senate Bill S2107

2013-2014 Legislative Session

Creates the independent redistricting commission to establish senate, assembly and congressional districts

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A2086 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 19, 2013 delivered to secretary of state
Jan 23, 2013 returned to assembly
passed senate
3rd reading cal.2
substituted for s2107
Feb 15, 2013 opinion referred to judiciary
Jan 23, 2013 substituted by a2086
Jan 22, 2013 to attorney-general for opinion
Jan 14, 2013 ordered to third reading cal.2
Jan 11, 2013 to attorney-general for opinion
Jan 10, 2013 referred to rules

Votes

view votes

Co-Sponsors

S2107 - Bill Details

See Assembly Version of this Bill:
A2086
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 §§4 & 5, add §5-b, Constn
Versions Introduced in 2011-2012 Legislative Session:
S6698, A9526

S2107 - Bill Texts

view summary

Creates the independent redistricting commission to establish senate, assembly and congressional districts.

view sponsor memo
BILL NUMBER:S2107 REVISED 1/11/13

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 3 of the constitution, in relation
to the establishment of the independent redistricting commission

PURPOSE OR GENERAL IDEA OF BILL: This resolution, when passed a second
time in 2013 and if approved by the voters of New York State in 2014,
would amend the constitution to reform comprehensively the process and
substantive criteria used to establish new state legislative and
congressional district lines every ten years. Among other reforms, the
amendment would create an independent redistricting commission to draw
the legislative and congressional district lines; require that new
district lines be drawn in such manlier as to protect minority voting
rights and communities of interest and affirmatively explain
deviations from population equality for each district; require
extensive public hearings around the state and the commission's
release of all relevant data and draft plans to facilitate public
review and public drafting of proposed district lines; and establish
voting rules in both the commission and in each house of the
legislature to ensure that minority party conferences participate
fully in the process of drawing new lines.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 would amend sections 4 and 5
of article 3 of the constitution to establish a new and exclusive
process by which new state legislative and congressional districts
shall be drawn. A new independent redistricting commission, selected
pursuant to a new section 5-b of the same article, shall submit to the
legislature its proposed district plans, and the legislature, shall
vote upon them without amendment. If the legislature fails to pass
such plans twice, it may amend such plans arid then vote upon them.
Section 1 would further establish voting rules to govern each house's
vote upon the independent redistricting commission's plans that would
protect the minority conferences in each house and ensure the
integrity of the commission's plans by requiring approval by more than
a majority of members under certain circumstances. Section 1 would
establish substantive principles to govern the drafting and approval
of any district plans. Among other principles that would be followed
in drawing such district lines, this section would require: (1) the
commission to consider whether proposed lines would deny or abridge
racial or language minority voting rights; (2) no districts be drawn
to have the purpose of, or result in, such denial or abridgement; (3)
districts be drawn so that racial or language minority groups do not
have less opportunity to Participate in the political process than
other members of the electorate and to elect representatives of their
choice; (4) districts not be drawn to discourage competition or for
the purpose of favoring or disfavoring incumbents or other particular
candidates or political parties; (5) the commission consider the
maintenance of cores of existing districts, of pre-existing Political
subdivisions, and of communities of interest; (6) districts contain as
nearly as may be an equal number of inhabitants and any deviation in a
district shall be explained specifically by the commission; and (7)
districts be contiguous and as compact in form as practicable.

The amendments would require the commission to hold extensive public
hearings across the state in specified cities and counties, and to


make its drafts and relevant data widely available via the best
available technology. Section 1 would amend the judicial review
provision of this article to establish a 60-day deadline for decisions
in this area, to establish that a court may find a district plan
invalid in whole or in part if it has been drawn in violation of this
article, and to provide that the court shall provide the legislature
an opportunity to address such legal infirmity in the first instance.

A new section 5-b is added to establish the nature and structure of
the independent redistricting commission. Specifically, the commission
would consist of ten members: two appointees by each of the four
legislative leaders and then two appointees selected by the majority
of those eight members such that least one appointee made by either of
the Assembly or Senate minority leaders must approve those two
members. Neither of those two members may have been enrolled members
of either of the two major political parties in New York State in the
last five years. The amendment further requires that the appointing
authorities shall consult with organizations devoted to protecting the
voting rights of minority and other voters concerning their
appointments. The commission members must be registered voters in New
York State, but not have been in the last three years (a) members of
the state legislature or congress ox a statewide official or the
spouse of any of these elected officials, (b) a state officer or
employee or legislative employee; (c) a registered lobbyist; or (d) a
political party chairman.

To approve a redistricting plan, the independent redistricting
commission would need to obtain the vote of at least seven of its ten
members in support of the plan. In the event that the commission is
unable to obtain seven votes to approve a redistricting plan, the
commission would have to submit to the legislature that plan (or
plans, if two or more plans garnered an equal number of votes) that
garnered the highest number of votes in support of its approval. The
independent redistricting commission would appoint two co-executive
directors of the commission by approval of a majority of the members
of the commission; and the co-executive directors would appoint
commission staff.

Section 2 provides that the foregoing amendment be referred to the
people for approval at the general election in 2014.

