike down the maps and order new elections in every congressional and state Senate seat next year, summoning New Yorkers to the polls for the same seats three years in a row.

"It is highly unlikely that the new viable map could be drawn and be in place within a few weeks or even a couple of months," he said. "Therefore, striking these maps would more likely than not leave New York without any duly-elected congressional delegates. I believe the more prudent course would be to allow the current election process to proceed, then if necessary, provide for new elections next year." That might sound far-fetched, but it's happened before: After the district lines in place in 1964 were tossed, state legislators were elected to one-year terms before appearing on the ballot again in 1965.

Republicans argue the new lines, which could give Democrats up to three more seats in Congress, are a blatant gerrymander that violates new language in the state constitution banning maps drawn with the intent of helping a particular party. Though they lost their marquee request to halt the election process, they won other decisions from the judge, who declined to remove Gov. Kathy Hochul as a defendant and let Republicans subpoena legislators' correspondence on the maps. The sides will be back in court on March 14, before a decision from the judge in April.

IT'S FRIDAY. Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com, or on Twitter: @erinmdurkin and @annagronewold

WHERE'S KATHY? Making an affordable housing announcement in Buffalo.

WHERE'S ERIC? Making an announcement in Times Square.

A message from New Yorkers for Responsible Gaming:

It's time to expand gaming in downstate New York. In less than a year, expansion of existing gaming facilities would create thousands of family sustaining union jobs, generate billions in revenue for education in New York, and help drive economic growth and a jobs recovery in the hospitality industry. Expanding gaming downstate can bring hospitality jobs back sooner in the communities we need them most. Find out how: www.NYforResponsibleGaming.org

What City Hall's reading

"School mask mandate will continue for youngest NYC students, City Hall says as end of policy looms," by Gothamist's Sophia Chang: "New York City students who are under the age of five will need to continue wearing masks in class, even if the school mask mandate is lifted by Mayor Eric Adams next week, as those kids are not currently eligible for COVID vaccines, a City Hall official said Thursday."

— "Top NYC officials call for student COVID-19 vaccine mandate by next school year ," by New York Post's Selim Algar: "A powerful pair of elected city officials — Public Advocate Jumaane Williams and City Comptroller Brad Lander — are calling on Mayor Eric Adams to require coronavirus vaccines for city school kids next year. In a joint statement, Williams and Lander demanded "a requirement for full COVID vaccination for students to return to school next fall, as part of the City's standard vaccination requirements." Adams, along with Gov. Kathy Hochul, have both previously signaled their support for a school vaccine mandate. 'We know vaccination saves lives, so let's make clear now that it will be required for entry to school next fall,' Lander said in a statement…The duo also called for the DOE to provide options for 'teachers and students who wish to remain in all-masked classrooms.'"

— Some restaurants plan to keep vaccination requirements in place even if the city lifts them, though many are relieved about the likely rollback.

Adams defends adviser over ties to Russian oligarchs, by POLITICO's Erin Durkin: Mayor Eric Adams defended his international affairs commissioner Thursday and said he will continue to rely on the "amazing" aide despite his past ties to Russian oligarchs. Ed Mermelstein, appointed by the mayor to lead the city's international relations, made his living as a legal and real estate consultant for Russian billionaires, POLITICO reported Wednesday. "The business dealings that Ed has had in the past has nothing to do with what he's doing now in my administration," Adams said at an unrelated press conference in Brooklyn. Since the Russian invasion of Ukraine, there have been calls for the federal government to seize the real estate owned by oligarchs in New York City.

— New York City's largest public pension fund divests from Russian assets, by POLITICO's Joe Anuta

" Dough Owed: Tax Man Seizes Brooklyn Pizza Joint Backed by Mayor Eric Adams' Ex-Con Pal," by The City's Katie Honan: "A Brooklyn restaurant backed by a convicted-fraudster with long ties to Mayor Eric Adams was seized this week by the state for owing nearly $400,000 in taxes. Officials from the state's tax department took over Forno Rosso on Gold Street on Wednesday, placing bright-orange 'SEIZED' stickers on the front door. The Italian-style eatery — whose ribbon-cutting Adams attended — is partially financed by Robert Petrosyants, one of the twin brother restaurateurs who pleaded guilty in 2014 to participating in a money-laundering scheme. Adams has said considers the brothers among his closest friends and has said they deserve a second chance."

'Stop effing around': Climate advocates call on Adams to force landlords to cut emissions, by POLITICO's Danielle Muoio and Erin Durkin: Mayor Eric Adams is facing his first big climate test. Environmental advocates and local lawmakers gathered in Manhattan on Thursday to call on Adams to implement Local Law 97, which requires large building owners to cut their emissions beginning in 2024 or face fines. The law, often called New York's "Green New Deal," was passed under former Mayor Bill de Blasio after years of delay — but most of the implementation has been left to the Adams' administration. The news conference shows patience is wearing thin among the city's environmental coalition, which wants to see Adams demonstrate a commitment to implementing and enforcing the law. Advocates voiced concern that Adams' preliminary budget doesn't provide additional staffing to oversee the new regulatory system.

