New York State Senate District 37 special election, 2018

Elections in New York, 2018

• General election: Nov. 6
• Voter registration deadline: Oct. 12
• Early voting: N/A
• Absentee voting deadline: Nov. 6

• Online registration: Yes
• Same-day registration: No
• Voter ID: No
• Poll times: 6:00 a.m. and close at 9:00 p.m.

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Assemblywoman Shelley Mayer (D) defeated former Rye Councilwoman Julie Killian (R) for the seat formerly held by state Sen. George Latimer (D).

The race was originally thought to be critical in deciding the partisan control of the New York State Senate. However, after state Sen. Simcha Felder (D) announced on election day that he would continue caucusing with Republicans regardless of the outcome, the GOP was set to remain in control.

With wins in District 37 and District 32, Democrats would have had a 32-31 working majority if Felder would have joined the Democratic caucus. Before announcing his continued alliance with Republicans, he signaled that he was open to joining the Democrats and giving them control of the chamber if Mayer won.

Prior to Felder's announcement, the race was set to decide whether Democrats would gain a trifecta in New York ahead of the 2018 elections as they already controlled the governor's office and the state Assembly. However, their opportunities to influence policy in 2018 would have likely been limited. The state budget passed in late March and a slim Democratic Senate majority that included Felder, a conservative Democrat, might not have been able to pass the party's preferred legislation on issues like abortion, college tuition, and immigration.

To read more about the cross-party alliances in the state Senate, including the April 2018 reunification of the mainline Democrats and the Independent Democratic Conference, visit this section.

Although District 37 went Democratic in all recent elections, Republicans targeted the seat. “Bet on the Democrat but don’t be surprised if the Republican wins,” said political analyst Richard Brodsky. As of April 16, the candidates and outside groups had spent a combined $3.4 million on the race, with Mayer and Killian spending about $1 million each and $1.5 million coming from satellite groups.

Killian picked up support from former Gov. George Pataki (R). On the campaign trail, she emphasized her opposition to increasing property taxes in Westchester County and desire to work on substance abuse policy.

Mayer was backed by Gov. Andrew Cuomo and Senate Democratic Leader Andrea Stewart-Cousins. She also called for controlling property taxes and linked Killian to President Donald Trump (R).

In April, Killian began criticizing Mayer after two state Senate staffers said Mayer did not do enough to help them when they reported sexual harassment to her in 2011. Mayer said she tried to help them and that Secretary of State Angelo Aponte did not take action.

Party		As of April 24
	Democratic Party	32
	Republican Party	31
Total		63

Election result

General election

Special general election for New York State Senate District 37

Shelley Mayer defeated Julie Killian in the special general election for New York State Senate District 37 on April 24, 2018.

		Candidate	%	Votes
✔		Shelley Mayer (D)	57.6	28,358
		Julie Killian (R)	42.4	20,876
		Other/Write-in votes	0.1	28

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	There were no incumbents in this race. The results have been certified. Source	Total votes: 49,262
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Aftermath

New York Times: "On Wednesday, [Gov. Cuomo] — with a primary challenge in the offing — launched a salvo in an effort to convince [Simcha Felder] that the time to come home was now, warning that his unique influence in the Capitol might not last past the November elections.

'Let me say that the Democratic conference will not need you in November the way they need you now,' the governor wrote in a letter to Mr. Felder and distributed to the news media. 'I believe there will be additional Democrats who win and are seated for the next Legislature. You have said that you act in the best interest of your constituents. For their benefit, now is the time that matters.'

For all that rhetoric, however, it was not clear that Mr. Cuomo, or other Democrats, had enough leverage to convince Mr. Felder that he would pay a political price, and even if so, whether they would use it any time soon. Indeed, the governor’s letter was met with a polite shrug from Mr. Felder — 'I look forward to productive conversations with the governor and respect his position,' he said on Wednesday — and little, if any, immediate follow-up...

One group, however, was undeniably happy about Mr. Felder’s decision. Before a brief legislative session on Wednesday in Albany, John J. Flanagan, the Long Island Republican who leads the Senate, addressed his Republican colleagues, with Mr. Felder in attendance, and thanked him for staying. The Republican conference then gave Mr. Felder a round of applause."

Candidates

Shelley Mayer (D)

A Democratic Assemblywoman from Assembly District 90, Mayer was nominated to run in the special election for District 37 in January 2018. When accepting the nomination, Mayer said, "Now, more than ever before, we need united and strong progressive leadership in Albany. We cannot let the bigoted and hate-filled leadership in Washington take hold in Westchester. Democrats will continue to come together and rise up against those who try to use fear and hatred to undermine our unity."

Her website listed endorsements from a number of union locals, including the Service Employees International Union (SEIU) and the International Brotherhood of Teamsters. Her site emphasized her positions on education, property taxes, climate change, and women's issues.