JUSTIFICATION: The proposed constitutional amendment would implement
historic changes to achieve a fair and readily transparent process by
which to draw the lines of state legislative and congressional
districts. It will reform that process to introduce greater
independence, and guarantees the application of substantive criteria
that protect minority voting rights, communities of interest, and
rational line-drawing.

Adoption of this constitutional amendment will ensure that the drawing
of legislative district lines in New York will be done by a
bipartisan, independent body. By adopting a constitutional amendment
the process will be substantively and fundamentally changed for the
future.

For the first time, both the majority and minority parties in the
legislature will have an equal role in the process of drawing lines.


Members of the commission charged with drawing the lines will have to
meet strict criteria to ensure that they are independent. The process
for adoption of the lines is explicitly laid out in the amendment to
provide transparency and predictability to the process.

Just as important, the enactment of the constitutional amendment will
give the voters of New York a voice in the adoption of this new
process and by enshrining it in the constitution, ensure that the
Process will not be changed without due considerations. The principle
of fair and open elections will be furthered by the adoption of this
amendment. This far-reaching reform will set the standard for
independent redistricting throughout the United States and provide a
template for other states to follow.

PRIOR LEGISLATIVE HISTORY: S.6698 (Skelos) - passed Senate in 2012;
first legislative passage of the provisions.

FISCAL. IMPLICATIONS: This amendment is not expected to have a
significant impact on the State's budget.

EFFECTIVE DATE: RESOLVED (if the Assembly concurs), That the foregoing
amendment be submitted to the people for approval at the general
election to be held in the year 2014 in accordance with the provisions
of the election law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2107

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced by Sens. SKELOS, KLEIN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an amendment to article 3 of the constitution, in relation to
  the establishment of the independent redistricting commission

  Section 1. Resolved (if the Assembly concur), That sections 4 and 5 of
article 3 of the constitution be amended, and a new section 5-b be added
to read as follows:
  S 4. (A) Except as herein otherwise provided, the federal census taken
in the year nineteen hundred thirty and each federal census taken decen-
nially thereafter shall be controlling as to the number  of  inhabitants
in  the  state or any part thereof for the purposes of the apportionment
of members of assembly and readjustment  or  alteration  of  senate  and
assembly  districts  next  occurring,  in  so far as such census and the
tabulation thereof purport to give the information  necessary  therefor.
The  legislature, by law, shall provide for the making and tabulation by
state authorities of an enumeration of the  inhabitants  of  the  entire
state  to be used for such purposes, instead of a federal census, if the
taking of a federal census in any tenth  year  from  the  year  nineteen
hundred  thirty  be  omitted  or if the federal census fails to show the
number of aliens or Indians not  taxed.  If  a  federal  census,  though
giving the requisite information as to the state at large, fails to give
the  information  as  to  any  civil  or  territorial divisions which is
required to be known for such purposes, the legislature, by  law,  shall
provide  for such an enumeration of the inhabitants of such parts of the
state only as may be necessary, which shall supersede in part the feder-
al census and be used in connection therewith for such  purposes.    The
legislature, by law, may provide in its discretion for an enumeration by
state  authorities  of the inhabitants of the state, to be used for such
purposes, in place of a federal census, when the return of  a  decennial
federal  census  is delayed so that it is not available at the beginning
of the regular session of the legislature in the second year  after  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89085-01-3