— Deal reached for Brooklyn offshore wind port, by POLITICO's Erin Durkin: The city has reached a deal to turn the South Brooklyn Marine Terminal into one of the largest offshore wind port facilities in the United States, Mayor Eric Adams announced Thursday. The city Economic Development Corporation, which owns the Sunset Park site, signed an agreement with Norwegian energy company Equinor and its partner BP to transform the mostly abandoned industrial waterfront parcel. "The wind is blowing in the right direction," Adams said at a press conference at the terminal on a blustery morning.

Democrats rally against Adams' proposed cuts to garbage pickup, by POLITICO's Sally Goldenberg: Democratic politicians across the city are uniting to reverse Mayor Eric Adams' budget cuts to garbage pickup, while eyeing an aggressive expansion of recycling of food and yard scraps. Dozens of elected officials, environmental activists and union representatives gathered outside Brooklyn Borough Hall Thursday afternoon to demand Adams reverse a $48 million reduction in the Department of Sanitation budget — a cut in keeping with fiscal belt-tightening the new mayor demanded of nearly every municipal agency. "Our city is facing a sanitation crisis and the 311 data shows that our communities are overburdened by litter and trash and rats everywhere," Sanitation Committee Chair Sandy Nurse of Brooklyn said.

FIRST IN PLAYBOOK — The Metropolitan Transportation Authority is getting a surprise bonus. The MTA will receive $769 million from the Federal Transit Administration, according to Senate Majority Leader Chuck Schumer's office. The federal government set aside $2.2 billion in the American Rescue Plan for transit systems hit hard by the Covid-19 pandemic. The MTA ended up getting $300 million more than it had expected from the competitive process. The agency will transfer $75 million to New Jersey Transit under an agreement the two states struck over how to split Covid relief. — Danielle Muoio Dunn

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WHAT ALBANY'S READING

"From remote work to zoning laws, Hochul reverses key positions," by NY1's Zack Fink: "Since last year, Governor Hochul has been calling on New Yorkers to get back into offices as the pandemic waned. That was before the omicron surge. But she starting beating the drum again last month. 'I really do want everyone back in their offices, just want to say that,' said Hochul on February 10th. 'We thrive more when everyone comes back in person.' Just this week, Hochul appeared to change her tune on that, saying people may never go back full time. 'It may never be five days a week again. I don't know this,' she added on Tuesday. 'It may be four days with flexibility. It may be three and a half days in person. That's up to them, but at least three or four days at minimum.' In another example, as part of her state budget Hochul proposed an override of local zoning requirements when it comes to housing. The state would allow homeowners to add accessory Dwelling Units or ADU's. Build new Apartments to rent out on their property…But after meeting with suburban lawmakers she abruptly changed course, and took the proposal out of her budget."

"DOCCS chief nomination 'hits a snag,' " by Johnson News Service's Kate Lisa: "Senators did not vote Wednesday to confirm the acting leader of the state Department of Corrections and Community Supervision as expected after lawmakers in both major political parties expressed doubt he could successfully lead the department after nine years at the helm. The nomination of Acting Commissioner Anthony J. Annucci was omitted from Wednesday's chamber calendar after lawmakers on the Senate Crime Victims, Crime and Correction and Finance committees grilled him for several hours Tuesday about his actions, or lack thereof, to curb increasing violent attacks on prison staff and incarcerated people, available mental health treatment, safety and other issues rampant within the prison system."

"Reform groups push for probe into Cuomo ad spending," by WXXI's Karen DeWitt: " Government reform groups are asking the state Board of Elections to open an investigation into disgraced former Governor Andrew Cuomo's spending of campaign funds, which he is using to run ads defending his reputation. A spokesman for Cuomo said he's acting within the boundaries of the law. In addition to the television advertising campaign, which have been condemned by several women's rights groups as misleading, government reform groups said Cuomo has also improperly used his $16.4 million campaign war chest to hire attorneys and a private spokesman…The state Board of Elections is due to meet on Friday. The reform groups hope the commissioners will announce an investigation into Cuomo's spending then."

— Cuomo had lunch with former New Jersey Gov. Chris Christie and denied he'll run for state attorney general.

" Push for Language Access After Ida Highlights a Greater Need in N.Y.," by The New York Times' Ashley Wong: "When the remnants of Hurricane Ida reached New York City last September, the trail of destruction it left in its wake did not hit all New Yorkers equally. The natural disaster trapped the city's least protected, particularly low-income residents who could only afford to live in tight, illegally zoned basement dwellings that quickly became death traps once the flooding started. Many of the 13 New York City residents who died were of Asian descent, spoke limited English and may not have received warnings about the severity of the storm in time. … So this week, Letitia James, the New York attorney general, pushed the National Weather Service to expand the number of languages it uses to send out severe weather alerts — which are currently sent in just English and Spanish — citing Ida's devastating effects."

#UpstateAmerica: A drunk pilot who was pulled out of the cockpit just before taking a JetBlue plane full of passengers to Fort Lauderdale apparently had 10 tall boys at a Buffalo sports bar the night before. Buffalo will get ya!

