A group of concerned voters sued Governor Hochul in state court, asking for a declaration that the State Assembly districts are unconstitutional because they were the result of an improper process. Plaintiffs point to an order from the N.Y. Court of Appeals in Harkenrider v. Hochul invalidating the state’s congressional and Senate maps for failure to follow the process set out in the state constitution. Plaintiffs note that the State Assembly districts were drawn subject to the same faulty process.

On Sept. 29, 2022, the trial court ordered the state Independent Redistricting Commission to amend the State Assembly maps by April 28, 2023 to be voted on by the state legislature. If the legislature failed to approve the maps, or if the Governor vetoed the new maps, then the Commission was ordered to prepare a second set of State Assembly maps no later than June 16, 2023.

On Jan. 24, 2023, the appeals court affirmed and endorsed the remedial measures and timeline chosen by the lower court.