Case 1:12-cv-00500-RBW Document 1
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
THE STATE OF NEW YORK,
åy Sheldon Silver, in his official capacity as
Speaker of the New Yolk State Assembly,
Legislative Office Building, Room 932,
Albany, NY 12248
Plaintiff.
Civil Action No.:
VS,
THE UNITED STATES OF AMERICA,
U.S. Attorney For the District of Columbia
Civil Division
4th Floor
501 Third Street, N.W.
Washington, D.C. 20530
ERIC H. HOLDER, JR.. in his official
capacity as Attorney General of the United
States
950 Pennsylvania Ave. NW
Washington, D.C. 20530
Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT
PURSUANT TO THE PROVISIONS OF SECTION 5 OF THE
voTING RIGHTS ACT OF 1965, AS AMENDED, 42 U.S.C. g 1973c,
AND REQUEST FOR THREE-JUDGE COURT
Plaintiff brings this action for declaratory judgment pursuant to Section 5 of the
Voting Rights Act of 7965, as amended. 42 U.S.C. $ 1973c (hereinafter "section 5"), and 28
U.S.C. $ 2201 , et seq. Plaintiff respectfully would show the Court the following:
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.
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This action is filed for the purpose of obtaining a declaratory judgment
that the State Assembly redistricting plan contained in S.6696-4.9525, Chapter 16 of the Laws
of 2012 ("Chapter 16"), as amended by 5.6755-4.9584, Chapter 20 of the Laws of 2012
("Chapter 20") (collectively "Assembly Plan"), passed by the New York Legislature on March
74,2012 and March 21,2012, respectively, and signed by the GovernoL, respectively, on March
15.2012 and March 26,2072, satisfies Section 5 of the Voting Rights Act because it has neither
the purpose nor the effect of denying or abridging the right to vote on account of race or color or
membership in a language rninority grollp, or of diminishing minority voters' ability to elect
their prefened candidates of choice, in the three New York counties covered by Section 5, and
that the Assembly Plan may be enforced by the State of New York. The Plan, which will take
effect in the regularly scheduled 2012 primary and general elections, provides for the decennial
redistricting of New York's State Assembly districts.
Parties
2.
Plaintiff, the State of New York, is a State of the United States of America
and brings this duly authorized action on behalf of itself and the citizens of the State of New
York. The Speaker of the New York
State Assernbly is designated in the enacted redistricting
legislation as the submitting authority for the Assembly Plan.
3.
The United States is a proper defendant in this action because "[a] State or
political subdivision wishing to make use of a recent amendment to its voting law [that is
covered by Section 5] . . . has a concrete and immediate 'controversy' with the Federal
Government." South Carolina v. Katzenbach,3S3 U.S. 301, 335 (1966).
4.
Eric H. Holder, Jr. is a proper defendant in his official capacity
as the
Attorney General of the United States and is principally responsible for enforcing the Voting
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Rights Act of 1965, including the defense of Section 5 litigation in the United States District
Court for the District of Columbia. 42 U.S.C $ 1973c(a).
Jurisdiction and Venue
5.
S
This action is brought pursuant to 42 U.S.C. $ 1973c and 28 U.S.C.
2201, under which this Court is authorized to issue the declaratory judgment Plaintiff seeks.
This Court has subject matter jurisdiction pursuant to 42 U.S.C. $ 1973c and 28 U.S.C. $ 1331.
6.
Venue is proper in this Courl pursuant to Section 5, 42 U.S.C. $ 1973c,
and 28 U.S.C. ç 2284.
Three-Judge Panel Required and Requested
7.
The State of Neu'York is not itself a jurisdiction covered by and subject to
the "preclearance" requirement of Section 5, but three counties in New York (Bronx, Kings. and
New York Counties) are covered by and subject to Section 5. See 28 C.F.R. pt. 51, app. Thus,
the Assenrbly Plan is subject to Section 5's "preclearance" requirement to the extent (and only to
the extent) that it affects minolity populations in these three covered counties. Section 5
provides that no voting qualification or prerequisite to voting, or standard, practice, or procedure
with respect to voting different from that in force or effect on November 1, I 964 that affects
a
covered jurisdiction may be enforced unless and until (a) this Court enters a declaratoly
judgment that the qualification, prerequisite, standard, or procedure has neither the purpose nor
the effect of denying or abridging the right to vote on account of race or color, or in
contravention of the guarantees set forth in 42 U.S.C. $1973b(2) (which similarly protect
members of language minority groups); or (b) the qualification, prerequisite, standard, or
procedure is submitted to the Attorney General for preclearance and an objection is not
interposed within sixty days.
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This action is properly determinable by a district court of three judges in
accordance with 42 U.S.C. $ 1973c and 28 U.S.C. S 2284.
Factual Allesations
9.
The New Yolk Legislature is composed of two bodies: the State Senate
and the State Assembly. N.Y. Const. art.
10.
IIi,
III, $$ I &
2.
Members of the Assembly are elected to two-year terms. N.Y. Const. art.
$ 2.
11
.
