S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4185
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. FERNANDEZ, CRUZ, GOTTFRIED, NIOU -- read once and
   referred to the Committee on Election Law
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  an  amendment  to  sections  1,  5  and 7 of article 2 of the
   constitution, in relation to the  right  to  vote  for  a  non-citizen
   lawfully  admitted  for  permanent residence in the United States; and
   proposing an amendment to sections 4, 5 and 5-a of article  3  of  the
   constitution  and  section  6  of  article  5  of the constitution, in
   relation to replacing the term alien with non-citizen
 
   Section 1. Resolved (if the Senate concur), That section 1 of  article
 2 of the constitution be amended to read as follows:
   Section  1.  Every  citizen AND, IN THE CASE OF NON-FEDERAL ELECTIONS,
 EVERY NON-CITIZEN LAWFULLY  ADMITTED  FOR  PERMANENT  RESIDENCE  IN  THE
 UNITED STATES, shall be entitled to vote at every election for all offi-
 cers  elected by the people and upon all questions submitted to the vote
 of the people provided that such citizen OR SUCH PERMANENT  RESIDENT  is
 eighteen  years  of  age  or over and shall have been a resident of this
 state, and of the county, city, or village for thirty days next  preced-
 ing an election.
   §  2.  Resolved (if the Senate concur), That section 5 of article 2 of
 the constitution be amended to read as follows:
   § 5. Laws shall be made for ascertaining, by proper proofs, the  citi-
 zens  OR  PERMANENT  RESIDENTS  who  shall  be  entitled to the right of
 suffrage hereby established, and for the registration of  voters;  which
 registration  shall be completed at least ten days before each election.
 Such registration shall not be required for town and  village  elections
 except by express provision of law.
   §  3.  Resolved (if the Senate concur), That section 7 of article 2 of
 the constitution be amended to read as follows:
   § 7. All elections by the citizens OR PERMANENT RESIDENTS, except  for
 such  town  officers  as  may by law be directed to be otherwise chosen,
 shall be by ballot, or by such other method as may be prescribed by law,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89062-01-1

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 provided that secrecy in voting  be  preserved.  The  legislature  shall
 provide  for  identification  of  voters through their signatures in all
 cases where personal registration is required and shall also provide for
 the  signatures,  at the time of voting, of all persons voting in person
 by ballot or voting machine, whether or  not  they  have  registered  in
 person, save only in cases of illiteracy or physical disability.
   §  4.  Resolved  (if the Senate concur), That sections 4, 5 and 5-a of
 article 3 of the constitution be amended to read as follows:
   § 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] NON-CITIZENS 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 legisla-
 ture, by law, shall provide for such an enumeration of  the  inhabitants
 of  such parts of the state only as may be necessary, which shall super-
 sede in part the federal 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 avail-
 able  at  the beginning of the regular session of the legislature in the
 second year after the year nineteen hundred thirty or  after  any  tenth
 year  therefrom, or if an apportionment of members of assembly and read-
 justment 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 includ-
 ing 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 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  nine-
 teen  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 forma-
 tion 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. Counties, towns or blocks  which,  from
 their  location, may be included in either of two districts, shall be so

 A. 4185                             3
 
 placed as to make said districts most nearly equal in number of inhabit-
 ants, excluding [aliens] NON-CITIZENS.
   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
 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

 A. 4185                             4
 
 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.
   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-

 A. 4185                             5
 
 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] NON-CITIZENS,  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.
   §  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] NON-CITIZENS.
 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] NON-CITIZENS, 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 inhabit-
 ants, excluding [aliens] NON-CITIZENS. 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 county having a greater number of inhabitants, excluding
 [aliens] NON-CITIZENS.
   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

 A. 4185                             6
 
 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]  NON-CITIZENS,  as  may be, of convenient and
 contiguous territory in as compact form as practicable,  each  of  which
 shall  be  wholly  within a senate district formed under the same appor-
 tionment, equal to the number of members of assembly to which such coun-
 ty shall be entitled, 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 inhab-
 itants thereof, excluding [aliens] NON-CITIZENS, according to the census
 or enumeration used as the population basis for the  formation  of  such
 districts;  and  such apportionment and districts shall remain unaltered
 until after the next reapportionment of members of assembly, except that
 the board of supervisors of any county containing  a  town  having  more
 than  a  ratio of apportionment 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 assembly 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 inhab-
 itants, excluding [aliens] NON-CITIZENS, as the case may require.  Noth-
 ing 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.
   § 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]  NON-CITIZENS" shall mean the whole number of
 persons.
   § 5. Resolved (if the Senate concur), That section 6 of article  5  of
 the constitution be amended to read as follows:
   § 6. Appointments and promotions in the civil service of the state and
 all of the civil divisions thereof, including cities and villages, shall
 be  made  according  to  merit  and fitness to be ascertained, as far as
 practicable, by examination which,  as  far  as  practicable,  shall  be

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 competitive;  provided,  however, that any member of the armed forces of
 the United States who served therein in time of war,  and  who,  at  the
 time  of  such  member's  appointment  or promotion, is a citizen or [an
 alien]  A  NON-CITIZEN  lawfully admitted for permanent residence in the
 United States and a resident of this state and is  honorably  discharged
 or  released  under  honorable circumstances from such service, shall be
 entitled to receive five points additional credit in a competitive exam-
 ination for original appointment and two and one-half points  additional
 credit  in  an examination for promotion or, if such member was disabled
 in the actual performance of duty in any war and his or  her  disability
 is  certified  by the United States department of veterans affairs to be
 in existence at the time of application for appointment or promotion, he
 or she shall be entitled to receive ten points additional  credit  in  a
 competitive  examination  for original appointment and five points addi-
 tional credit in an examination for promotion.  Such  additional  credit
 shall be added to the final earned rating of such member after he or she
 has qualified in an examination and shall be granted only at the time of
 establishment  of  an  eligible  list.  No such member shall receive the
 additional credit granted by this section after he or she  has  received
 one appointment, either original entrance or promotion, from an eligible
 list  on  which  he  or she was allowed the additional credit granted by
 this section, except where a member has been appointed or promoted  from
 an  eligible  list  on which he or she was allowed additional credit for
 military service and subsequent to such appointment he or she  is  disa-
 bled  as  provided in this section, such member shall be entitled to ten
 points additional credit less the number of points of additional  credit
 allowed for the prior appointment.
   §  6. Resolved (if the Senate concur), That the foregoing amendment 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.