Mayer was first elected to the state Assembly in a 2012 special election and then won re-election in 2014 and 2016. She earned her B.A. from the University of California, Los Angeles in 1975 and her J.D. from State University of New York, Buffalo, School of Law in 1979. Her professional experience includes working as the chief counsel for the New York State Senate Democrats from 2007 to 2011 and serving as assistant attorney general in the Office of New York Attorney General Bob Abrams from 1982 to 1994.

Julie Killian (R)

A former councilwoman from Rye, New York. Killian was selected as the Republican nominee at a convention on February 7, 2018. She ran for the District 37 seat in 2016 and lost to George Latimer (D).

Her policy priorities included enacting term limits for state legislators and changing the state's funding formula for public education. Her website also listed government corruption, property taxes, and substance abuse as the issues she wanted to address. According to the Legislative Gazette, Killian represented a more centrist wing of the Republican Party; she has called for more restrictions on firearms and environmental protection policies.

Prior to serving on the Rye City Council, Killian co-founded the nonprofit RyeACT, which focused on ending substance abuse by children and teenagers. She also worked in the financial services industry on Wall Street. She received a bachelor's degree in chemical engineering from the University of Notre Dame and an M.B.A. from New York University.

Party conventions

Killian was selected as the Republican nominee over former Yonkers inspector general Dan Schorr at a nomination convention held on February 7. Bedford attorney Sarmad Khojasteh had been seeking the nomination, but he withdrew from consideration on February 5 and endorsed Killian, saying she was the candidate best suited to face Mayer in the special election. Killian faced Latimer in the 2016 election and lost by an 11-point margin.

Mayer was selected as the Democratic nominee by a unanimous vote at the Democratic convention on January 9, 2018. Yonkers Mayor Mike Spano had been seeking the nomination as well, but he withdrew his name before the convention was held.

Campaign activity

The District 37 race was viewed by both parties as a winnable race despite its preference for Democrats in recent elections and Democrats' two-to-one advantage in registered voters. According to the newspaper Lohud, "it has been a target of Republicans in expensive campaign battles in recent years and is expected to once again be viewed as a target seat by the state GOP."

Campaign finance

On February 5, Senate Democrats sent out a fundraising letter that cited the race's high stakes. It said, “As long as Republicans hold power in the State Senate, New York can’t stand up to President Trump and pass laws to protect our families from the awful policies coming out of Washington. Together, we can give New Yorkers the state government they deserve and make history by elevating the first woman to lead the New York State Senate. The fight for the Senate Majority is here."

Cuomo appeared at a fundraiser for Mayer on April 3 and called for an end to Republican control of the state Senate. "All the progress we want to make, (Republicans) are 100 percent against it," said Cuomo. "We just finished a budget, negotiating with them. They have no appetite whatsoever for any of the things we hold dear."

As of April 16, $3.4 million was spent on the race, with each candidate spending about $1 million apiece and $1.5 million coming from satellite groups.

Of the $3.4 million, $2.3 million was spent on television and radio advertising ($1.9 million for Killian and $450,000 for Mayer) and about $400,000 was spent on campaign mailers ($205,000 for Killian and $190,000 for Mayer).

Of the $1.5 million in satellite spending, $800,000 was for anti-Mayer ads by the pro-charter school group New Yorkers for a Balanced Albany.

Campaign advertisements

Shelley Mayer-support

"George Latimer Stands with Shelley Mayer," released April 13, 2018

"Making Change Happen," released March 19, 2018

Shelley Mayer-oppose
The following ad was paid for by New Yorkers for a Balanced Albany.

"New Yorkers For A Balanced Albany," released March 21, 2018

Candidate forums

On April 9, Mayer and Killian participated in a forum at Trinity Saint Paul's Episcopal Church on gun violence. It was moderated by high school students. See coverage of the debate here.

On April 10, Mayer and Killian participated in a forum hosted by The College of New Rochelle. See coverage of the debate here.

Tapinto.net published this candidate questionnaire that Mayer and Killian responded to.

Endorsements

New York State United Teachers endorsed Mayer on February 12.

New York Gov. Andrew Cuomo (D) endorsed Mayer on February 20.

Cuomo, mainline Senate Democratic leader Andrea Stewart-Cousins, and former District 37 Sen. George Latimer appeared at a campaign event for Mayer in Larchmont on March 11, 2018.

Former New York Gov. George Pataki (R) endorsed Killian on April 4.

On April 6, Planned Parenthood Empire State Acts endorsed Shelley Mayer.

Gary Greenberg, founder of the Fighting for Children PAC, announced his support for Mayer and paid for a robocall promoting her candidacy.

On April 16, the Nassau County Sheriff’s Correction Officer Benevolent Association and the Suffolk County Correction Officers Association endorsed Killian. She was previously endorsed by the Police Benevolent Association of New York State, Detectives’ Endowment Association, Inc., the New York State Association of PBAs, and the Patrolmen’s Benevolent Association of the NYPD.

On April 18, the Yonkers Times endorsed Mayer and the New York Post endorsed Killian.