The results of the 2010 Census revealed that the State's population had
shifted substantially over the past decade. These population changes necessitated revisions to the
State Assembly district boundaries, to comply with federal and state constitutional one-person-
one-vote requirements.
XIV,
S
2;N.Y. Const.
12.
and Reappottionment
^See
ar1.
Reynolds v. Sims,377 U.5.533, 568 (1964); U.S. Const. amend.
III,
$ 5.
The New York State Legislative Task Force on Demographic Research
("LATFOR") is the teclmical arm of the Legislature in respect to the
redistricting process. It consists of six members-four legislators and two non-legislators-and
two co-executive directors.
13.
LATFOR's primary function, as charged by law, is to compile and analyze
data, conduct research, and to make reports and recommendations to the Legislature in
connection with the redistricting of the State Senate, State Assembly, and Congressional
districts, based on the 2010 Census. As part of this function, LATFOR held a number of public
hearings across the State, including in each of the three Section 5 covered counties. LATFOR
also encouraged members of the public to create and submit their own plan proposals.
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Case 1:12-cv-00500-RBW Document 1
14.
Filed 03/30/12 Page 5 of 22
In light of this public input, LATFOR released
a proposed
Assenibly Plan
on January 26,2012. Following the release of this proposal, LATFOR held another series
of
public hearings across the State.
15.
After considering this input, LATFOR arnended its proposed Assernbly
plan and recomtnended it to the Legislature, which enacted it as the Assembly Plan embodied in
5.6696-A.9525,Chapter 16 of the Laws of 2072, as amended by 5.6755-A.9584, Chapter 20 of
the Laws of 2012.
16.
The Assernbly Plan does not have the purpose of denying or abriclging the
right to vote on account of race or color or membership in a language minority group.
17.
Compared to the Benchmark Plan, the Assembly Plan does not lead to
retrogression in the position of racial or language-group minorities with respect to their effective
exercise of the electoral franchise or dirninish their ability to elect their preferred candidates
of
choice, and does not otherwise have the effect of denying or abridging the right to vote on
account of race or color or membersliip in a language minority group, in any of the three covered
counties.
18.
Within the covered counties, the Assembly Benchmark Plan contained 23
performing districts where minority populations had tlie ability to elect their preferred candidates
ofchoice-AssemblyBenchmarkDistricts 40,42,43,51,53,54,55,56,57,58,68,70,71,72,
76,77,78,79,80,83,84,85and86. TheSection5coveredminoritypopulationsinthese
Benchmark Assernbly Districts will continue to possess the ability to elect their preferued
candidates of choice in the comesponding districts under the enacted Assembly Plan.
19.
Benchmark Assembly District 40 (Proposed Assembly District 60) is
wholly contained in Kings County. It is currently represented by Assemblymember Inez Barron,
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Filed 03/30/12 Page 6 of 22
Democrat. Total population based on2002 Assernbly District lines and 2010 Census
data as adjusted pursuant to Part
XX of Chapter 57 of the Laws of 2010 requiring
state
corrections prisoner adjustment ("adjusted") is 128,583.22.52% of this total population adjusted
is Hispanic,69.92yo is NH Black, 2.05% is NH Asian and3.67Yo is NH white. Voting Age
Population (VAP) based on2002 Assembly District lines and 2010 Census data adjusted is
92,816. 21.84% of these residents are Hispaníc, 69.70Yo are NH Black, 2.08% are NH Asian and
4.54% are NH white. Total population adjusted of the 60th Assembly District as proposed
(Assenrbly Benchmark District 40) is 124,245.23.05% of these residents are Hispanic,69.53%o
are NH Black, I.95% are NH Asian and3.65Yo are NH white. The deviation from Assembly
District average is -3.75o/o. Voting Age Population (VAP) adjusted is 89,63I.22.35% of the
VAP is Hispanic, 69.34% of the VAP is NH Black, 1.97% of the VAP is NH Asian
and 4.52o/o
of
the VAP is NH white.
20.
Benchmark Assernbly District 42 (Proposed Assernbly District 42). The
42nd Assembly District is wholly contained in Kings County. It is curently represented by
Assemblymember Rhoda Jacobs, a white Democrat. Total population based on2002 Assernbly
District lines and 2010 Census data adjusted is 1 15,339.
is Hispanic , 61.87yo is NH Black, 3ß4% is
17
.25% of this total adjusted population
NII Asian and 15.09%o is NH white. Voting Age
Population (VAP) based on 2002 Assembly District lines and 2010 Census data adjusted is
87,198. 16.14% of these residents are Hispanic,62.8lYo arc NH Black, 3.86% are NH Asian and
15.21% are NH white. Total population adjusted of the 42nd Assembly District as proposed is
724,252. 16.45% of these residents are Hispanic,67.9lo/o are NH Black, 4.02% are NH Asian
and 15.68%;o are NH white, The deviation fi'om Assembly District average
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is -3.75o/o. Voting
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Age Population (VAP) adjusted is 93,481. 15.45% of the VAP is l{ispanic, 63.05% of the VAP
is NH Black, 4.06% of the VAP is NH Asian and 15.47%o of the VAP is NH white.
