The IRC map submission process

The IRC constitutionally is the body that creates maps for each 10 year redistricting cycle. Of these maps include the congressional map for representatives in the federal house of representatives, the state senate, and state assembly. Once the IRC creates a first set of maps, 7 of the 10 board members must approve them to be sent to the legislature. If the legislature passes the maps they are sent to the governor to be signed into law. However, if the legislature or governor (through veto) refuse to pass the 1st set of maps, the IRC must make a 2nd set of maps to go through the same process. If the state legislature or governor refuse to pass the maps again, the legislature must select one of the IRC’s set of maps, completed or in draft form, and edit the districts within two percent of the population. Then the completed set of maps must be passed again and implemented.

Legislatures powers vs IRC powers

While the existence of the IRC is mandated by law, its ability to enforce maps can be restricted, as the IRC’s maps must be approved by the state legislature, and signed into law by the governor. Therefore conflicts of interests between the IRC, trying to create fair maps, and a partisan legislature, motivated by manipulating districts can cause a deadlock, preventing the IRC from passing any of its maps leading to the legislature drawing its own, circumventing the entire system. These jurisdictional issues led to the court cases of Harkenrider vs Hochul and Hoffman vs IRC.

Commissioners and Appointments

---

Drawbacks of the IRC

The Commission, while the better alternative to the state legislature, still has its drawbacks. Firstly, it mustn’t deadlock when trying to pass bipartisan maps. In order for a map to be sent to the state legislature and be voted on, the IRC must first get 7 out of 10 of it’s commissioners. Secondly, the commission is weak, and is too beholden to the state who can frequently edit maps if they are not achieving their interests. For example, community submissions come secondhand to the interests of the partisan state government.

Potential Alternatives

An algorithm controlling map creation that creates ideal maps relative to proportionality, compactness, competitiveness, splitting, and minority representation that the state legislature would abide by would be more objective and less contentious than the IRC. Algorithms could seamlessly make hundreds of fair maps seamlessly without the risk of partisan deadlock or deadlines. The legislature could still hold all its jurisdiction over certifying these maps, but they must pick from the objectively fair algorithm. Community input could be used to find communities of interest, ex: City of Buffalo, Onondaga County, telling the algorithm to not split those communities. However the state constitution would have to be altered again, and a perfect model must first exist before implementation

---

NY Redistricting Law

The 2014 amendment to the New York State constitution set up the commission, and created specific rules around the commission such as an anti-gerrymandering clause. The exact laws are dictating the IRC can be found below. The rest, surrounding the role of the state and redistricting rules, can be found on the “NY Redistricting Law” page

IRC Bylaws

---

---

What can I do if I can’t contribute for years?

Just because New York isn’t redistricting doesn’t mean there is no chance for advocacy for fair maps. 2025 has become a turbulent time for mid-decade redistricting, and it is more important than ever to educate others on fair maps and why gerrymandering hinders representation. Here are some courses of action:

1. Keep up with the News– Stay posted, understand the current situation nationally and the potential for redistricting statewide
2. Make your own Maps– Tools like Dave’s Redistricting are perfect for engaging in the mapmaking process.
3. Vote!– The best way to ensure that districts are representative is to make your voice heard and make it be represented. Vote in the 2026 midterms, and track local elections in your area that may occur in 2025. Find your polling place
4. Share this Website– There is a wealth of information here, and if you support NYFRC and our advocacy, share this with others, it helps the community grow!

---

Court Cases with the IRC

Harkenrider vs Hochul

In February 2022, the Independent Redistricting Commission sent two sets of maps to the state legislature. Both were rejected by the legislature and the IRC was mandated by the constitution to create another set of maps, but they deadlocked down party lines, and failed to send any map to the legislature. The democratic controlled legislature then created a gerrymandered congressional map, signed into law by democratic governor Kathy Hochul. However, the state government illegally ignored the IRC, setting up a potential lawsuit. Promptly, Republican voters, led by petitioner Frank Harkenrider sued the state government for violating the 2014 constitutional anti-gerrymandering provision in a case taken up to the State Court of Appeals. The Court sided with Harkenrider that the maps were unconstitutional gerrymanders and that the legislature bypassed the IRC. They also resolved that new maps were needed for the 2022 midterms and appointed a neutral “special master” to draw congressional and state senate maps. Those new neutral maps became the official maps for the 2022 midterm elections. Overall, the case was the first example of state courts asserting the 2014 state amendment against gerrymandering, bolstering the power of the IRC. However the 2022 neutral court maps would not last long as democrats would sue in the case “Hoffmann v. New York Independent Redistricting Commission” creating the current 2024-onward maps.

Hoffman vs IRC

In September 2022 In response to the instating of the neutral court map, Democrats (Hoffman) sued the Independent Redistricting Commission for failing to submit a second map to the legislature but the case was dismissed by the Albany County trial court. After the 2022 midterms, the Republicans flipped the house of representatives largely due to New York’s new neutral court maps allowing for competitive seats in Upstate New York and Long Island. Republicans flipped four of these seats, significantly damaging Democrats. Democrats appealed their case and by July 2023 an appellate court sided with Hoffman that the maps must be redrawn. The case was appealed again to Court of Appeals who under a different chief judge overruled the 2022 Harkenrider instated neutral maps in favor of the IRC having to draft a second set of maps. However, this meant mid-decade redistricting which violated the state constitution. As a result, the Independent Redistricting Commission produced another map, this time more favorable to democrats in Upstate and Long Island. The legislature rejected the map and tweaked it to be more democratic in swing districts producing the current 2024 congressional maps. These changes were partially responsible for the gains democrats made in the house of representatives in the 2024 elections, flipping back three seats.