Campaign themes

The following positions were listed on the candidates' campaign websites:

Julie Killian

“	The high cost of living, working and raising a family in New York State is forcing thousands of New Yorkers to flee to more affordable parts of the country. I will bring a fresh perspective and fight every single day as your Senator to make Westchester a safe and affordable place where opportunities abound for all Westchester families. Below is a small sample of some of the ideas I have. If you want to know more please call or email! AFFORDABILITY In Westchester, our property taxes are among the highest in the country. There are things we can do in state government that will directly affect your property taxes: When elected, I will fight to: CHANGE the school aid formula so Westchester gets its fair share. Right now we get the LOWEST per student school aid in the state. MOVE Medicaid back to the state level from the county level. New York is one of the few states that pays for a portion of Medicaid at the county level. MAKE the property tax cap permanent. It has saved taxpayers $23 billion since 2012. INSTITUTE a tax cap on the state budget. STOP the corruption tax by strengthening and enforcing ethics laws and requiring conflict of interest statements for every Legislator and State contract. This was my first official act when I joined the Rye City Council in June 2012 after a corruption scandal. OPPORTUNITY Countless studies highlight the fact that New York has one of the worst business climates in the nation. We must create a more hospitable environment for small and medium sized businesses, as they are the backbone of our economy and create the jobs our citizens need to thrive. When elected, I will fight to: PROHIBIT state agencies from fining small businesses for first violations unless public health or safety is jeopardized. STREAMLINE occupational licensing and the permitting process for opening new businesses and growing existing businesses. EXPAND Career and Technical Education (CTE) high schools beyond New York City to offer pathways to career success for those who may not be interested in a four-year college. AMEND tax code to ensure 529 plans get the same tax treatment at the state level that federal law provides to make education more affordable. ADVOCATE on behalf of families and service providers in the OPWDD (Office for People with Developmental Disabilities) system to make sure new procedures provide more access, more services and more reimbursement not less. EXPAND education and job opportunities for developmentally disabled and autistic students and adults. SECURITY The first obligation of any government is the safety and security of its citizens. We must all work together to keep our children and families safe. When elected, I will fight to: PASS a new law that reclassifies school shootings as acts of Domestic Terrorism. SUPPORT legislation that provides funding for local school districts to invest in security equipment and school resource officers to help secure school infrastructure. SUPPORT common sense gun laws including universal background checks, banning bump stocks and fully-automatic assault weapons, and raising the age to buy a firearm to 21. PROTECT families by supporting proposals that would keep guns out of the wrong hands, including the Extreme Risk Protection Order bill, which would make it possible for families and law enforcement to remove firearms from loved ones who could be a danger to themselves or others, and making permanent Kendra’s Law, which grants judges the authority to issue orders that require people who meet certain criteria to regularly undergo psychiatric treatment. ESTABLISH a research institute that will look at the myriad causes of gun violence. PROTECT women, children and any vulnerable New Yorkers by fighting for legislation that would promote greater accountability for harassment issues and prohibit confidentiality agreements unless the victim requests that his or her identity be kept private. COMBAT heroin, opioid and substance abuse crisis with more funding at local and county level for proven prevention programs, education efforts for teens, parents and school and medical professionals. I have a specific plan on this coming out soon! FIGHT to make Fetanyl a Schedule 1 Controlled Substance (like heroin) so dealers can be prosecuted to the fullest extent of the law. Currently, the NYS Assembly will not pass this change. FUND early intervention and prevention efforts in our elementary schools focused on educating parents, training teachers and working with students so that kids don’t turn to drugs and alcohol when they are facing challenges. FUND after school programs in underserved areas to keep our kids busy and more importantly expose them to sports, art, music and STEM programs. ENVIRONMENT Our district includes some of the most beautiful natural resources in the country, including the Long Island Sound and the Hudson River. Clean water, clean air and open space should be the right of every citizen. The stewardship of our environment is a great responsibility; what we do, or do not do, will impact generations to come. When elected, I will fight to: ENSURE adequate funding for the environmental protection measures, including the Environmental Protection Fund and the Clean Water Infrastructure Act. MEET renewable energy goals of 50 percent generation by 2030. This is particularly critical in light of the recent, extensive power outages the region experienced, as well as the closing of Indian Point, which is responsible for 25 percent of the energy Westchester residents consume. INCORPORATE climate change science into emergency response plans to ensure we are prepared for future disasters such as Superstorm Sandy. BUILD RESILIENCY by supporting our local municipalities and County and help fund efforts to address coastal erosion and flood mitigation and manage our wetlands. ADVOCATE for continued engagement with the NYC Billion Oyster Project to bring it to Westchester. Worked with Rye City officials and our local middle school to bring a program to our local harbor, the first of its kind in Westchester. Oysters filter an average of 50 gallons of water each day.	”
—Julie Killian’s campaign website (2018)

