S T A T E O F N E W Y O R K
________________________________________________________________________
3776
2021-2022 Regular Sessions
I N S E N A T E
January 30, 2021
___________
Introduced by Sens. GRIFFO, JORDAN, O'MARA -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to section 4 and section 5-a of article 3 of the
constitution, in relation to the number of senators and the apportion-
ment of senate districts
Section 1. Resolved (if the Assembly concur), That sections 4 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89047-01-1
S. 3776 2
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 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. [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. 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.] EACH
COUNTY OF THE STATE, REGARDLESS OF POPULATION, SHALL BE REPRESENTED BY
ONE SENATOR. SENATE DISTRICTS SHALL BE APPORTIONED AS ONE SENATOR PER
COUNTY.
(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
legislature 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 thou-
sand 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 legis-
lation shall be voted upon, without amendment, by the senate or the
assembly and if approved by the first house voting upon it, such legis-
lation 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, the redistricting
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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.
(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-
S. 3776 4
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.] EACH SENATE DISTRICT SHALL BE SOLELY COMPRISED OF ONE COUNTY
IN ITS ENTIRETY. THE NUMBER OF SENATE DISTRICTS SHALL BE CONSISTENT WITH
THE NUMBER OF COUNTIES WITHIN THE STATE.
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] BE IN THE FORM OF ASSIGNING ONE SENATOR FOR
EACH COUNTY IN THE STATE.
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. 3776 5
§ 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.
§ 2. Resolved (if the Assembly concur), That the foregoing be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.
