A lawsuit filed on behalf of six Black and Hispanic voters against the Town of Newburgh and the Newburgh Town Board challenges the at-large system for electing members of the town board under the New York Voting Rights Act (NYVRA).

The Newburgh Town Board is the five-member legislative and policy making body for the town. The plaintiffs, represented by the law firm of Abrams Fensterman LLP allege that voting in Newburgh’s town board elections is racially polarized, with Black and Hispanic voters supporting different local candidates than white voters. They argue that the at-large system unfairly favors white voters and dilutes the political power of Black and Hispanic voters, in violation of the NYVRA.

On Jan. 26, 2024, the plaintiffs sent a letter to notify the town that the at-large electoral system potentially violated the NYVRA. Once a town receives an NYVRA notification letter, the town board must pass a resolution that proposes a plan to address the violation within 50 days. The town must enact a remedy within 90 days of the resolution and remains immune from any legal action during the 90-day period. On March 15, 2024, within 50 days of receiving the NYVRA notification letter, the Newburgh Town Board passed a resolution to conduct an investigation into the potential violation, but did not offer a plan for if and when it would replace the at-large system. The plaintiffs argue this resolution does not meet the NYVRA requirements to avoid a lawsuit. The lawsuit was filed on March 26.

The plaintiffs ask the court to block the use of the at-large system in future town board elections and order Newburgh to implement a new electoral method in time for the town’s 2025 elections.

The Town of Newburgh, on Tuesday, issued a statement in response to the suit.

“The suit against the Town appears to be part of a wave of lawsuits brought under this untested statute, which creates a right to sue and demand remedies never previously existing under New York Law,” the statement read.

“The Newburgh Town Board is assembling a team of experts in the field – lawyers, election experts, and possibly others – to review the factual and legal allegations in the lawsuit and respond appropriately. Much of the lawsuit rests upon untested statistical analyses and legal theories. The lawsuit goes further, however, and -- citing actions the Town has taken on recent issues having nothing to do with race – claims that the electoral system in the Town of Newburgh represents intentional racial bias by the government of the Town. Those allegations are false.”