New York State Court of Appeals Rejects Challenge to State Voting Rights Act
By: Joseph T. Burns
On November 20, 2025, New York State’s highest court rejected a constitutional challenge from the Town of Newburgh to the state Voting Rights Act. The Court of Appeals held that the Town of Newburgh, a political subdivision of the State of New York, could not maintain a facial constitutional challenge to the state VRA, an act of the state legislature. This decision allows the state VRA to remain in effect.
New York enacted the state VRA in 2022, making it one of the most far-reaching state voting rights statutes in the country. Among its many provisions, the state VRA allows plaintiffs to challenge electoral structures—such as at-large electoral systems—that impair the ability of members of protected classes to elect candidates of their choice. The statute also authorizes courts to impose a broad range of remedies, including the restructuring of local election systems. Because of the sweeping powers the state VRA has granted to potential plaintiffs and the state Attorney General, it has significantly increased the litigation exposure of municipalities across New York.
Newburgh was initially sued by six residents who argued that the town’s method of electing town board members at-large violated the state VRA. The Town of Newburgh countered that the state VRA violated the Equal Protection Clauses of the U.S. and New York State Constitutions. The trial court agreed with Newburgh, granted the town’s motion for summary judgment, and invalidated the state VRA in its entirety.
The Appellate Division, Second Department, however, disagreed with the decision of the trial court and determined that the Town of Newburgh could not facially challenge the constitutionality of the state VRA. Last week’s decision of the Court of Appeals affirms that decision of the Second Department.
The Court of Appeals’ decision leaves unresolved the constitutional questions surrounding the state VRA. Local governments across New York now face heightened litigation risk. Multiple municipalities are already facing state VRA lawsuits, and many others have election systems that plaintiffs are almost certain to scrutinize next. With the availability of wide-ranging remedies, including changes to election structures, municipalities throughout New York should expect that state VRA litigation will continue to expand in the very near future.
For local governments, the practical message is unmistakable: the state VRA creates significant new exposure, and the Court of Appeals has dramatically limited the ability of municipalities to defeat those claims in court. The consequences for municipalities of strategic missteps at the outset of state VRA litigation can be substantial—procedurally, financially, and politically. Local government officials should not wait until state VRA litigation is underway to understand the risks. Municipal leaders would be wise to seek guidance now from experienced counsel who can help evaluate risk, navigate compliance obligations, and develop a comprehensive strategy before they become the next target of a state VRA lawsuit.