21.
Benchmark Assembly District 43 (Proposed Assembly District 43).
Benchmark Assembly District 43 is wholly contained in Kings County. It is currently
represented by Assemblymetnber Karim Camara, a Black Democrat. Total population based on
2002 Assembly District lines and 2010 Census data adjusted is 114,553, 8.19% of this total
population adjusted is Hispanic, 7 1.69yo is NH Black, 1.55% is NH Asian and 16.77Yo is NH
white. Voting Age Population (VAP) based on 2002 Assembly District lines
ancl 2010 Census
data adjusted is 88,784.8.09% of these residents are Hispanic,73.55o/o are NH Black, 1.74%o arc
NH Asian and 14.8lYo arc NH white. Total population adjusted of the 43rd Assembly District
as
proposed is 124,231.9A0% of these residents are Hispanic,70.42o/o are NH Black. 1.650/o are
NH Asian and
16.680/o are
NH white. The deviation from Assernbly District average
1s -3.76%o.
Voting Age Population (VAP) adjusted is 96,600. 930% of VAP is Hispanic .7 | 37% of VAP is
NH Black, 1.86% of VAP is NH Asian and
22.
15.03%o
of VAP is NH white.
Benchmark Assernbly District 51 (Proposed Assembly District 51).
Benchmark Assembly District 51 is wholly contained in Kings County. It is currently
represented by Assemblymember Felix Ortiz, an Hispanic Democrat. Total population based on
2002 Assenbly District lines and 2010 Census data adjusted is 127,778. 50.16% of this total
adjusted population is Hispanic,5.47o/o is NH Black, 25.83% is NH Asian and 17.43%o is NH
wlrite. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 96,682.48.20% of these residents are Hispanic,5.56Yo are NH Black, 26.19%
are
NH Asian and
18.98o/o are
NH white. Total population adjusted of the 5lst Assembly
District as proposedis 124,234. 51.77% of these residents are Hispanic,6.03o/o are NH Black,
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18.9I% are NH Asian and22.11% NH white. Tlie deviation from Assembly District average is -
3.76%. Voting Age Population (VAP) adjusted is94,298.4950% of the VAP is Hispanic,
6.120/0
of the VAP is NH Black, 19.34% of the VAP is NH Asian and23.90%o of the VAP is NH
white.
23.
Benchmark Assembly District 53 (Proposed Assembly District 53).
Benchmark Assembly District 53 is wholly contained in Kings County. It is cur:rently
represented by Assemblymember
Vito Lopez, an Hispanic Democrat. Total population based on
2002 Assembly District lines and 2010 Census data adjusteci is 128,627.5990% of this total
adjustedpopulationisHispanic,g.02o/oisNHBlack,6.8l%isNHAsian
and22.99 isNHwhite.
Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census data
adjusted is 101 ,462. 56.23% of these residents are Hispanic,8.630/o are NH Black,
7
.41% ale NH
Asian and26.47%o are NH white. Total population adjusted of the 53rd Assembly District is
124,234 . 59 .84% of these residents are Hispanic,
8
.7 l%o are
NH Black, 7 .40% are NH Asian and
22.79% are NH white. The deviation from Assembly District average is -3.76Yo. Voting Age
Population (VAP) adjusted is 96,803. 56.71% of the VAP is Hispanic, 8.48% of the VAP is NH
Black, 8.10% of the VAP is NH Asian and25.46o/o of the VAP is NH white.
24.
Benchmark Assernbly District 54 (Proposed Assembly District 54).
Benchmark Assembly District 54 is wholly contained in Kings County. It is currently
represented by Assemblyrnember Rafael Espinal, an Hispanic Democrat. Total population based
on2002 Assembly District lines and 2010 Census data adjusted is 128,596. 55.13% of this total
population adjusted is Hispanic ,31 .77o/o is NH Black, 599% is NH Asian and 3.71% is NH
white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjustedis93,261.53.80% of these residents are Hispanic,32.l5o/o are
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NH Black, 6)9%
Case 1:12-cv-00500-RBW Document 1
are
NH Asian and 4.52Yo are NH white. Total population adjusted of the 54th Assembly District
as proposed
are
Filed 03/30/12 Page 9 of 22
is 124,239.55.98% of these residents are Hispanic,30.47Yo are NH Black, 6.31%
NH Asian and
3.670/o are
NH r.l,hite. The deviation from Assernbly District average is -
3.76%. Voting Age Population (VAP) adjusted is90,374.54.64% of VAP is Hispanic,30.90o
of VAP is NH Black, 6.49% of VAP is NH Asian and 4.460/o of VAP is NH white.
25.
Benchmark Assembly District 55 (Proposed Assembly District 55).
