Legislature puts Gilman in limbo

By DAVID HULSE

ALBANY — After he apparently lost his Congressional district in Albany on Wednesday, Rep. Ben Gilman (R-20) went to court in New York City on Thursday to try and get it back.

In a stunning reversal of a recently released federal court plan to redistrict the state, the New York State Legislature on June 5 agreed to a new reapportionment plan which placed Gilman’s district into parts of two others.

If it stands, the 79-year-old dean of the New York delegation would be forced to run in a primary against Republican Sue Kelly in a new 19th District or face Democrat Maurice Hinchey in a new 22nd District.

Observers familiar with the politics involved say the changes were a combination of Bush administration efforts to protect two younger Republican congressman elsewhere in the state and the Assembly’s efforts to protect Hinchey.

Democrats, including Assemblyman Jacob Gunther (DC-98), are reportedly trying to convince Gilman to change parties for the run against Kelly.

Gunther was unavailable for comment earlier this week.

Gilman spokesman Brian Walsh said Friday that Gilman hasn’t decided which district he would run in, but that Gilman will go to court. On June 6, Gilman and Rep. Louise Slaughter (D-28) filed to intervene in the federal court case that originally prompted the federal redistricting plan. The case is being heard in the U.S. Court for the Southern District of NY in Manhattan.

Walsh said the state reapportionment plan must also be reviewed by the U.S. Justice Department and that the state has not submitted the plan yet for review. “The federal court plan is the only one in effect today,” he said.

Following the Justice Department review, the plan goes back to the Manhattan court where Gilman’s intervention would then be considered.

Without the late action to reapportion by the Legislature, Hinchey would have been facing the same problem Gilman now has. The new version restores much of his old district.

His spokesman, Kevin O’Connor, said Hinchey was pleased with the new plan and ready to run, regardless of the opponent. However, Hinchey reportedly told the Times Herald-Record that Gilman’s best bet would be a runoff with Kelly.

Gilman says he will run in any event.