EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89167-06-0
S. 8833 2
TOTAL NUMBER OF INHABITANTS OF THE ENTIRE STATE, INCLUDING THE number of
aliens [or] AND 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 federal
census and be used in connection therewith for such purposes. IF A
FEDERAL CENSUS FAILS TO PROVIDE ENUMERATION AND IDENTIFICATION OF INCAR-
CERATED PERSONS, THE APPROPRIATE STATE ENTITIES SHALL PROVIDE INFORMA-
TION SUFFICIENT TO RE-ENUMERATE INCARCERATED PERSONS TO THEIR PLACE OF
LAST RESIDENCE FOR THE PURPOSES OF DRAWING DISTRICT LINES, NO LATER THAN
SEPTEMBER FIRST OF ANY YEAR ENDING IN ONE. 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 year nineteen hundred thir-
ty 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 regular 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 subsequent session occur-
ring 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. 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. [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. Coun-
ties, 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] NOVEMBER first or as soon as practicable thereafter but no
later than [January] NOVEMBER fifteenth in the year ending in [two
beginning in two thousand twenty-two] ONE. The redistricting plans for
the assembly and the senate shall be contained in and voted upon by the
S. 8833 3
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 without 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
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] JANUARY FIRST,
the redistricting commission shall prepare and submit to the legislature
a second redistricting 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 imme-
diately to be voted upon without amendment. If approved by both houses,
such legislation shall be presented to the governor for action. IN THE
YEAR TWO THOUSAND TWENTY-TWO ONLY, THE COMMISSION SHALL SUBMIT TO THE
LEGISLATURE A FIRST REDISTRICTING PLAN NO LATER THAN JANUARY FIRST, TWO
THOUSAND TWENTY-TWO. IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGIS-
LATION 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 GOVERNOR IF HE OR SHE VETOES IT, SHALL PROMPTLY
NOTIFY THE COMMISSION THAT SUCH LEGISLATION HAS BEEN DISAPPROVED. NO
LATER THAN JANUARY FIFTEEN, TWO THOUSAND TWENTY-TWO, 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, OR THE REDISTRICT-
ING COMMISSION FAILS TO VOTE ON A REDISTRICTING PLAN AND IMPLEMENTING
LEGISLATION BY THE REQUIRED DEADLINE AND MAKES A SUBMISSION TO THE
LEGISLATURE PURSUANT TO SUBDIVISION (G-1) OF SECTION FIVE-B OF THIS
ARTICLE, 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] APPROVAL of legislation submitted by the independent redis-
tricting 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.
S. 8833 4
(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] APPROVAL of legislation submitted by the independent redis-
tricting 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.
(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] TO THE EXTENT PRACTICABLE, ALL INCARCERATED PERSONS SHALL BE
RE-NUMERATED TO THEIR PLACE OF LAST RESIDENCE FOR THE PURPOSES OF DRAW-
ING DISTRICT LINES.
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,
S. 8833 5
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]
SIXTY-THREE, and the senate shall always be composed of [fifty] SIXTY-
THREE 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.
§ 4. Resolved (if the Assembly concur), That sections 5-a and 5-b of
article 3 of the constitution be amended to read as follows:
[§ 5-a. For the purpose of apportioning senate and assembly districts
pursuant to the foregoing provisions of this article, the term "inhabit-
ants, excluding aliens" shall mean the whole number of persons.]
§ 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
S. 8833 6
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;
(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
legislation, 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 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 the speaker of the assembly and one member
appointed by the temporary president 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] NOVEMBER first in
the year ending in [two] ONE or as soon as practicable thereafter, the
commission shall submit to the legislature that redistricting plan and
S. 8833 7
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 legislation in accordance with the voting rules set forth
in subdivision (b) of section four of this article.
(G-1) IF THE COMMISSION DOES NOT VOTE ON ANY REDISTRICTING PLAN OR
PLANS, FOR ANY REASON, BY THE DATE REQUIRED FOR SUBMISSION OF SUCH PLAN
BY THIS ARTICLE, THE COMMISSION SHALL SUBMIT TO THE LEGISLATURE ALL
PLANS IN ITS POSSESSION, BOTH COMPLETED AND IN DRAFT FORM, AND THE DATA
UPON WHICH SUCH PLANS ARE BASED.
(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 lead-
ers].
(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
S. 8833 8
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.
§ 5. Resolved (if the Assembly concur), That section 5 of article 3
of the constitution be amended to read as follows:
§ 5. The members of the assembly shall be chosen by single districts
and shall be apportioned pursuant to this section 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 legislature 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 appor-
tioned to the counties having the highest remainders in the order there-
of respectively. No county shall have more members of assembly than a
county 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 terri-
tory 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
S. 8833 9
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
district in such county having the smallest number of inhabitants,
[excluding aliens,] as the case may require. Nothing in this section
shall prevent the division, at any time, of counties and towns and the
erection of new towns by the legislature.
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.
§ 6. Resolved (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.