Shelley Mayer

“	Shelley Mayer is the Change We Need From Yonkers to Bedford, from White Plains to the Sound Shore, Shelley knows our communities and has always been willing to stand up against the status quo to protect Westchester, Her children all attended public schools here, so she's always been an advocate for better school funding and tuition relief, She fought the NRA to pass effective, common-sense gun laws, and defeated big pharma to give us better tools to fight opioid abuse. CLEANING UP ALBANY'S CULTURE OF CORRUPTION Shelley has never been afraid to stand up to corruption, even if it meant taking on members of her own party. As Counsel to the State Senate Democrats, Shelley was the architect of an unprecedented legal effort to expel disgraced Senator Hiram Monserrate from office after he was convicted of domestic violence. As a State Assemblymember, Shelley led the Reform Caucus and one of the first members to call on Assembly Speaker Sheldon Silver to resign when he was indicted on corruption charges. Shelley Mayer has always stood up for what's right, helping pass a law to strip the pensions of public officials who violate the public trust and fighting for legislation that cracks down on politicians who use their offices for private gain. STRONGLY SUPPORT THE PROPERTY TAX CAP TO PROTECT TAXPAYERS Westchester is a beautiful place to live and raise a family, but high taxes and increasing costs are making it harder and harder by the day. Now, the new Trump tax plan will crush Westchester’s residents – who already pay some of the highest property taxes in the nation. As State Senator, Shelley will stand with the Governor to fight back against Trump’s assault on New Yorkers by supporting the New York State Taxpayer Protection Act; and she’ll work with local leaders to promote shared services and other cost-saving measures. Shelley has voted for and passed two major tax cuts in the past five years. Now, the new Trump tax plan will crush Westchester’s residents who already pay some of the highest property taxes in the nation. As State Senator, Shelley will stand with the Governor to fight back against Trump’s assault on New Yorkers and she’ll work with local leaders to promote shared services and other cost-saving measures. STANDING UP TO THE NRA TO PASS STRONGER GUN SAFETY LAWS Shelley has stood up to the NRA to pass the NY Safe Act, one of the toughest gun laws in the nation which requires stricter background checks, bans assault weapons, and cracks down on out-of-state gun dealers in New York. In the State Senate, she’ll stand up to Republican efforts to repeal the Safe Act, and she’ll break through Republican roadblocks for common sense legislation to ban deadly bump stocks, or keep guns out of the hands of dangerous individuals and children. As our nation awakens and finally stands up to demand action on gun safety, Shelley knows that we need to change the Senate’s leadership to end the NRA’s stranglehold on our State Senate. REFORMING OUTDATED SEXUAL HARASSMENT LAWS AND DEFENDING WOMENS RIGHTS Shelley has spent her career standing up for gender equality, women’s access to healthcare, equal pay, and an end to sexual harassment and abuse. In the Senate, she’ll work to end the Senate Republicans’ years-long roadblock on critical legislation including the Reproductive Health Act and the Child Victims Act. In addition, Shelley strongly supports Governor Cuomo’s proposed reforms to prevent sexual harassment and better protect victims. DELIVERING FAIR FUNDING FOR ALL OUR SCHOOLS Shelley is a lifelong advocate for strong public schools, delivering record funding for local schools as an Assemblymember and securing over half a billion dollars for school construction and renovation. As State Senator, she’ll work every day to ensure that Westchester schools get their fair share; stand strong against the misuse and overuse of standardized testing; and protect the rights of parents to have a say in their children’s schools. ADDRESSING CLIMATE CHANGE AND FLOODING With Westchester sandwiched between the Hudson River and the Sound shore coastline, we are particularly vulnerable to the impacts of climate change – from increased flooding to wind damage from major storms. Shelley Mayer has been a vigorous advocate for the protection of our environment, cosponsoring a bill that prohibited oil barges from anchoring in the Hudson River and securing $3 million for flood mitigation aid after Hurricane Sandy. Shelley also believes that climate change denial is a hurting our future and supported Climate and Community Protection Act, a bill that would help put New York on track to minimize the adverse impacts of climate change through a reduction in statewide greenhouse gas emissions and improve the resiliency of the state with respect to the impacts and risks of climate change. COMBATING THE OPIOID EPIDEMIC The opioid crisis is one of the most serious problems facing Westchester and New York State. While in the Assembly, Shelley sponsored legislation that makes naloxone, a life-saving drug that stops opioid overdoses, more easily available. The law requires any pharmacy with 20 or more locations to pursue or maintain a standing order to disperse naloxone or to register with the NYS Department of Health as an Opioid Overdose Prevention Program. These requirements ensure that more pharmacists will be trained in administering naloxone and Governor Cuomo signed it into law in 2016. In the State Senate, Shelley will continue to advocate for programs that support those battling addiction and resources that crack down on the prevalence of opioids in Westchester and across New York.	”
—John Doe’s campaign website (2016)

The Trump effect

Candidate approach to Trump

The presidency of Donald Trump was an issue in this campaign.