S. 2107                             2

year nineteen hundred thirty or after any tenth year therefrom, or if an
apportionment  of  members of assembly and readjustment or alteration of
senate districts is not made at or before such a session. At the regular
session  in the year nineteen hundred thirty-two, and at the first regu-
lar session after the year nineteen hundred forty and after  each  tenth
year  therefrom the senate districts shall be readjusted or altered, but
if, in any decade, counting from and including that  which  begins  with
the  year nineteen hundred thirty-one, such a readjustment or alteration
is not made at the time above prescribed, it shall be made at  a  subse-
quent  session  occurring  not later than the sixth year of such decade,
meaning not later than nineteen  hundred  thirty-six,  nineteen  hundred
forty-six,  nineteen  hundred  fifty-six,  and so on; provided, however,
that if such districts shall have been readjusted or altered by  law  in
either  of the years nineteen hundred thirty or nineteen hundred thirty-
one, they shall remain unaltered until the first regular  session  after
the  year nineteen hundred forty. [Such districts shall be so readjusted
or altered that each senate district shall contain as nearly as  may  be
an  equal  number of inhabitants, excluding aliens, and be in as compact
form as practicable, and shall remain unaltered until the first year  of
the  next  decade  as  above  defined, and shall at all times consist of
contiguous territory, and no county shall be divided in the formation of
a senate district except to make two or more senate districts wholly  in
such  county.]  No  town, except a town having more than a full ratio of
apportionment, and no block in a city  inclosed  by  streets  or  public
ways,  shall be divided in the formation of senate districts[; nor shall
any]. IN THE REAPPORTIONMENT OF  SENATE  DISTRICTS,  NO  district  SHALL
contain a greater excess in population over an adjoining district in the
same  county,  than  the population of a town or block therein adjoining
such district. Counties, towns or blocks which, from their location, may
be included in either of two districts, shall be so placed  as  to  make
said  districts  most  nearly  equal in number of inhabitants, excluding
aliens.
  No county shall have four or more senators unless it shall have a full
ratio for each senator. No county shall have more than one-third of  all
the senators; and no two counties or the territory thereof as now organ-
ized,  which  are  adjoining  counties,  or  which are separated only by
public waters, shall have more than one-half of all the senators.
  (B) THE INDEPENDENT REDISTRICTING COMMISSION ESTABLISHED  PURSUANT  TO
SECTION  FIVE-B  OF  THIS  ARTICLE SHALL PREPARE A REDISTRICTING PLAN TO
ESTABLISH SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS EVERY TEN  YEARS
COMMENCING  IN TWO THOUSAND TWENTY-ONE, AND SHALL SUBMIT TO THE LEGISLA-
TURE SUCH PLAN AND THE IMPLEMENTING LEGISLATION THEREFOR  ON  OR  BEFORE
JANUARY  FIRST  OR  AS  SOON AS PRACTICABLE THEREAFTER BUT NO LATER THAN
JANUARY FIFTEENTH IN THE YEAR ENDING IN TWO BEGINNING  IN  TWO  THOUSAND
TWENTY-TWO.    THE  REDISTRICTING  PLANS FOR THE ASSEMBLY AND THE SENATE
SHALL BE CONTAINED IN AND VOTED UPON BY  THE  LEGISLATURE  IN  A  SINGLE
BILL,  AND  THE  CONGRESSIONAL DISTRICT PLAN MAY BE INCLUDED IN THE SAME
BILL IF THE LEGISLATURE CHOOSES TO DO SO.  THE IMPLEMENTING  LEGISLATION
SHALL  BE  VOTED  UPON, WITHOUT AMENDMENT, BY THE SENATE OR THE ASSEMBLY
AND IF APPROVED BY THE FIRST HOUSE  VOTING  UPON  IT,  SUCH  LEGISLATION
SHALL BE DELIVERED TO THE OTHER HOUSE IMMEDIATELY TO BE VOTED UPON WITH-
OUT  AMENDMENT.    IF APPROVED BY BOTH HOUSES, SUCH LEGISLATION SHALL BE
PRESENTED TO THE GOVERNOR FOR ACTION.
  IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE
FIRST REDISTRICTING PLAN, OR THE GOVERNOR SHALL  VETO  SUCH  LEGISLATION
AND  THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO, EACH HOUSE OR THE

S. 2107                             3

GOVERNOR IF HE OR SHE VETOES IT, SHALL NOTIFY THE COMMISSION  THAT  SUCH
LEGISLATION HAS BEEN DISAPPROVED.  WITHIN FIFTEEN DAYS OF SUCH NOTIFICA-
TION AND IN NO CASE LATER THAN FEBRUARY TWENTY-EIGHTH, THE REDISTRICTING
COMMISSION  SHALL  PREPARE AND SUBMIT TO THE LEGISLATURE A SECOND REDIS-
TRICTING PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH  PLAN.
SUCH  LEGISLATION  SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY THE SENATE
OR THE ASSEMBLY AND, IF APPROVED BY THE FIRST HOUSE VOTING UPON IT, SUCH
LEGISLATION SHALL BE DELIVERED TO THE  OTHER  HOUSE  IMMEDIATELY  TO  BE
VOTED  UPON  WITHOUT AMENDMENT.  IF APPROVED BY BOTH HOUSES, SUCH LEGIS-
LATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION.
  IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE
SECOND REDISTRICTING PLAN, OR THE GOVERNOR SHALL VETO  SUCH  LEGISLATION
AND  THE  LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO, EACH HOUSE SHALL
INTRODUCE SUCH IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS  EACH  HOUSE
OF  THE  LEGISLATURE DEEMS NECESSARY.   ALL SUCH AMENDMENTS SHALL COMPLY
WITH THE PROVISIONS OF THIS ARTICLE.  IF APPROVED BY BOTH  HOUSES,  SUCH
LEGISLATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION.
  ALL  VOTES  BY THE SENATE OR ASSEMBLY ON ANY REDISTRICTING PLAN LEGIS-
LATION PURSUANT TO THIS ARTICLE SHALL BE CONDUCTED  IN  ACCORDANCE  WITH
THE FOLLOWING RULES:
  (1)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
COMMISSION PURSUANT TO SUBDIVISION (F) OF SECTION FIVE-B OF THIS ARTICLE
SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST A  MAJORITY
OF THE MEMBERS ELECTED TO EACH HOUSE.
  (2)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
COMMISSION PURSUANT TO SUBDIVISION (G) OF SECTION FIVE-B OF THIS ARTICLE
SHALL REQUIRE THE VOTE IN SUPPORT OF  ITS  PASSAGE  BY  AT  LEAST  SIXTY
PERCENT OF THE MEMBERS ELECTED TO EACH HOUSE.
  (3)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE  SENATE  ARE  MEMBERS  OF  THE  SAME  POLITICAL  PARTY,
APPROVAL  OF  LEGISLATION  SUBMITTED  BY  THE  INDEPENDENT REDISTRICTING
COMMISSION PURSUANT TO SUBDIVISION (F) OR (G) OF SECTION FIVE-B OF  THIS
ARTICLE  SHALL  REQUIRE  THE  VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST
TWO-THIRDS OF THE MEMBERS ELECTED TO EACH HOUSE.
  (C) SUBJECT TO THE REQUIREMENTS OF THE FEDERAL CONSTITUTION AND  STAT-
UTES  AND  IN  COMPLIANCE  WITH  STATE  CONSTITUTIONAL REQUIREMENTS, THE
FOLLOWING PRINCIPLES SHALL BE USED IN THE CREATION OF STATE  SENATE  AND
STATE ASSEMBLY DISTRICTS AND CONGRESSIONAL DISTRICTS:
  (1) WHEN DRAWING DISTRICT LINES, THE COMMISSION SHALL CONSIDER WHETHER
SUCH  LINES  WOULD  RESULT  IN  THE  DENIAL  OR ABRIDGEMENT OF RACIAL OR
LANGUAGE MINORITY VOTING RIGHTS, AND DISTRICTS SHALL  NOT  BE  DRAWN  TO
HAVE THE PURPOSE OF, NOR SHALL THEY RESULT IN, THE DENIAL OR ABRIDGEMENT
OF  SUCH RIGHTS. DISTRICTS SHALL BE DRAWN SO THAT, BASED ON THE TOTALITY
OF THE CIRCUMSTANCES, RACIAL OR MINORITY LANGUAGE  GROUPS  DO  NOT  HAVE
LESS  OPPORTUNITY  TO  PARTICIPATE  IN  THE POLITICAL PROCESS THAN OTHER
MEMBERS OF THE ELECTORATE AND TO ELECT REPRESENTATIVES OF THEIR CHOICE.
  (2) TO THE EXTENT PRACTICABLE, DISTRICTS SHALL CONTAIN  AS  NEARLY  AS
MAY  BE AN EQUAL NUMBER OF INHABITANTS.  FOR EACH DISTRICT THAT DEVIATES
FROM THIS REQUIREMENT, THE COMMISSION SHALL PROVIDE  A  SPECIFIC  PUBLIC
EXPLANATION AS TO WHY SUCH DEVIATION EXISTS.
  (3) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY.
  (4) EACH DISTRICT SHALL BE AS COMPACT IN FORM AS PRACTICABLE.