Benchmark Assembly District 55 is wholly contained in Kings County. It is curuently
represented by Assemblymember
William Boyland,
a Black
Democrat. Total population based
on2002 Assembly District lines and 2010 Census data adjusted is 126,184.22.08% of this total
population adjusted is Hispanic,73.690/0 is NH Black, 0.90% is NH Asian and 1.47o/o is NH
white. Voting Age Population (VAP) based on2002 Assernbly District lines and 2010 Census
data adjusted is 89,75 5 . 2l
are
7
4.26%o are
NH Black, 0.99%
NH Asian and 1.74Yo ale NH white. Total population adjusted of the 55th Assembly District
as proposed
are
.l 1% of these residents are Hispanic,
is 124,237 .21.21% of these residents are Hispanic,74.57Yo are NH Black, 0.86%
NH Asian and
1.53o/o are
NH white. The deviation fi'om Assembly District average is -
3.75%. Voting Age Population (VAP) adjusted is 88,009. 20.21% of the VAP is Hispanic,
75.19% of the VAP is NH Black, 0.94% of the VAP is NH Asian and 1.80% of the VAP is NH
white.
26.
Benchmark Assernbly District 56 (Proposed Assembly District 56).
Benchmark Assembly District 56 is wholly contained in Kings County. It is curently
represented by Assemblymember Annette Robinson, a Black Democrat. Total population based
on2002 Assembly District lines and 2010 Census data adjusted is 124,885. 16.62% of this total
populationadjustedisHispanic.T4.35yoisNHBlack, 1.75%isNHAsian and5.47YoisNH
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white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 94,170.15.30% of these residents are
are NH Asian and 6.040/o are NH
as
l{ispanic,75.}lYo arc NH Black, 1.85%
white. Total population adjusted of the 56th Assembly District
proposedis 124,235. 1759% of these residents are Hispanic,74.86%o are NH Black, 159%
are
NH Asian and 4.18o/o arc NH white. The deviation from Assembly District average is -
3J6%. Voting Age Population (VAP) adjusted is93,462.16.03% of the VAP is Hispanic,
75.64% of the VAP is NH Black, 1.69% of the VAP is NH Asian and 4.860/o of the VAP is NH
white.
27.
Benchmark Assembly District 57 (Proposed Assembly District 57).
Benchmark Assembly District 57 is wholly contained in Kings County. It is currently
represented by Assemblymember Hakeem Jeffries, a Black Democrat. Total population based
on2002 Assembly District lines and 2010 Census data adjusted is 120,656. 1353% of this total
population adjusted is Hispanic,54.4lyo is NH Black, 5.9I% is NH Asian and24.l3% is NH
wlrite. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 99,788.12.78% of these residents are Hispanic,52.860/o are NH Black, 6.06%
are
NH Asian and 26.360/o are NH white. Total population adjusted of the 57th Assembly
District as proposedis 124,233.14.12Yo of these residents are Hispanic,52.49o/o are NI-l Black,
6.25% are NH Asian and25.13o/o arc NH white. The deviation from Assembly District average is
-3.76%. The slight decline in the concentration of NH Black residence between the benchmark
and the proposed district reflects the process of gentrification occurring in this portion of Kings
county and the need for the district population to grow to meet one person, one vote standards.
The district remains a majority NH Black. Voting Age Population (VAP) adjusted is 101,742.
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13.20% of the VAP is Hispanic, 5L40% of the VAP is NI-l Black, 6.45% of the VAP is NH
Asian and27.01o/o of the VAP is NH white.
28.
Benchmark Assembly District 58 (Proposed Assembly District 58).
Benchmark Assembly District 58 is wholly contained in Kings County. It is currently
represented by Assernblymember
Nick Perry,
a Black
Democrat. Total population based on
2002 Assembly District lines and 2010 Census data adjusted is 1 14,244.6.36% of this total
population adjusted is Hispanic,88.24yo is NH Black, 1.29% is NH Asian and2.23o/o is NH
wlrite. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
dataadjustedis88,33l.6.10%oftheseresidentsareHispanic,ST.ggo/oareNHBlack,
I.40o/oare
NH Asian and2.560/o are NH white. Total population adjusted of the 58th Assembly District
as
proposed is 724,246. 6.14% of these residents are Hispanic,88.45o/o are NH Black, 7.31o/o are
NH Asian and2.28o/o are NH white. The deviation from Assembly District average is
-3.75o/o.
Voting Age Population (VAP) adjusted is 96,359. 5.94% of the VAP is Hispanic, 88.14% of the
VAP is NH Black, 1.43% of the VAP is NH Asian and2.60o/o of the VAP is NH white.
29.
Benchmark Assembly District 68 (Proposed Assembly District 68).
Benchmark Assembly District 68 is wholly contained in New York County. It is currently
represented by Assemblymernber Robert Rodriguez, an Hispanic Democrat. Total population
based on2002 Assembly District lines and 2010 Census data adjusted is 130,153. 47.22o/o
of
tlris total population adjusted is Hispanic,32.17% is NH Black, 5.50% is NH Asian and 13.72Yo
is NH white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010
Census data adjusted is 101 ,236.45.05olo of these lesidents are Hispanic,32.03o/o are NH Black,
5.88% are NH Asian 15.56%
as proposed
234267
NIf white. Total population adjusted of the 68th Assembly Disrrict
is 132,271. 46.85% of these residents are Hispanic,28.38Yo are NH Black, 6.38%
11
1
Case 1:12-cv-00500-RBW Document 1
are
NH Asian and
17.02o/o are
Filed 03/30/12 Page 12 of 22
NH white. The deviation fi'om Assembly District average is
+2.46Yo. Voting Age Population (VAP) adjusted is 103,474.4452% of the VAP is Hispanic,
28.03% of the VAP is NH Black, 6.83% of the VAP is NH Asian and 19.24Yo of the VAP is NH
white.