Both candidates issued statements about Donald Trump's presidency. After accepting the Democratic nomination to run for the seat, Mayer said, "Now, more than ever before, we need united and strong progressive leadership in Albany. We cannot let the bigoted and hate-filled leadership in Washington take hold in Westchester. Democrats will continue to come together and rise up against those who try to use fear and hatred to undermine our unity."

Killian downplayed Trump's relevance in the race, saying, “The election is not about Donald Trump no matter how much the Democrats want to make it about him. And if that’s all they can talk about, it’s clear that they don’t have any solutions to deal with the problems in our community and they don’t understand the problems in our community.”

Mayer and her allies invoked Trump on the campaign trail. She criticized Killian for a $1,000 donation she received from George DeVos, the husband of Trump Secretary of Education Betsy DeVos, in her 2016 bid for Senate. At a campaign event supporting Mayer, Gov. Cuomo reportedly criticized Trump and his administration on multiple occasions.

Voter reception of Trump

Before George Latimer was elected Westchester County executive over incumbent Rob Astorino (R) in November 2017, the firm Appliedtechonomics ran a survey and found that 44 percent of voters said the Trump administration would be a factor in how they voted and that 67 percent of those voters backed Latimer over Astorino. Latimer ended up winning the election by 13 points, which was higher than expected by political observers.

According to Jeanne Zaino, an executive at Appliedtechonomics and a political scientist, "In the past, the GOP has been able to overcome deficits by running strong candidates on issues like taxes that voters care so much about...The Democratic avalanche [in Latimer's election], however, showed that as important as taxes are to Westchester voters, there is now another issue that gets them even more vexed: Trump. "

Noteworthy events

Mayer removed from Independence Party line

Mayer was removed from the Independence Party line by Justice Henry Zwack on March 20 after he found that she had received the party's nomination in February without there being a quorum present.

Candidates can run under multiple party lines in New York. Killian received the Independence Party's nomination in her 2016 run against Latimer.

Ethics complaint against Mayer

Republicans filed a complaint with the Joint Commission on Public Ethics alleging that Mayer misused government property. The complaint concerned a Facebook video that showed Mayer inside her Assembly office commending students who participated in walkouts from schools to protest gun violence. She used the phrase “when elected to the Senate,” which the complaint said showed that the video was intended to be campaign material.

In response, Mayer said, “This is a sad and frankly pathetic attempt by Killian to distract from her and her Trump allies’ extremist pro-gun agenda of allowing more guns in our schools and allowing the NRA to control our state government.”

Mayer's handling of sexual misconduct claims

In April 2018, state Senate staffers Julia Lilkendey and Shana Wittenwyler accused Mayer of not acting to help them after they told her that they were being sexually harassed in 2011. Mayer was serving as chief counsel for the Senate Democrats at the time they made their complaints. Mayer said that she followed proper protocol after receiving the complaints and that Secretary of the Senate Angelo Aponte did not take action on them.

After the allegations were reported by the New York Daily News, Killian called for Mayer to resign from the state Assembly. She made this announcement in front of Mayer's campaign headquarters and, according to Lohud, fighting, physical and verbal, broke out among Mayer and Killian supporters.

Andrea Stewart-Cousins defended Mayer, saying, "Unfortunately this is the double standard that women in the workplace face — you can stand up for victims of sexual harassment, as Shelley did, only to be shot down by men in higher-ranking positions, then you still get blamed for not doing enough."

On April 17, Lilkendey and Wittenwyler filed a formal request with the Senate for an ethics investigation into Mayer's handling of their claims. In response, Mayer's spokesman said, "bringing a complaint against the woman who tried to help rather than the man who was actually responsible seems misguided, but every woman has a right to seek justice when she has been harassed."

Killian returns money to fundraiser following critical remarks about David Hogg

In April 2018, Julie Killian returned donations she received from Denise Ward after Ward tweeted out statements critical of David Hogg, a survivor of a February 2018 school shooting in Parkland, Florida, and advocate for increasing regulations on firearms.

After Hogg called for a boycott of Fox News host Laura Ingram, who criticized him for not being admitted into several colleges for which he applied, Ward tweeted, "Every time that idiotic Hogg person speaks I am compelled to do the opposite of whatever he's advocating, because it's so clear that he's nothing more than a tool & a drone."

Mayer's campaign criticized Killian for her association with Ward, saying, "No amount of campaign cash is worth appeasing those who attack children, let alone those who have survived a tragic school shooting."

Killian said she disagreed with Ward and that she returned her donations. She also tweeted, "We have thousands of supporters & I would guess there are one or two of [Mayer]'s supporters who also hold views w/whom she would wildly disagree."

District 37 context

Recent elections

State Sen. George Latimer (D) was first elected to the seat in 2012 after serving in the New York Assembly as the representative from District 91 since 2005. Before Latimer took the District 37 seat, it had been represented by Sen. Suzi Oppenheimer (D) since 1984. Latimer was elected as a Westchester County executive in November 2017, and he resigned as the District 37 senator in January 2017 in order to take that position.