S. 2107                             4

  (5)  DISTRICTS SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR FOR THE
PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS OR OTHER PARTICULAR CANDI-
DATES OR POLITICAL PARTIES. THE COMMISSION SHALL  CONSIDER  THE  MAINTE-
NANCE OF CORES OF EXISTING DISTRICTS, OF PRE-EXISTING POLITICAL SUBDIVI-
SIONS,  INCLUDING  COUNTIES,  CITIES,  AND  TOWNS, AND OF COMMUNITIES OF
INTEREST.
  (6) IN DRAWING SENATE DISTRICTS, TOWNS OR  BLOCKS  WHICH,  FROM  THEIR
LOCATION  MAY BE INCLUDED IN EITHER OF TWO DISTRICTS, SHALL BE SO PLACED
AS TO MAKE SAID DISTRICTS MOST NEARLY EQUAL IN  NUMBER  OF  INHABITANTS.
THE  REQUIREMENTS THAT SENATE DISTRICTS NOT DIVIDE COUNTIES OR TOWNS, AS
WELL AS THE 'BLOCK-ON-BORDER' AND 'TOWN-ON-BORDER' RULES,  SHALL  REMAIN
IN EFFECT.
  DURING  THE  PREPARATION  OF  THE  REDISTRICTING PLAN, THE INDEPENDENT
REDISTRICTING COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC  HEARING
ON  PROPOSALS  FOR THE REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLA-
TIVE DISTRICTS IN EACH OF THE FOLLOWING  (I)  CITIES:  ALBANY,  BUFFALO,
SYRACUSE,  ROCHESTER, AND WHITE PLAINS; AND (II) COUNTIES: BRONX, KINGS,
NEW YORK, QUEENS, RICHMOND, NASSAU, AND  SUFFOLK.  NOTICE  OF  ALL  SUCH
HEARINGS  SHALL  BE  WIDELY PUBLISHED USING THE BEST AVAILABLE MEANS AND
MEDIA A REASONABLE TIME BEFORE EVERY HEARING. AT LEAST THIRTY DAYS PRIOR
TO THE FIRST PUBLIC HEARING AND IN ANY EVENT  NO  LATER  THAN  SEPTEMBER
FIFTEENTH  OF THE YEAR ENDING IN ONE OR AS SOON AS PRACTICABLE THEREAFT-
ER, THE INDEPENDENT REDISTRICTING COMMISSION SHALL MAKE WIDELY AVAILABLE
TO THE PUBLIC, IN PRINT FORM AND USING THE  BEST  AVAILABLE  TECHNOLOGY,
ITS  DRAFT  REDISTRICTING PLANS, RELEVANT DATA, AND RELATED INFORMATION.
SUCH PLANS, DATA, AND INFORMATION SHALL BE IN A  FORM  THAT  ALLOWS  AND
FACILITATES THEIR USE BY THE PUBLIC TO REVIEW, ANALYZE, AND COMMENT UPON
SUCH  PLANS AND TO DEVELOP ALTERNATIVE REDISTRICTING PLANS FOR PRESENTA-
TION TO THE COMMISSION AT THE PUBLIC HEARINGS.  THE  INDEPENDENT  REDIS-
TRICTING  COMMISSION  SHALL  REPORT THE FINDINGS OF ALL SUCH HEARINGS TO
THE LEGISLATURE UPON SUBMISSION OF A REDISTRICTING PLAN.
  (D) The ratio for apportioning senators shall always  be  obtained  by
dividing  the number of inhabitants, excluding aliens, by fifty, and the
senate shall always be composed of fifty members,  except  that  if  any
county  having  three  or more senators at the time of any apportionment
shall be entitled on such ratio to an additional  senator  or  senators,
such  additional  senator  or  senators shall be given to such county in
addition to the fifty senators, and the whole number of  senators  shall
be increased to that extent.
  The  senate  districts,  including the present ones, as existing imme-
diately before the enactment of a law readjusting or altering the senate
districts, shall continue to be the senate districts of the state  until
the  expirations of the terms of the senators then in office, except for
the purpose of an election of senators for full terms beginning at  such
expirations, and for the formation of assembly districts.
  (E)  THE PROCESS FOR REDISTRICTING CONGRESSIONAL AND STATE LEGISLATIVE
DISTRICTS ESTABLISHED BY THIS SECTION AND SECTIONS FIVE  AND  FIVE-B  OF
THIS  ARTICLE  SHALL  GOVERN  REDISTRICTING  IN THIS STATE EXCEPT TO THE
EXTENT THAT A COURT IS REQUIRED TO ORDER THE ADOPTION OF, OR CHANGES TO,
A REDISTRICTING PLAN AS A REMEDY FOR A VIOLATION OF LAW.
  A REAPPORTIONMENT PLAN AND THE DISTRICTS CONTAINED IN SUCH PLAN  SHALL
BE IN FORCE UNTIL THE EFFECTIVE DATE OF A PLAN BASED UPON THE SUBSEQUENT
FEDERAL  DECENNIAL CENSUS TAKEN IN A YEAR ENDING IN ZERO UNLESS MODIFIED
PURSUANT TO COURT ORDER.
  S 5. The members of the assembly shall be chosen by  single  districts
and  shall  be apportioned [by the legislature] PURSUANT TO THIS SECTION

