Yes, if someone files a lawsuit, the weights would have to be changed pending the next election (which will take a lot of time and some money (they won't just accept your numbers), resulting very probably in no change in any council vote outcome. That won't happen. It's all sound and fury signifying nothing. And if the Firemens' Home is not split, and there is a close election, because the nursing home folks (some of them), voted in the wrong ward, then there will be a lawsuit. Yes, if the lines could be changed without referendum, they should be, but alas the Council on its own cannot change them. Again, on this matter, the city is trapped. What needs to be done is get all of this on the ballot for the next election, probably via the petition route. Then everything can be fixed. Stay tuned.
The Common Council has an affirmative obligation to follow the city charter, state law, and US Constitution.
The current plan violates the New York Municipal Home Law.
"i.) The plan shall provide substantially equal weight for all the voters of that local government in the allocation of representation in the local legislative body."
"(c.) As used in this subparagraph the term "population" shall mean
residents, citizens, or registered voters. A population base for such a
plan of apportionment shall utilize the latest statistical information
obtainable from an official enumeration done at the same time for all
the residents, citizens, or registered voters of the local government.
Such a plan may allocate, by extrapolation or any other rational method,
such latest statistical information to representation areas or units of
local government, provided that any plan containing such an allocation
shall have annexed thereto as an appendix, a detailed explanation of the
The Common Council will avoid any lawsuit about the Firemen's Home by declaring that for electoral purposes that it is entirely west of the projected ward boundary.
Do any current registrations for the residents of the Firemen's Home contain a room number?
You have studiously avoided the issue of the two houses on Clinton, that are north of the end of 5th Street. Or are you still trying to determine which point in these houses that the inhabitants reside in? Remember, that you have to provide both a current location, and a location on April 1, 2010. If a resident of a split house were to be elected alderman, would he have to resign whenever he eats in the kitchen. Are you going to dock his salary whenever he goes to the bathroom in another ward within his house?
Torie's standard is arbitrary and capricious and denies equal protection to the residents of the Firemen's Home and the two houses on Clinton. It also is in violation of the 26th Amendment.
The City of Hudson may resolve ambiguity in the charter by passing a resolution. It does not change the ward boundaries by declaring that the Firemen's Home is west of the boundary.
Should I send my spreadsheet with the revised voting weights to you or to the city directly?