30.
Benchmalk Assembly District 70 (Proposed Assembly District 70).
Benchmark Assembly District 70 is wholly contained in New York County. It is currently
represented by Assemblymember Keith V/right, a Black Democrat. Total population based on
2002 Assembly District lines and 2010 Census data adjusted is 132,898. 35.27% of this total
population adjusted is Hispanic , 50.43yo is NH Black, 2.73% is NH Asian and 9.7 5%o is NH
white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 104,924.32.95% of these residents are Hispanic,5l.23o/o are NH Black, 2.98%
are
NH Asian and I I .09%o
District
as proposed
are
NH white. Total population adjusted of the TOth Assembly
is 132.451,29ß7% of these residents are Hispanic,5l.99o/o are NH Black,
3.61% are NH Asian and 12.61Yo ale NH white. The deviation from Assembly District average is
+2.600/0. Voting Age Population (VAP) adjusted is 105,465. 27.63% of the VAP is Hispanic,
52.20% of the VAP is NH Black, 4.08% of the VAP is NH Asian and 14.28o/o of the VAP is NH
white.
31.
Benchrnark Assembly District
Benchmark Assembly District
7l
7l
(Proposed Assernbly District 71),
is wholly contained in New York County. It is currently
represented by Assemblymember Herman D. Farrell, Jr,, a Black Democrat. Total population
based on2002 Assembly District lines and 2010 Census data adjusted
is 123.387. 48.20%o of
tlris total population adjusted is Hispanic , 25.83yo is NH Black, 3.41% is NH Asian and 2L24%o
is NH white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010
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Census data adjustedis99,975.45.71% of these residents are Hispanic,25.73o/o are
NH Black.
3.71% are NH Asian and23.55o/o are NH white. Total population adjusted of the 71st Assembly
District as proposed is 132,495. 50.21% of these residents are Hispanic,29.04o/o are NH Black,
3.24% are NH Asian and 16. I}Yo are NH white. The deviation from Assembly District average is
+2.64yo. Voting Age Population (VAP) adjusted is 106,332. 47.86% of the VAP is Hispanic,
29.22% of the VAP is NH Black, 353% of the VAP is NH Asian and 18.01% of the VAP is NH
white.
32.
Benchmark Assembly District 72 (Proposecl Assembly District 72).
Benchmark Assembly District 72 is wholly contained in New York County. It is currently
represented by Assemblymember Guillermo Linares, an Hispanic Democrat. Total population
based on2002 Assembly District lines and 2010 Census data adjusted is 117,864. 82.23% of this
total adjusted population is Hispanic,6.20Yo is NH Black, 1.73% is NH Asian and8.98o/o is NH
wlrite. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adj usted is 92,3
55
. 80 .62% of these residents are Hispanic, 6.52%o are NH Black, I .87%o are
NH Asian and 10.22o/o are NH white. Total population adjusted of the 72nd Assembly District
as proposed
are
is 132,55 5.77.229% of these residents are Hispanic,6.78%o are NH Black, 1.88%
NH Asian and 13.24o/o are NH white. The deviation from Assembly District average is
+2.680/o. Voting Age Population (VAP) adjusted is 704,877.74.99% of the VAP is Hispanic,
7.11% of the VAP is NH Black, 2.05% of the VAP is NH Asian and 15.03o/o of the VAP is NH
white.
33.
Benchmark Assembly District 76 (Proposed Assembly District 76).
Benchmark Assembly District 76 is wholly contained in Bronx County. It is currently
represented by Assernblymember Peter Rivera, an Hispanic Democrat. Total population based
2f4267.1
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on2002 Assembly District lines and 2010 Census data adjusted is 126,003. 57.55yo of this total
population adjusted is Hispanic,28.39yo is NH Black, 757% is NH Asian and3.70Yo is NH
white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 92,286. 56.02% of these residents are Hispanic,29.30o/o are NH Black, 7.57%
are NH Asian and 4.34Yo are NH
as proposed
white. Total population adjusted of the 87th Assernbly District
is 126,408. 57.66% of these residents are Hispanic,28.32o/o are NH Black, 7.57%
are NH Asian and 3.67Yo are
NH u4rite. The deviation from Assembly District average is -
2.08%. Voting Age Population (VAP) adjusted is 92,710. 56.1 1% of the VAP is Hispanic,
2921% of the VAP is NH Black, 1.57% of the VAP is NH Asian and 4.34o/o of the VAP is NH
white.
34.
Benchmark Assembly District 77 (Proposed Assembly District 77).
