The Associated Press reports a New York judge will not throw out new political maps setting the boundaries of state Assembly districts.

In a ruling Wednesday, May 11, Judge Patrick McAllister said even though the maps were drafted improperly, opponents had waited too long to join the lawsuit challenging them in court.

New York Independent Redistricting Commission
New York Independent Redistricting Commission

 If upheld, the decision would give Democrats a minor victory in the battle over redistricting in New York.

Previous court rulings struck down the party’s favored new maps for state Senate and U.S. House districts as unconstitutional.

In his ruling, McAllister said the maps of state Assembly districts were also “unconstitutional in the manner in which they were enacted” by the state Legislature.

But the judge said it would cause “total confusion” to allow the people challenging the Assembly maps, Democratic activist Gary Greenberg and conservative political commentator Gavin Wax, to join an ongoing lawsuit over the Senate and congressional maps.

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The judge said the pair could still file a separate lawsuit challenging the Assembly maps. But he said letting them raise their argument in the ongoing lawsuit would likely mean New York wouldn’t have all of its maps ready in time for a primary this year.

New York plans to hold Assembly and gubernatorial primaries on June 28. State Senate and Congressional primaries were delayed to Aug. 23 to allow time for the mapmaking process

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