UPDATE: On November 7, 2024, the trial judge granted a motion for summary judgment for the Town of Newburgh, finding the New York Voting Rights Act to be unconstitutional. We filed a notice of appeal on behalf of the plaintiffs and the Second Department has expedited the appeal. Briefing will be finalized by December 9, and the oral argument will take place on December 18, 2024, with a decision expected soon thereafter.

BACKGROUND

The New York Voting Rights Act (NYVRA) was enacted in 2022 to promote full participation in the electoral process by all eligible voters and to ensure that voters from racial and language-minority groups have an equal opportunity to engage in New York’s political system. However, in the town of Newburgh, NY, these objectives have not been fully realized, as barriers still prevent fair representation of its diverse population.  

Although Newburgh has a significant Black and Hispanic population, the Town Board is unanimously white. This is the result of the at-large voting system that is used where every member of the Town Board is elected by the entire voting population of the Town. Because a majority of the electorate are white voters, racially polarized voting within Newburgh’s at-large system invariably denies the Town’s Black and Hispanic voters an opportunity to elect candidates of their choice to the Town Board.  

This case, Clarke v. Town of Newburgh, was filed on March 26, 2024, and the defendants filed their answer on May 28, 2024. The case is now heading to trial. 

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