S. 2107                             5

AND SECTIONS FOUR AND FIVE-B OF THIS ARTICLE at each regular session  at
which  the  senate  districts are readjusted or altered, and by the same
law, among the several counties of  the  state,  as  nearly  as  may  be
according  to  the  number  of  their  respective inhabitants, excluding
aliens. Every county heretofore established  and  separately  organized,
except the county of Hamilton, shall always be entitled to one member of
assembly, and no county shall hereafter be erected unless its population
shall  entitle  it  to a member. The county of Hamilton shall elect with
the county of Fulton, until the population of  the  county  of  Hamilton
shall,  according to the ratio, entitle it to a member. But the legisla-
ture may abolish the said county of Hamilton  and  annex  the  territory
thereof to some other county or counties.
  The  quotient  obtained by dividing the whole number of inhabitants of
the state, excluding aliens, by the number of members of assembly, shall
be the ratio for apportionment, which shall  be  made  as  follows:  One
member  of  assembly  shall  be  apportioned  to every county, including
Fulton and Hamilton as one county, containing less than  the  ratio  and
one-half  over.  Two members shall be apportioned to every other county.
The remaining members of assembly shall be apportioned to  the  counties
having  more  than  two  ratios  according to the number of inhabitants,
excluding aliens. Members apportioned on remainders shall be apportioned
to the counties having the  highest  remainders  in  the  order  thereof
respectively. No county shall have more members of assembly than a coun-
ty having a greater number of inhabitants, excluding aliens.
  The  assembly districts, including the present ones, as existing imme-
diately before the enactment of a law making an apportionment of members
of assembly among the  counties,  shall  continue  to  be  the  assembly
districts of the state until the expiration of the terms of members then
in  office, except for the purpose of an election of members of assembly
for full terms beginning at such expirations.
  In any county entitled to more than one member, the board of  supervi-
sors,  and in any city embracing an entire county and having no board of
supervisors, the common council, or if there be none, the body  exercis-
ing  the powers of a common council, shall assemble at such times as the
legislature making an apportionment shall  prescribe,  and  divide  such
counties  into  assembly districts as nearly equal in number of inhabit-
ants, excluding aliens, as may be, of convenient and contiguous territo-
ry in as compact form as practicable, each  of  which  shall  be  wholly
within  a  senate district formed under the same apportionment, equal to
the number of members of assembly to which such county  shall  be  enti-
tled,  and  shall  cause  to  be filed in the office of the secretary of
state and of the clerk of such county, a description of such  districts,
specifying  the  number of each district and of the inhabitants thereof,
excluding aliens, according to the census or  enumeration  used  as  the
population  basis  for  the formation of such districts; and such appor-
tionment and districts shall remain unaltered until after the next reap-
portionment of members of assembly, except that the board of supervisors
of any county containing a town having more than a ratio  of  apportion-
ment  and  one-half  over  may  alter the assembly districts in a senate
district containing such town at any time  on  or  before  March  first,
nineteen  hundred  forty-six.  In  counties  having more than one senate
district, the same number of assembly districts shall  be  put  in  each
senate  district, unless the assembly districts cannot be evenly divided
among the senate districts of any county, in which case one more  assem-
bly  district  shall be put in the senate district in such county having
the largest, or one less assembly district shall be put  in  the  senate