Benchmark Assembly District 77 is wholly contained in Bronx County. It is currently
represented by Assernblymember Vanessa Gibson, a Black Democrat. Total population based on
2002 Assembly District lines and 2010 Census data adjusted is 127,122. 60.78% of this total
population adjusted is Hispanic,35.27%o is NH Black, 123% is NH Asian and I.49%o is NH
wlrite. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 89,927
. 59.59% of these residents are Hispanic,
are NH Asian and 1.640/o are NH
as proposed
36.79o/o are
white. Total population adjusted of the 77th Assembly District
is 126,423. 60.66% of these residents are Hispanic, 35.5IYo
are NH Asian and |.50o/o are
NH Black, 1.34%
are
NH Black, l.l3%
NH white. The deviation from Assembly District Average is -
2.07%. Voting Age Population (VAP) adjusted is 89,38l. 59.48% of VAP is Hispanic ,
of VAP is NH Black. 1.22% is NH Asian and
234267.l
7.65%o is
t4
NH white.
36.420/0
Case 1:12-cv-00500-RBW Document 1
35.
Filed 03/30/12 Page 15 of 22
Benchrnark Assembly District 78 (Proposed Assembly District 78).
Benchmark Assembly District 78 is wholly contained in Bronx County. It is currently
represented by Assemblymember Jose Rivera. Total population based on2002 Assernbly
District lines and 2010 Census data adjusted is 122,273. 66.50% of this total population adjusted
is Hispanic,
77 .53o/o
is NH Black, 4.81% is NH Asian and9.62Yo is NH white. Voting Age
Population (VAP) based on2002 Assembly District lines and 20i0 Census data adjusted is
89,128. 63.71% of these residents are Hispanic,17.97Yo are NH Black, 5.27% are NH Asian and
11.51% are NH white. Total popr"rlation adjusteci of the 78th Assembly District as proposed is
126,413. 66.51% of these residents are Hispanic,18.650/o are NH Black, 4J8% are NH Asian
and 9.74o/o are
NH white. The deviation from Assembly District average is -2.07o/o. Voting Age
Population (VAP) adjusted is 9i,391
.
63.79% of the VAP is Hispanic, 19.05% of the VAP is
NH Black, 4.61% of the VAP is NH Asian and l1 .04o/o of the VAP is NH white.
36.
Benchmark Assembly District 79 (Proposed Assembly District 79).
Benchmark Assembly District 79 is wholly contained in Bronx County. It is currently
represented by Assemblymember Eric Stevenson. Total population based on2002 Assembly
District lines and 2010 Census data adjusted is 140,692.5798% of this total population adjusted
is Hispanic,38.78o/o is NH Black, 052% is NH Asian and 7.52o/o is NH white. Voting Age
population (VAP) based on2002 Assembly District lines and 2010 Census data adjusted is
97,020.56.94% of these residents are Hispanic,39.55o/o are NH Black, 0.61% are NH Asian and
L75% are NH white. Total population adjusted of the Tgth Assernbly District
as proposed is
126,433.58.00% of these residents are Hispanic,39.06Yo are NH Black, 0.5I% are NH Asian
and l.l9o/o are NH white. The deviation from Assembly District average is -2.060/o. Voting Age
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Population (VAP) adjusted is 87,360. 57.04% of VAP is Hispanic,39.84% is NH Black, 0.59%
is NH Asian and 1.35o/o is NH white.
37.
Benchmark Assembly District 80 (Proposed Assembly District 80).
Benchmark Assembly District 80 is wholly contained in Bronx County. It is currently
represented by Assernblymember Naomi Rivera, an Hispanic Democrat. Total population based
on2002 Assernbly District lines and 2010 Census data adjusted is 124,534.43.09% of tliis total
population adjusted is Hispanic, 19.45yo is NH Black, 8.08% is NH Asian and
27 .600/o
is NH
white. Voting Age Population (VAP) based on2002 Assernbly District lines ancl20l0 Census
data adjusted is 96,1 15. 40. lTYo of these residents are Hispanic, 19.48o/o are NH Black,
are
NH Asian and
District
30.72o/o are
as proposed
7
.94%
NH white. Total population adjusted of the 80th Assembly
is 126,409.4495% of these lesidents are Hispanic.21.600/o are NH Black,
8.58% are NH Asian and23.0lo/o are NH white. The deviation from Assernbly District average is
-2.08%. Voting Age Population (VAP) adjusted is 96"037. 42.18% of the VAP is Hispanic,
21.84% of the VAP is NH Black, 8.45% of the VAP is NH Asian and25.76Yo of the VAP is NH
white.
38.
Benchmark Assembly District 83 (Proposed Assernbly District 83).