In Latimer's three elections in 2012, 2014, and 2016, the results varied depending on whether or not it was a presidential election year. In the two presidential election years, 2012 and 2016, turnout for the race was at well over 100,000 voters and Latimer won by nearly or more than a double-digit percentage margin. In the lower turnout 2014 election, less than 75,000 voters turned out and Latimer's margin of victory was just 4.1 percent.

The chart below shows Latimer's margins of victory in terms of raw votes and the percentages of the vote in all three of his elections to the New York Senate.

2012, 2014, and 2016 elections for New York State Senate District 37
Election	Winning candidate	First place vote totals	Losing candidate	Second place vote totals	Vote totals	Difference
2016 election (vote totals)	George Latimer	73,116	Julie Killian	58,164	131,280	D+14,952
2016 election (percentages)	George Latimer	55.7 percent	Julie Killian	44.3 percent	-	D+11.4%
2014 election (vote totals)	George Latimer	38,092	Joseph Dillon	34,913	73,005	D+3,179
2014 election (percentages)	George Latimer	49.9 percent	Joseph Dillon	45.8 percent	-	D+4.1%
2012 election (vote totals)	George Latimer	64,236	Bob Cohen	54,574	118,810	D+9,662
2012 election (percentages)	George Latimer	54.1 percent	Bob Cohen	45.9 percent	-	D+8.2%

The chart below details the results of presidential elections in New York State Senate District 37. Barack Obama (D) defeated Mitt Romney (R) in 2012, and Hillary Clinton (D) defeated Donald Trump (R) in 2016. Obama's margin of victory was just nine points while Clinton's nearly 22 points.

2012 and 2016 presidential elections: New York State Senate District 37
Election	Democratic candidate	Republican candidate	Difference
2016 presidential election (vote totals)	82,736	52,381	D+21,162
2016 presidential election (percentages)	59.3 percent	37.4 percent	D+21.9%
2012 presidential election (vote totals)	69,756	58,155	D+11,601
2012 presidential election (percentages)	54.0 percent	45.0 percent	D+9.0%

Demographics

Following the state's 2012 redistricting, New York State Senate District 37 was located in Westchester County and included parts of the cities Yonkers, White Plains, New Rochelle, Bedford, North Castle, Harrison, Rye, and Mamaroneck.

According to Statistical Atlas in 2017, the district was 67.2 percent white, 18.7 percent Latino, 6.8 percent black, and 5.4 percent Asian. Its proportion of white and Latino residents were 9.4 percent and 2.0 percent greater than the state average, respectively, while its proportion of black and Asian residents were 8.9 percent and 2.2 percent lower, respectively.

As for educational attainment, 53.7 percent of the population had received a degree higher than a high school diploma, which was 12.1 percent higher than the state average of 41.6 percent. Only 35.3 percent of the population received just a high school diploma (compared to 43.5 percent of the state's population) and just 11 percent of the population received less education than a high school diploma (compared to nearly 15 percent of the state's population).

Control of the chamber in 2018

IDC and Mainline Democratic reunification

Prior to April 2018, factions in the New York State Senate included the mainline Democratic Party, the Republican Party, and an offshoot of the Democratic Party called the Independent Democratic Conference (IDC). Republicans controlled the chamber from 2012 to 2018 through an alliance with the IDC and Democrat Simcha Felder. In April 2018, the eight members of the IDC rejoined the mainline Democratic conference, but Felder stayed with the Republicans, giving them an effective 32-31 majority in the chamber.

In the September 13 Democratic primaries, progressive primary challengers defeated former IDC leader Jeff Klein and former IDC members Tony Avella, Jose Peralta, Jesse Hamilton, Marisol Alcantara, and David Valesky. Felder and former IDC members Diane Savino and David Carlucci won their primaries. Read more here.

Click here to see more about what happened with the IDC in late 2017 and early 2018