S. 2107                             6

district  in  such  county  having  the  smallest number of inhabitants,
excluding aliens, as the case may  require.  [No  town,  except  a  town
having  more  than  a  ratio  of apportionment and one-half over, and no
block  in a city inclosed by streets or public ways, shall be divided in
the formation of assembly districts, nor shall any districts  contain  a
greater  excess  in  population  over  an adjoining district in the same
senate district, than the population of a town or block therein  adjoin-
ing  such  assembly district. Towns or blocks which, from their location
may be included in either of two districts, shall be  so  placed  as  to
make  said districts most nearly equal in number of inhabitants, exclud-
ing aliens.] Nothing in this section shall prevent the division, at  any
time,  of counties and towns and the erection of new towns by the legis-
lature.
  An apportionment by the legislature, or other body, shall  be  subject
to  review  by the supreme court, at the suit of any citizen, under such
reasonable regulations as the legislature may prescribe; and  any  court
before  which  a  cause may be pending involving an apportionment, shall
give precedence thereto over all other causes and  proceedings,  and  if
said  court be not in session it shall convene promptly for the disposi-
tion of the same.  THE COURT SHALL RENDER ITS DECISION WITHIN SIXTY DAYS
AFTER A PETITION IS FILED. IN ANY JUDICIAL PROCEEDING RELATING TO REDIS-
TRICTING OF CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS, ANY LAW ESTAB-
LISHING CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS  FOUND  TO  VIOLATE
THE  PROVISIONS OF THIS ARTICLE SHALL BE INVALID IN WHOLE OR IN PART. IN
THE EVENT THAT A COURT FINDS SUCH A  VIOLATION,  THE  LEGISLATURE  SHALL
HAVE  A  FULL  AND  REASONABLE  OPPORTUNITY  TO  CORRECT THE LAW'S LEGAL
INFIRMITIES.
  S 5-B. (A) ON OR BEFORE FEBRUARY FIRST OF EACH YEAR ENDING WITH A ZERO
AND AT ANY OTHER TIME A COURT ORDERS THAT CONGRESSIONAL OR STATE  LEGIS-
LATIVE  DISTRICTS  BE  AMENDED,  AN INDEPENDENT REDISTRICTING COMMISSION
SHALL BE ESTABLISHED TO DETERMINE THE DISTRICT LINES  FOR  CONGRESSIONAL
AND  STATE LEGISLATIVE OFFICES. THE INDEPENDENT REDISTRICTING COMMISSION
SHALL BE COMPOSED OF TEN MEMBERS, APPOINTED AS FOLLOWS:
  (1) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
SENATE;
  (2) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (3)  TWO  MEMBERS  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (4) TWO MEMBERS SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY;
  (5)  TWO  MEMBERS  SHALL  BE  APPOINTED BY THE EIGHT MEMBERS APPOINTED
PURSUANT TO PARAGRAPHS (1) THROUGH (4) OF THIS SUBDIVISION BY A VOTE  OF
NOT  LESS  THAN FIVE MEMBERS IN FAVOR OF SUCH APPOINTMENT, AND THESE TWO
MEMBERS SHALL NOT HAVE BEEN ENROLLED IN  THE  PRECEDING  FIVE  YEARS  IN
EITHER  OF  THE TWO POLITICAL PARTIES THAT CONTAIN THE LARGEST OR SECOND
LARGEST NUMBER OF ENROLLED VOTERS WITHIN THE STATE;
  (6) ONE MEMBER SHALL BE DESIGNATED CHAIR OF THE COMMISSION BY A MAJOR-
ITY OF THE MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (1) THROUGH  (5)  OF
THIS SUBDIVISION TO CONVENE AND PRESIDE OVER EACH MEETING OF THE COMMIS-
SION.
  (B)  THE  MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE
REGISTERED VOTERS IN THIS STATE. NO MEMBER SHALL WITHIN THE  LAST  THREE
YEARS:
  (1)  BE  OR  HAVE  BEEN  A MEMBER OF THE NEW YORK STATE LEGISLATURE OR
UNITED STATES CONGRESS OR A STATEWIDE ELECTED OFFICIAL;

