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2nd Circuit Won't Change NY's Apportionment Method

•  Recent Cases     updated  2008/09/11 08:50


The 2nd Circuit denied a voter's assertion that New York's method of congressional district apportionment should be changed from overall population to voting-age population.

Michael Kalson sued Gov. David Paterson and the state election board. Kalson claimed his vote didn't count as much as those of voters in other congressional districts with a smaller percentage of adults.

Judge Calabresi agreed with the trial court that Kalson's claim lacked merit.

The judge noted that Kalson does not assert that "districts must be comprised of the same number of actual voters or eligible voters; he asserts only that they must have the same voting-age population."

Although one district may have a more adults than another, the second district could have a lower percentage of felons, noncitizens, and people who choose not to vote, Calabresi noted.

For that reason, the judge ruled, the plaintiff's request for a voting-age requirement would not remedy his complaint.

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