Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional
By: Joseph T. Burns
On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under the state VRA to the town’s practice of electing town board members through at-large elections.
In a November 7, 2024 decision, Orange County Supreme Court Justice Maria S. Vazquez-Doles held that the New York State Voting Rights Act violated the Equal Protection Clause of the 14th Amendment to the U.S. Constitution as well as the Equal Protection Clause of the New York State Constitution. Justice Vazquez-Doles decision struck down the state VRA in its entirety and order that it could not be enforced against the Town of Newburgh or any other political subdivision in the State of New York.
The Second Department reversed this trial court decision and upheld the constitutionality of the New York State VRA and stated that it did not violate the federal or state Equal Protections Clause. A copy of the Second Department decision can be found here.
We will continue to monitor this and other New York State Voting Rights Act proceedings and provide updates when appropriate.