S. 2107                             7

  (2) BE OR HAVE BEEN A STATE OFFICER OR EMPLOYEE OR LEGISLATIVE EMPLOY-
EE AS DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
  (3) BE OR HAVE BEEN A REGISTERED LOBBYIST IN NEW YORK STATE;
  (4)  BE  OR  HAVE BEEN A POLITICAL PARTY CHAIRMAN, AS DEFINED IN PARA-
GRAPH (K) OF SUBDIVISION ONE OF  SECTION  SEVENTY-THREE  OF  THE  PUBLIC
OFFICERS LAW;
  (5)  BE THE SPOUSE OF A STATEWIDE ELECTED OFFICIAL OR OF ANY MEMBER OF
THE UNITED STATES CONGRESS, OR OF THE STATE LEGISLATURE.
  (C) TO THE EXTENT PRACTICABLE, THE MEMBERS OF THE  INDEPENDENT  REDIS-
TRICTING COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS OF THIS
STATE  WITH  REGARD TO RACE, ETHNICITY, GENDER, LANGUAGE, AND GEOGRAPHIC
RESIDENCE AND TO THE EXTENT PRACTICABLE THE APPOINTING AUTHORITIES SHALL
CONSULT WITH ORGANIZATIONS DEVOTED TO PROTECTING THE  VOTING  RIGHTS  OF
MINORITY AND OTHER VOTERS CONCERNING POTENTIAL APPOINTEES TO THE COMMIS-
SION.
  (D)  VACANCIES  IN  THE  MEMBERSHIP  OF THE COMMISSION SHALL BE FILLED
WITHIN THIRTY DAYS IN THE MANNER PROVIDED FOR IN THE  ORIGINAL  APPOINT-
MENTS.
  (E)  THE  LEGISLATURE SHALL PROVIDE BY LAW FOR THE COMPENSATION OF THE
MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION,  INCLUDING  COMPEN-
SATION  FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
THEIR DUTIES.
  (F) A MINIMUM OF FIVE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMIS-
SION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF  ANY  BUSINESS  OR
THE EXERCISE OF ANY POWER OF SUCH COMMISSION PRIOR TO THE APPOINTMENT OF
THE TWO COMMISSION MEMBERS APPOINTED PURSUANT TO PARAGRAPH (5) OF SUBDI-
VISION (A) OF THIS SECTION, AND A MINIMUM OF SEVEN MEMBERS SHALL CONSTI-
TUTE A QUORUM AFTER SUCH MEMBERS HAVE BEEN APPOINTED, AND NO EXERCISE OF
ANY  POWER OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL OCCUR WITH-
OUT THE AFFIRMATIVE VOTE OF AT LEAST A MAJORITY OF THE MEMBERS, PROVIDED
THAT, IN ORDER TO APPROVE ANY REDISTRICTING PLAN AND IMPLEMENTING LEGIS-
LATION, THE FOLLOWING RULES SHALL APPLY:
  (1) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY  AND  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE  ARE  MEMBERS  OF  THE  SAME POLITICAL PARTY,
APPROVAL OF A REDISTRICTING PLAN AND  IMPLEMENTING  LEGISLATION  BY  THE
COMMISSION  FOR  SUBMISSION TO THE LEGISLATURE SHALL REQUIRE THE VOTE IN
SUPPORT OF ITS APPROVAL BY AT LEAST SEVEN MEMBERS INCLUDING AT LEAST ONE
MEMBER APPOINTED BY EACH OF THE LEGISLATIVE LEADERS.
  (2) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY  AND  THE  TEMPORARY
PRESIDENT  OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES,
APPROVAL OF A REDISTRICTING PLAN BY THE COMMISSION FOR SUBMISSION TO THE
LEGISLATURE SHALL REQUIRE THE VOTE IN SUPPORT  OF  ITS  APPROVAL  BY  AT
LEAST  SEVEN  MEMBERS  INCLUDING  AT  LEAST  ONE MEMBER APPOINTED BY THE
SPEAKER OF THE ASSEMBLY AND ONE MEMBER APPOINTED BY THE TEMPORARY PRESI-
DENT OF THE SENATE.
  (G) IN THE EVENT THAT THE COMMISSION IS UNABLE TO OBTAIN  SEVEN  VOTES
TO  APPROVE  A REDISTRICTING PLAN ON OR BEFORE JANUARY FIRST IN THE YEAR
ENDING IN TWO OR AS SOON AS PRACTICABLE THEREAFTER, THE COMMISSION SHALL
SUBMIT TO THE  LEGISLATURE  THAT  REDISTRICTING  PLAN  AND  IMPLEMENTING
LEGISLATION  THAT GARNERED THE HIGHEST NUMBER OF VOTES IN SUPPORT OF ITS
APPROVAL BY THE COMMISSION WITH A RECORD OF THE VOTES  TAKEN.    IN  THE
EVENT  THAT  MORE  THAN  ONE  PLAN RECEIVED THE SAME NUMBER OF VOTES FOR
APPROVAL, AND SUCH NUMBER WAS HIGHER THAN THAT FOR ANY OTHER PLAN,  THEN
THE  COMMISSION  SHALL  SUBMIT  ALL  PLANS  THAT OBTAINED SUCH NUMBER OF
VOTES.  THE LEGISLATURE SHALL CONSIDER AND VOTE UPON  SUCH  IMPLEMENTING