A message from New Yorkers for Responsible Gaming:

FROM THE DELEGATION

"Working Families Party backs candidates facing bigger-name Democrats in House races," by NY1's Emily Ngo: "The Working Families Party is throwing its support to two congressional candidates facing bigger-name Democrats in the June primaries, NY1 has learned. The liberal third party is endorsing Brittany Ramos DeBarros, potentially roiling the 11th District race on Staten Island where Max Rose seeks a rematch against GOP incumbent Nicole Malliotakis. The party also is endorsing Rana Abdelhamid in her bid to unseat Carolyn Maloney."

" How vulnerable is Jamaal Bowman?" by Jewish Insider's Matthew Kassel: "Suddenly, it seems, Rep. Jamaal Bowman's (D-NY) road to reelection has gotten rockier. Last month, the freshman congressman drew widespread condemnation from Jewish leaders when, in an unexpected reversal, he reneged on his support for bipartisan legislation aimed at boosting the Abraham Accords, the historic series of diplomatic agreements that established ties between Israel and four Arab nations during the latter half of 2020…Now, as Bowman begins his campaign for another term representing New York's redrawn 16th District, the Bronx progressive is facing opposition from a growing number of Democratic primary challengers."

TRUMP'S NEW YORK

"NY AG Letitia James OKs delay in depositions of Donald Trump, Ivanka Trump and Donald Trump Jr. pending appeal," by Insider's Laura Italiano: "In a new court filing Thursday, New York Attorney General Letitia James agreed to wait until after the appeals process concludes before deposing Donald Trump, Ivanka Trump and Donald Trump, Jr. The Trumps are appealing a February 17 Manhattan Supreme Court judge's order that the Trumps comply with James' subpoena for their testimony."

AROUND NEW YORK

— Adams criticized the release of a man charged with attacking a woman with feces at a subway station and separately charged in an antisemitic assault.

... MTA chair Janno Lieber asked for the authority to ban repeat offenders like the feces smearer from the subway.

— Adams met with LGBTQ leaders amid controversy over his appointments but did not make any specific commitments.

— The city is appealing a judge's ruling striking down a law blocking NYPD cops from putting pressure on a suspect's diaphragm, despite Adams' criticism of the law on the campaign trail.

— A state Senate candidate was asked sexist questions at a Democratic political club grilling her about how she would serve in elected office while being the mother of young children.

Um, what? — A woman's dismembered body was found in a shopping cart in Brooklyn.

— A superstar Russian soprano will no longer appear at the Metropolitan Opera after failing to comply with the company's demand that she distance herself from Vladimir Putin.

— Fountain House Bronx, a clubhouse for New Yorkers with serious mental illness, plans a $40 million expansion.

— Adams couldn't say when a revamped NYPD anti-gun unit will hit the streets.

— Organizers said that REI workers in Manhattan's Soho neighborhood have voted to unionize.

— A Manhattan judge ruled the Adams' administration can't put a financial penalty on retired municipal workers who reject the city's controversial new Medicare plan.

— A new nonprofit trade group — Latino Cannabis Association — will push for applicants of Latino heritage to enter the marijuana marketplace.

— Hm. The Mechanicville City School Board of Education is changing Superintendent Bruce Potter's leave from vacation to paid administrative.

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SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: CNN's Kate Bennett … Deborah Turness … NBC's Vaughn Hillyard … Emily Bazelon … POLITICO's Mark McQuillan … Ken Lovett … Zack Abrahamson … Andrew Stein … Sean Simons … Spectrum's Nick Reisman … Vulture's Melvin Backman

MEDIAWATCH — Sabrina Tavernise has joined the NYT podcast 'The Daily' as a host. … Charles Homans has been named a full-time writer for the NYT's politics team and the NYT Magazine. He most recently was an editor at the magazine.

— A former Fox News producer was charged with violating U.S. sanctions by working for a Russian oligarch.

— "RT America ceases productions and lays off most of its staff ," by CNN's Oliver Darcy

WELCOME TO THE WORLD — Jeffrey Rapp, senior adviser in the office of financial markets at Treasury and a Biden and Obama WH alum, and Amanda Rapp, legal counsel at Palantir and an Obama WH alum, on Feb. 25 welcomed Holland Judith Rapp. Instapic ... Another pic

A message from New Yorkers for Responsible Gaming:

It's time to expand gaming in downstate New York. In less than a year, expansion of existing gaming facilities would create thousands of family sustaining union jobs, generate billions in revenue for education in New York, and help drive economic growth and a jobs recovery in the hospitality industry. New York lost thousands of hospitality jobs during the pandemic and state officials project those jobs won't be fully back until 2026. However, expanding gaming downstate can bring those hospitality jobs back sooner in the communities we need them most. Find out how: www.NYforResponsibleGaming.org

Real Estate

"Luxury rental project to rise near White Plains train station, filling a gap after decades," by Journal News' David Propper: "Construction on a high-rise mixed-use development in White Plains footsteps from the city's train station is expected to be completed in the first half of 2024, the project's developer announced Wednesday. Once the Gateway II project goes up, it'll offer 500 units of luxury rental housing and 19,000 square feet of retail space, as well as 60,000 square feet of amenities, according to developer Greystone Real Estate Partners."

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