Benchmark Assembly District 83 is wholly contained in Bronx County. It is currently
represented by Assemblymember Carl Heastie, a Black Democrat. Total population based on
2002 Assembly District lines and 2010 Census data adjusted is 125,182, 22.72% of this total
population adjusted is Hispanic,7l.03yo is NH Black, 1.37% is NH Asian and2.53o/o is NH
white. Voting Age Population based on2002 Assernbly District lines and 2010 Census data
adjustedis92,131.20.93%oftheseresidentsareHispanic,T2.l4YoareNHBlack, 1.47%areNH
Asian and3.060/o are NH white. Total population adjusted of the 83rd Assembly District
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proposed is 126,406.22.75% of these residents are Hispanic,70.95o/o are NH Black, 1.40o/o are
NH Asian and2.56Yo are NH white. The deviation from Assembly District average is -2.08%o.
Voting Age Population (VAP) is 93,1 00.20.95% of the VAP is Hispanic, 72.06% of the VAP is
NH Black, 1.51% of the VAP is NH Asian and
39.
3. 10%
of the VAP is NH white.
Benchmark Assernbly District 84 (Proposed Assembly District 84).
Benchmark Assembly District is wholly contained in Bronx County. It is currently represented
by Assemblymember Carmen Arroyo, an Hispanic Democrat. Total population based on2002
Assenibly District lines and 2010 Census data adjusted is I 3 1 ,656. 7l
population adjusted is lìispanic,24.79yo is NH Black,
I.ll%
.460/o
of this total
is NH Asian and 1.60%o is NH
white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 92,396.71.23% of these residents are Hispanic,24.75o/o are
are
NH Black, 1.23%
NH Asian and I.77o/o are NH white. Total population adjusted of the 84th Assembly District
asproposedis 126,411.72.02%oftheseresidentsareHispanic,24.l2YoareNHBlack,
are
NH Asian and
1.680/o are
1.13%
NH white. The deviation from Assembly District average is -
2.07%. Voting Age Population (VAP) adjusted is 89,i03. 7L70% of the VAP is Hispanic,
24.16% of the VAP is NH Black, L24% of the VAP is NH Asian and 1.860/o of the VAP is NH
white.
40.
Benchmark Assembly District 85 (Proposed Assernbly District 85).
Benchmark Assernbly District 85 is wholly contained in Bronx County.
it is currently
replesented by Assemblyrnember Marcos Crespo, and Hispanic Democrat. Total population
based on2002 Assembly District lines and 2010 Census data adjusted is 126,021.64.35% of this
total population adjusted is Hispanic, 30.92% is NH Black, 1.03% is NH Asian and 1.87o/o is NH
white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
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data adjusted is 92,680. 62.87% of these residents are Hispaníc,32.09Yo are NH Black,
are
NH Asian and2.l0%o
as proposed
are
|Jl%
NH white. Total population adjusted of the 85th Assembly District
is 126,405.64.01% of these residents are Hispanic,3I.25Yo are NH Black, 1.04Yo are
NH Asian and 1.85% are NH white. The deviation frorn Assembly District average is -2.08o/o.
Voting Age Population (VAP) adjusted is92,909.62.56% of the VAP is Hispanic, 32,38% of the
VAP is NH Black, I.l2% of the VAP is NH Asian and2.09o/o of the VAP is NH white.
41.
Benchmark Assembly District 86 (Proposed Assembly District 86).
Benchmark Assembly District 86 is wholly contained in Bronx Cor.rnty. It is currently
represented by Assemblymember Nelson Castro, an Hispanic Democrat. Total population based
on 2002 Assembly District lines and 2010 Census data adjusted is 121 ,473. 7l .5Io/o of this total
population adjusted is Hispanic,23.62yo is NH Black, L87% is NH Asian and 1.48o/o is NH
white. Voting Age Population based on2002 Assembly District lines and 2010 Census data
adjusted is 85,444. 7038% of these residents are Hispanic,24.48o/o are NH Black, 2.06% are NH
Asian and 1.57o/o are NH white. Total population adjusted of the 86th Assembly District as
proposed is 126,426.70.06% of these residents are Hispanic,25.16%o are NH Black, l.77Yo are
NH Asian and
1.52%o are
NH white. The deviation from Assembly District average is
-2.06%o.
Voting Age Population (VAP) adjusted is 88,574. 69.01% of the VAP is Hispanic, 25.85% of the
VAP is NH Black, I .97% of the VAP is NH Asian and
42.
Assembly Districts
-
I .610/o
of the VAP is NH white.
Aparl from the Benchmark, the Assembly Plan includes two Kings County
Assembly District 49 and Assembly District 59 - that create protected
minority opportunities.
43.
Assernbly District 49 is wholly contained in Kings County. It is currently
represented by Assemblymember Peter Abbate, a white Democrat. Total population based on
18
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2002 Assembly District lines and 2010 Census data adjusted is 129,961. 12.81% of this total
population adjusted is Hispanic,0.660Á is NH Black, 34.07% is NH Asian and 5l.77% is NH
white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 98,793.12.18% of these residents are Hispanic,0.680/o are NH Black, 34.27%o are
NH Asian and
52.23o/o are
NH white. Total population adjusted of the 49th Assembly District
as
proposed ís 124,240. 13.76% of these residents are Hispanic,0.690/o are NH Black, 51.34o/o are
NH Asian and33.48%o are NH Black. The deviation from Assembly District average is
-3.760/o.