S. 2107                             8

LEGISLATION IN ACCORDANCE WITH THE VOTING RULES SET FORTH IN SUBDIVISION
(B) OF SECTION FOUR OF THIS ARTICLE.
  (H)  (1)  THE  INDEPENDENT  REDISTRICTING COMMISSION SHALL APPOINT TWO
CO-EXECUTIVE DIRECTORS BY A MAJORITY VOTE OF THE COMMISSION  IN  ACCORD-
ANCE WITH THE FOLLOWING PROCEDURE:
  (I)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
THE  CO-EXECUTIVE  DIRECTORS  SHALL  BE  APPROVED  BY  A MAJORITY OF THE
COMMISSION THAT INCLUDES AT LEAST ONE APPOINTEE BY THE  SPEAKER  OF  THE
ASSEMBLY  AND  AT  LEAST ONE APPOINTEE BY THE TEMPORARY PRESIDENT OF THE
SENATE.
  (II) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE  ARE MEMBERS OF THE SAME POLITICAL PARTY, THE
CO-EXECUTIVE DIRECTORS SHALL BE APPROVED BY A MAJORITY OF THE COMMISSION
THAT INCLUDES AT LEAST ONE APPOINTEE BY EACH OF THE LEGISLATIVE LEADERS.
  (2) ONE OF THE CO-EXECUTIVE DIRECTORS SHALL BE ENROLLED IN  THE  POLI-
TICAL PARTY WITH THE HIGHEST NUMBER OF ENROLLED MEMBERS IN THE STATE AND
ONE  SHALL  BE  ENROLLED  IN THE POLITICAL PARTY WITH THE SECOND HIGHEST
NUMBER OF ENROLLED MEMBERS IN  THE  STATE.  THE  CO-EXECUTIVE  DIRECTORS
SHALL  APPOINT  SUCH  STAFF AS ARE NECESSARY TO PERFORM THE COMMISSION'S
DUTIES, EXCEPT THAT THE COMMISSION SHALL REVIEW A STAFFING PLAN PREPARED
AND PROVIDED BY THE CO-EXECUTIVE DIRECTORS WHICH SHALL CONTAIN A LIST OF
THE VARIOUS POSITIONS AND THE DUTIES, QUALIFICATIONS, AND SALARIES ASSO-
CIATED WITH EACH POSITION.
  (3) IN THE EVENT THAT THE COMMISSION IS UNABLE TO APPOINT ONE OR  BOTH
OF  THE  CO-EXECUTIVE DIRECTORS WITHIN FORTY-FIVE DAYS OF THE ESTABLISH-
MENT OF A QUORUM OF SEVEN COMMISSIONERS, THE FOLLOWING  PROCEDURE  SHALL
BE FOLLOWED:
  (I)  IN  THE  EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL  PARTIES,
WITHIN TEN DAYS THE SPEAKER'S APPOINTEES ON THE COMMISSION SHALL APPOINT
ONE  CO-EXECUTIVE  DIRECTOR, AND THE TEMPORARY PRESIDENT'S APPOINTEES ON
THE COMMISSION SHALL APPOINT THE OTHER CO-EXECUTIVE DIRECTOR. ALSO WITH-
IN TEN DAYS THE MINORITY LEADER OF THE ASSEMBLY SHALL SELECT A CO-DEPUTY
EXECUTIVE DIRECTOR, AND THE MINORITY LEADER OF THE SENATE  SHALL  SELECT
THE OTHER CO-DEPUTY EXECUTIVE DIRECTOR.
  (II)  IN  THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE ARE MEMBERS OF THE SAME POLITICAL PARTY,  WITHIN
TEN  DAYS  THE  SPEAKER'S  AND  TEMPORARY  PRESIDENT'S APPOINTEES ON THE
COMMISSION SHALL TOGETHER APPOINT ONE CO-EXECUTIVE DIRECTOR, AND THE TWO
MINORITY LEADERS' APPOINTEES ON THE COMMISSION  SHALL  TOGETHER  APPOINT
THE OTHER CO-EXECUTIVE DIRECTOR.
  (4)  IN THE EVENT OF A VACANCY IN THE OFFICES OF CO-EXECUTIVE DIRECTOR
OR CO-DEPUTY EXECUTIVE DIRECTOR, THE POSITION SHALL BE FILLED WITHIN TEN
DAYS OF ITS OCCURRENCE BY THE SAME APPOINTING AUTHORITY  OR  AUTHORITIES
THAT APPOINTED HIS OR HER PREDECESSOR.
  (I)  THE  STATE  BUDGET SHALL INCLUDE NECESSARY APPROPRIATIONS FOR THE
EXPENSES  OF  THE  INDEPENDENT  REDISTRICTING  COMMISSION,  PROVIDE  FOR
COMPENSATION  AND REIMBURSEMENT OF EXPENSES FOR THE MEMBERS AND STAFF OF
THE COMMISSION, ASSIGN TO THE COMMISSION ANY ADDITIONAL DUTIES THAT  THE
LEGISLATURE  MAY  DEEM NECESSARY TO THE PERFORMANCE OF THE DUTIES STIPU-
LATED IN THIS ARTICLE, AND REQUIRE OTHER AGENCIES AND OFFICIALS  OF  THE
STATE  OF NEW YORK AND ITS POLITICAL SUBDIVISIONS TO PROVIDE SUCH INFOR-
MATION AND ASSISTANCE AS THE  COMMISSION  MAY  REQUIRE  TO  PERFORM  ITS
DUTIES.

S. 2107                             9

  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be submitted to the people for approval at the general  election  to  be
held  in the year 2014 in accordance with the provisions of the election
law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.