nyvrc vacancies letter, march 18 (attachments)

8/12/2019 NYVRC Vacancies Letter, March 18 (Attachments)

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March 18,2014y f csimile post lm ilGovernor Andrew CuomoExecutive ChamberState CapitolAlbany, New York 12224Dear Governor Cuomo:

N P \.TiONA .. I S T l f \ J ~ RLATINO POLICY

l 1 ~ T FOR\ \D SOCI \L p o l [ 1 \ [

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The New York Voting Rights Consortium,l a group of leading local and narights advocates, writes to express our grave concerns over your failure to scheduletions to fill the 2 legislative vacancies in New York State Senate and Assemblyrepresent approximately 8million voters across the state, over 800,000 of whomcolor.In particular, the Consortium is deeply troubled by the reality that, at this mdreds of thousands of our Asian, Black, and Latino constituents are unrepresentedtricts in Brooklyn and the Bronx. These voters of color primarily reside in the cur54th, 55th, 59th, and 60th Assembly Districts in Brooklyn,2 and the 77th and 79th Atricts in the Bronx.3 African-American, Asian American, and Latino residents forcant Assembly Districts make up 92 more of the districts total populations. Asented is the 20th Senatorial District in Brooklyn, which is overwhelmingly Black

Asian.4The lack of representation is particularly critical for Brooklyn residents. Theed portions of the borough stretch over large populations encompassing EasternBrooklyn. In allowing seats to be left vacant, over 400,000 African-American, Asia

The New York Voting Rights Consortium is a non-partisan coalition organizations consistiAmerican Legal Defense and Educational Fund, the Center for Law and Social Justice at Medgar EvFuente, Inc., LatinoJustice PRLDEF, the NAACP Legal Defense and Educational Fund, Inc., the Nfor Latino Policy, and others. The New York Voting Rights Consortium is committed to the full enfoeral and state laws that protect the voting rights of people of color.In November 2013, thenNew York State Assembly members Rafael Espinal, Alan Maisel, awere elected to the New York City Council , leaving vacant the 54th, 59th, and 60th District seats in


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Ltr. to Governor CuomoMarch 18,2014Page 20f5

I NU .....AnONAlINSTITUT ttLATiNO POLICY F ~ T E R FO.\);D SOC .\ 11 I . I I 1

and Latino residents in the affected Brooklyn districts remain voiceless in the Stasimilarly, over 269,000 f r i c a n ~ m e r i c a n Asian American, and Latino residents arethe State Senate. These New Yorkers are entitled to representation in the state goverAll of the voters of color in these districts are protected by, among other lawVoting Rights Act of 1965.s We are profoundly concerned that your failure to act swonly run afoul of this law, but also will keep these especially vulnerable communrepresentation until January 2015, and without the tools to confront and address bolocal everyday concerns and broader statewide legislative priorities.As you know, because the vacancies occurred before April 1 state law empcall special elections or, alternatively, to leave the seats vacant until the next gen

which will not occur until this November.6We urge you, in the strongest possible tecise the first option. Indeed. for four decades. the New York Court of Appeals hasthe governor promptly call for special elections to fill all such legislative seats.7 Uthus far, despite direct calls from the Assembly Speaker,s members of Congress andislatures,9 the New York City Council 1O public interest groups, I I and your own fo

42 U.S.c. 1973.6 N.Y. Public Officers Law 42(4) (McKinney's 2011).7

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[W]hen a vacancy in elective office occurs, the vacancy must be filled by special electionspace of time reasonably possible. Roller v Dinkins 32 NY2d 180 188 (1973),Ken Lovett, Sheldoll Silver Watlts Gov Cuomo To Call Special Elecriotls To Fill 11 VacSeats N.Y. Daily News (Jan. 17 2014 12:05 PM), http://www.nydailynews.comlblogs/dailypshcldon-si I v e r ~ c a l l s o n g o v ~ c u o m o t o c a l l s p e c i a l e l e c t i o n s f o r vacant-nys-Letter from the Central Brooklyn Black Legislators Coalition to Gov. Andrew Cuomo, Stat(Feb. 4,2014) (Attachment A); Letter from Sen. Kevin S. Parker, State Senate of New York, to Govmo State of New York, (Jan. 27, 2014) (Attachment B).See Yi Yang, NYC Officials Call for Special Electiolls to Fill Empty Sears ill Stale Leg


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Llr. 1 Governor CuomoMarch 18,2014Page 3 of5

L NATIOnAL I N i i i i u i u o ~L TINO POLI yC E ~ T E R FO

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counsel,12 no such call has been made. The failure to set special elections notably aYork out of sync with the practices of its neighboring states.

The right to vote and governmental representation is the most fundamentalfree and democratic society. Yet, the inaction to date threatens to deny access toright for 800,000 of our constituents, and many others, who remain unrepresented aopportunity to elect representatives at a critical moment. In addition to lacking reprthe budget process, these voters were unrepresented in recent debates and votesbills addressing issues-including the New York DREAM Act (access to higher eimmigrant youth), early childhood education, appointments to the Board of Regentstesting, and early voting-that are directly relevant to communities of color. The lsentation from the vacant districts is unacceptable.While we understand that your articulated reluctance to call for special elefrom concerns over the administrative costs of such elections, u mere inconvenienceno justification for burdening citizens in the exercise of their protected right todeed, in cases where federal courts in New York found that government action hin

of color s equal access to the political process, these courts have repeatedly requiredto hold special elections in order to vindicate the right to vote. IS When the fundamvote is weighed against simple inconvenience to the state, Uthe latter must give way.,The Consortium therefore respectfully requests that you order a special elect

of the vacant seats in the State Assembly and State Senate by April 24, 2014. Weyou to ensure that the disfranchised across the state-and, in particular, voters of cforded an equal opportunity to elect representatives well in advance of the next geneWe welcome the opportunity to meet in person to resolve this important maand as soon as possible to ensure timely special elections. Therefore, please respond

Jerry Goldfeder, Op-ed, A Millioll ofUs Have No Vote ill Albany N. Y. Daily News, Feb. 3,at hllp:/lwww.nydailynews.com opinionlmillion-vole-albany-arlicIe-I. 1706939. 3 d


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Ltr. to Governor CuomoMarch 18 2014Page 4 s

I N PN , t OHAL N T I T U T ~ FOCAfiNO POL ICY E ~ T E R FO\ ;1 SOCIA. . 1 ) \ t . . I I 1

wr t n by Wednesday, April 2 2014 and feel free to reach out to us directly wtions.

Sincerely,

The New York Voting Rights ConsortiumRyan P HaygoodDirector, Political Participation GroupNatasha KorgaonkarLeah AdenDeuel RossNAACP Legal Defense and Education Fund, Inc. LDMargaret Fung

Executive DirectorGlenn MagpantayJerry VattamalaAsian American Legal Defense and Educational FundEsmeralda Simmons

Executive DirectorJoan P. GibbsCenter for Law and Social Justice, Medgar Evers ColleJose Perez

Deputy General Counsel Legal DirectorJackson ChinLatinoJustice PRLDEFLucia Gomez-Jimenez

Executive Director


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Ltr. to Governor CuomoMarch 18,2014Page 5 of 5

l L T I NO POLI CY l'E::\TER ] O:\KD SOCL\ , .. { \ t.t . 1CC (via email):

[Attachments]

Alphonso David, Deputy Secretary and Counsel for Civil Rof the Secretary to the GovernorKristen Clarke, Chief, Civil Rights Bureau, New York Attorn


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nyvrc vacancies letter, march 18 (attachments)

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