Voting Age Population (VAP) adjusted is96,793. 1296% of the VAP is Hispanic, 0.70% of the
VAP is NH Black, 49.95% of the VAP is NH Asian and35.70o/o of the VAP is NH white.
44.
Assembly Distlict 59 is wholly contained in Kings County. It is curently
represented by Assemblymember Alan Maisel, a white Democrat. Total population based on
2002 Assembly District lines and 2010 Census data adjusted ís 724,131.823% of this
populationadjustedisHispanic,47.67yo isNHBlack,4.45%isNHAsianand38.I6%isNH
white. Voting Age Population (VAP) based on2002 Assembly District lines and 2010 Census
data adjusted is 94,593. 7.63% of these residents are Hispanic,46.270/o are NH Black, 4.49o/o are
NH Asian and 40.19% NII white. Total population adjusted of the 59th Assernbly District
as
proposed is 124.235. 8.06% of these residents are Hispanic,54.48Yo are NH Black, 3.79o/o arc
NH Asian and32.73o/o
are
NH white. The deviation frorn Assembly District average is -3.76%
Voting Age Population (VAP) adjusted is 95,024. 7.47% of the VAP is Hispanic, 52.96% of the
VAP is NH Black, 3.84% of the VAP is NH Asian and34.26%o of the VAP is NH white.
45.
The Assernbly Plan cannot be implemented in the covered counties until
this Courl enters a declaratory judgment as requested by Plaintiff, or until the Plan, as it applies
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Case 1:12-cv-00500-RBW Document 1
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to the covered counties, is administratively precleared by the United States Department of
Justice.
46.
A voting change is administratively precleared once a complete
subrnission has been filed with the Attorney General and the Attorney General has interposed no
objection within sixty days. 42 U.S.C. $ 1973c(a); Morris v. Gressette,432 U.S.491,502
(1977); Georgia v. United Stcrtes,4l
41.
I U.S. 526,539 (1973).
Plaintiff has filed complete submissions for administrative preclearance
with the Deparlment of Justice for the Assernbly Plan on March 28^2012.
Justiciability
48.
The Assembly Plan is ripe for a determination that it has neither the
purpose nor the effect of denying or abridging the right to vote on account of race or color or
membership in a language minority group, and does not lead to a retrogression in the position
of
racial or language-group rninorities or diminish their ability to elect their preferred candidates of
choice, in any of the covered counties.
49.
It is imporlant that the Courl act upon PlaintifTs claims at the earliest
practicable date. The next elections for the Assembly districts will occur on November 6,2012.
The primary elections for the State Assembly
will
be held on September
11
,2012. The
candidate qualifying period for the 2012 State Assembly primary elections is June 5,2072
through July 12, 2012. In order to preserve the existing election calendar, it is essential that this
Court consider and decide this controversy prior to, or shortly after, the opening of the candidate
qualifying period.
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Case 1:12-cv-00500-RBW Document 1
Count
50.
I
Each and every allegation contained in paragraphs one through forty-nine
is reaffirmed and realleged as
51.
Filed 03/30/12 Page 21 of 22
if fully incorporated herein.
The Assembly Plan in Chapters 16 and 20 does not have the purpose nor
will it have the effect of denying or abridging the right to vote on account of race or color, or in
contravention of the guarantees set forth iri 42 U.S.C, $ 1973b(Ð(2),in the three New York
counties covered by Section 5.
52.
Plaintiff is entitled to a judgment that the Assembly Plan in Chapters l6
and20 fully complies with Section 5 of the Voting Rights Act of 1965, as amended, and that the
Assernbly Plan in Chapters 16 and 20, may be implemented without further delay.
WHEREFORE, Plaintiff respectfully requests that this Court:
Plaintiff
(a)
Convene a three-judge district collft to hear the matters raised in
(b)
Issue such orders and convene such conferences as may be
s Complaint;
necessary on an expedited basis to ensure that what
little discovery may be necessary in this
action be taken and completed as expeditiously as possible;
(c)
Entel such other and further orders as rnay be necessary during the
pendency of this case to ensure that it is handled as expeditiously as possible;
(d)
Enter a declaratory judgment that the Assembly Plan contained in
Chapters I 6 and 20 satisfìes Section 5 of the Voting Rights Act because it has neither the
purpose nor the effect ofdenying or abridging the right to vote on account ofrace or color or
membership in a language minority group, or of diminishing minority voters' ability to elect
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their preferred candidates of choice, in the three New York counties covered by Section 5, and
that the Assembly Plan in Chapters 16 and 20 nay be enforced by the State of New York;
(e)
Grant Plaintiff such other and further relief as may be appropriate,
including the costs of this action.
Dated: March 30,2012
LEWIN AND LEWIN, LLP
By:
Nathan l,ewin (38299)
Lewin & Lewin, LLP
1775 Eye Street NW
Suite 850
Washington, DC 20006
202.828.1000 phone
nat@lewinlewin.com
Counsel
234267.1
22
for Plaintiff