Klein In late 2017, Buffalo Mayor and New York Democratic Party Chairman Byron Brown began applying pressure to IDC leader Jeff Klein and mainline Democratic leader Andrea Stewart-Cousins to reunify their caucuses. If the two sides could not work together in the state Senate, the state party said it would run primary challengers against IDC members and possibly change up the leadership among the mainline Democrats. If they could, however, Klein and Stewart-Cousins were to hold co-leadership positions in a chamber controlled by a Democratic majority for the first time since 2010. Moreover, the IDC and the mainline Democrats would be able to approve the other side's deputies. According to the New York Times, this was important because Klein had a feud with state Sen. Michael Gianaris, who served as Stewart-Cousins' deputy and was an IDC critic. Stewart-Cousins Both Klein and Stewart-Cousins responded positively to the proposal and suggested that they were willing to work together in the 2018 legislative session. Stewart-Cousins told the New York Daily News that the proposed alliance depended on the outcome of special elections in 2018 where Democrats would need to replace two of their members--Ruben Diaz (D) and George Latimer (D)-- who resigned to take local elected positions in order to maintain a 32-31 numerical majority in the chamber. The special elections were scheduled for April 24, 2018. With the seats held by Latimer and Diaz vacant, Republicans held a 31-30 numerical majority in the chamber. She said that Democrats would also have to convince Simcha Felder (D) to end his alliance with Republicans and begin caucusing with Democrats. She said that if she was not the majority leader by the end of the 2018 legislative session, then the mainline Democrats and potentially the state party might back primary challenges against the IDC members. Felder Stewart-Cousins dismissed concerns that the Democrats would not be able to take control of the chamber from Republicans in the middle of the session due to a rule requiring 38 members to change leadership during a session. She said, “I think we will be in a position as the majority to make the rules." She also said she was not worried about a potential court challenge to a leadership change by Senate Republicans. In December 2017, Sen. Felder chose to remain with the Republicans until the state budget was passed (the deadline was at the end of March 2018), meaning Republicans would retain control of the chamber until at least mid-2018. Felder previously said that he would align with the party that focused on his legislative priorities, including securing funding for yeshivas and placing armed guards in New York City schools. On April 4, 2018, Klein and Stewart-Cousins agreed to reunify immediately in a new agreement proposed by Gov. Cuomo. The agreement was reached at a closed-door meeting at a Manhattan steakhouse on April 3, with leaders of the state's labor unions and U.S. Rep. Joe Crowley (R) both present. The agreement dissolved the IDC to dissolve and put Stewart-Cousins in charge of the Democratic conference, with Klein as her deputy. It was set to go forward regardless of whether Felder began caucusing with Democrats or if Democrats won the April 24 special elections. Following the reunification, Felder said he would continue caucusing with Republicans (giving them a one-seat majority even if Democrats won the April 24 special elections), but that he was still open to joining the new Democratic caucus. He said, “I don’t feel obligated to remain with the Republicans, or obligated to join the Democrats. I’m loyal to God, my wife and my constituents, and New Yorkers.” He also said, “I think it’s fair to say that I would have to feel a compelling reason to leave [the Republican caucus]." Felder later told City and State New York, "As someone with no allegiance to either party, I’d have to be an idiot to do anything now. How do my constituents gain? There’s an election coming up in a few weeks. So, either the Republicans win and I’m 33 and it certainly doesn’t make sense for me to move at that time. Or the Democrats win both seats and we’re back to the horse trading!" As of April 5, the seven IDC primary challengers still planned on running against the former IDC members in September. Jessica Ramos, who planned to challenge state Sen. Jose Peralta (D), said that she did not trust that the reunification would last. Alexandra Biaggi, who planned to challenge Klein, said that just because the IDC dissolved, it does not "[undo] the seven years of damage that has already occurred in New York state." Gov Cuomo said that the reunification deal prohibited incumbent state senators from backing primary challenges against other incumbents. On April 9, Klein held a fundraiser for members of the IDC to help them defend themselves against primary challengers. The funds went to the Senate Independence Campaign Committee, the fundraising arm of the former IDC members. The IDC was officially dissolved on April 16, 2018, when the state Senate convened in session. Four IDC members who held committee chairs under Republican leadership--Marisol Alcantara (Labor), David Carlucci (Consumer Protection), Jesse Hamilton (Banks), and Tony Avella (Children and Families)--were stripped of their posts. On April 24, the same day the special elections for the Latimer and Diaz seats were scheduled, Felder announced that he would remain in the Republican caucus regardless of the outcome. “I believe it is my obligation to prevent an unprecedented and uncertain late-session political battle that will only hurt my constituents and New Yorkers,” he said. “Political gamesmanship must not be allowed to jeopardize the leadership, committee structure and staff of the New York State Senate and push this institution into turmoil.” Democrats won both special elections on April 24, giving them a 32-31 numerical majority with Republicans still in control of the chamber through their alliance with Felder. In early May 2018, Buffalo Mayor Byron Brown and nine labor union leaders wrote a letter to state Senate Democratic leadership urging them to not support primary challenges against former IDC members. A spokesman for the Senate leadership said, "it has been clear for months that we are not supporting the primary opponents of our conference members." At the May 2018 New York Democratic Convention, Stewart-Cousins announced that she was endorsing all state Senate incumbents, including the former IDC members. On May 19, the Albany Times-Union reported that 39 IDC staffers lost their positions following the dissolution of the caucus. Of the 77 staffers who kept their jobs, 30 saw pay reductions.

