Town of Newburgh considering new method of electing its four Town Board members
TOWN OF NEWBURGH - The Newburgh Town Board is considering whether it needs to change the way its four council members are elected.
At a special meeting earlier this month, the board hired the law firm Sokoloff Stern LLP to review the town's compliance with the New York Voting Rights Act.
That action was taken in response to a letter sent to the town earlier this year in which lawyer Robert A. Spolzino of the White Plains law firm Abrams Fensterman claimed the town's current method of electing its Town Board members at large - meaning all town residents vote for all four offices - violates the New York Voting Rights Act, also known as the John R. Lewis Voting Rights Act of New York.
That letter was written on behalf of six town residents who are either Hispanic or Black.
Spolzino said the Voting Rights Act specifically forbids the use of at-large voting methods when it impairs the ability of members of protected classes to elect candidates of their choice or influence the outcomes of elections.
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According to Spolzino's letter, an analysis of election data and demographic patterns in the town of Newburgh showed significant and persistent patterns of racially polarized voting with respect to Black and Hispanic voters, and that their voting preferences and choices "differ markedly from those of white voters within the jurisdiction."
The letter does not allege any intent on the part of the town or its officials to discriminate, but such intention is not required for a violation of the Voting Rights Act to exist.
"Among other things, not once has Newburgh ever elected an African American or Hispanic candidate to town office, despite the fact that African Americans and Hispanics represent 14.6% and 23.6% of the town's population, respectively," Spolzino wrote.
If the town does not voluntarily correct the situation and bring itself into compliance with the Voting Rights Act, Spolzino said in his letter that his clients are prepared to bring litigation against the town.
Among the solutions suggested by Spolzino to change the method of choosing Town Board members are election by district, cumulative voting, or ranked-choice voting.
"We will be happy to work with the town to bring it into compliance," Spolzino wrote.
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Sokoloff Stern has 30 days to report back to the board on its findings. If the board finds that a violation of the Voting Rights Act exists, a written proposal of a remedy will be drafted within 10 days. Within the next 30 days after that, the town would hold two public hearings on that proposal, which could include the establishment of new election districts and an alternative to at-large election of board members in future elections.
If the Town Board adopts that proposal, it would then be submitted to the state Attorney General's Civil Rights Bureau.
In a statement, Town Supervisor Gil Piaquadio said, "At this time, it is premature to speculate whether that will be necessary and what that election system might look like."
Spolzino was not available for comment, but David Imamura, another lawyer at Abrams Fensterman who is also handling the case, said the town's response so far does not comply with the law and their current election system violates the state's voting rights act.
"The town must change its election system to allow everyone a seat at the table," Imamura said. "They must commit to converting their system."
Mike Randall covers breaking news for the Times Herald-Record and the Poughkeepsie Journal. Reach him at mrandall@th-record.com or on Twitter @mikerandall845.
This article originally appeared on Times Herald-Record: Town of Newburgh board elections format may change: Here’s why