Background

Click here to read more background on the conflict between the IDC and mainline Democrats

In 2008, Democrats took control of the New York State Senate for the first time since the 1964 elections with a 32-30 majority. They also took trifecta control of New York for the first time since the New Deal era. Democrats lost control of the Senate in the summer of 2018 due to defections in their caucus but later regained control when the defecting members returned to them. Republicans won a 32-30 majority in the 2010 elections and Andrew Cuomo (D) won the governorship. The Independent Democratic Caucus (IDC), a group of state Senate Democrats led by state Sen. Jeffrey Klein, broke away from the chamber's mainline Democrats the same week that Cuomo took office in early 2011. Prior to his departure from the mainline Democrats, Klein had been the second-ranking Democrat in the chamber. Following the 2012 elections, where Democrats regained a numerical majority in the chamber, the IDC entered into a power-sharing agreement with Senate Republicans where Klein and Republican leader Dean Skelos alternated as Senate president. Newly-elected Democrat Simcha Felder (D) began caucusing with the Republicans as well, although he was not part of the IDC. As part of the deal, Republican and IDC leaders were to have joint authority over bills, committee assignments, and budget negotiations. Klein also said that Republicans committed to allowing some Democratic priorities to receive a vote on the floor. After the alliance was announced, Gov. Cuomo did not call for Democratic control of the Senate, with his office saying, "The governor will withhold judgment until he sees how the Senate functions and acts on critical issues facing the state." Progressives argued that the IDC-Republican alliance in the Senate prevented the state from passing healthcare, housing, and immigration policies opposed by Republican senators. Progressives also accused Gov. Cuomo of enabling the alliance in order to suit his own policy goals and political ambitions, including a possible presidential run in 2020. In 2014, Klein announced that the IDC would rejoin with mainline Democrats in January 2015, citing the Republican-controlled Senate's inability to pass on the DREAM Act, increase the state's minimum wage, or allow for the public financing of elections. Gov. Cuomo, who was under pressure from the Working Families Party according to the New York Daily News, had called for the IDC to realign with the mainline Democrats and said he would campaign against them if they did not. Cuomo and New York Mayor Bill de Blasio both issued statements in support of the IDC realignment. Republicans ended up winning an outright majority in the 2014 elections, and Klein maintained the alliance that kept them as part of the majority. He said, “I think the Independent Democratic Conference is an important, stabilizing force in the State Senate.” Democrats won a 32-31 numerical majority in the 2016 elections, but the IDC and Felder again chose to align with Republicans, giving them effective control of the chamber. They now partnered with Republican leader John Flanagan. Skelos stepped down in May 2015 following his arrest on federal corruption charges. The IDC-Republican power-sharing agreement again looked tenuous in November 2017, as more state and national figures began calling for the IDC members to rejoin the mainline Democrats. In May 2017, Felder wrote a letter to Klein where he called for the IDC to return to the mainline Democratic caucus. He said he would possibly rejoin the mainline Democrats if the IDC did. The IDC criticized Felder's alliance with the Republicans in response. Mainline Democratic leader Andrea Stewart-Cousins and DNC Deputy Chairman and U.S. Rep. Keith Ellison (D-Minn.) also called for the IDC to return to the Democratic caucus.

Special election announcement

Gov. Andrew Cuomo (D) did not call the special elections to fill the seats held by Latimer and Bronx Councilman Ruben Diaz Sr. until April 24, even though they became empty in early January 2018. He was criticized by Democratic officials and activists for not calling the special elections sooner because the deadline to complete the state budget was March 31, 2018.

According to groups and observers, Cuomo delayed the special elections in order to keep the IDC-Republican Senate alliance in power during the state budget negotiations. These criticisms were not new as, according to Governing, progressives had long accused Cuomo of secretly approving of the IDC and its alliance with the GOP.

The editorial board of Lohud wrote the following:

“	Why would Cuomo, a Democrat, hold off calling for these elections, especially since both empty Senate seats were held by Democrats and are likely to go to Democrats? It's reportedly part of a deal to get the Senate Democrats to unify. Here's the play: Cuomo delays the special election until the Fiscal Year 2019 budget is all set; then the IDC drops its power-sharing deal with the Senate GOP; the IDC aligns with the mainstream Democrats in a similar power-sharing deal, which still gives Klein a seat at the table. Also part of the reported deal is a promise that mainstream Dems won't primary those IDC members, but individual Democrats are already balking at that. It's pretty clear what the Republicans get out of the deal: Power for just a bit longer, and through the budget crafting, which is when all the important stuff gets done. The IDC retains power beforehand and keeps power after. The Democrats get to finally take power in the Senate. But what does Cuomo get out of this deal, which ensures Republicans the potential power to muffle a so-called progressive agenda for FY 2019 that the governor's been shouting about? Maybe it's the ability to say "I tried" when it comes to passing things like ethics reform, a DREAM Act and other initiatives that would bolster his progressive cred in New York but possibly cramp his nationwide draw for a presidential bid. We don't really know. But here's what we do know: New Yorkers who live in the Senate and Assembly districts that will go unrepresented during Albany's all-important budget season should be angry by Cuomo's inaction on this issue. We are.	”

In response to questions by reporters about the special election call in December 2017, Cuomo said, “There are some that want it sooner, some that want it later, there’s some who don’t. Some would argue politicizing the budget isn’t the best idea. It’s a decision that we have to make next year in January.”

Footnotes

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