NY State Senate Bill 2023-S3292A

Senate Bill S3292A

2023-2024 Legislative Session

Provides that any review of apportionment by the legislature shall be brought in the supreme court of Albany county

download bill text pdf

Current Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2024	advanced to third reading
Feb 06, 2024	2nd report cal.
Feb 05, 2024	1st report cal.329
Feb 02, 2024	print number 3292b
Feb 02, 2024	amend (t) and recommit to investigations and government operations
Jan 31, 2024	print number 3292a
Jan 31, 2024	amend (t) and recommit to investigations and government operations
Jan 03, 2024	referred to investigations and government operations
Jan 30, 2023	referred to investigations and government operations

Votes

- Feb 5, 2024 - Investigations And Government Operations Committee Vote
  S3292A
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Feb 5, 2024
      
      aye (5)
      
      Fernandez
      
      Gounardes
      
      Hoylman-Sigal
      
      Sepúlveda
      
      Skoufis
      
      nay (2)
      
      O'Mara
      
      Palumbo

Bill Amendments

Original

B (Active)

2023-S3292 - Details

Law Section:: State Law
Laws Affected:: Add Art 8 Title 4 §130, State L

2023-S3292 - Summary

Provides that any review of apportionment by the legislature shall be brought in the supreme court of Albany county.

2023-S3292 - Sponsor Memo

                                 
BILL NUMBER: S3292

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend chapter 773 of the laws of 1911 relating to providing
for a procedure for the prompt review of an apportionment by the legis-
lature or other body, in relation to bringing any such review to the
supreme court of Albany county

 
PURPOSE::

To update and modernize the procedures for bringing a legal challenge to
a set of redistricting maps.

 
SUMMARY OF PROVISIONS::

Section 1 amends sections 1 and 5 of chapter 773 of the laws of 1911
which relates to provide challenges to redistricting maps and requires
that the action be filed in the Supreme Court of Albany County and gives
plaintiffs two weeks to bring a challenge after a map is signed into
law.

Section 2 provides the effective date.

 
JUSTIFICATION::

Article III, Section 5 of the NYS Constitution authorizes private citi-
zens to bring a lawsuit challenging a redistricting map. It also author-
izes the Legislature to prescribe "reasonable regulations" governing
such suits. Chapter 773 of the Laws of 1911 was passed to govern these
actions. The statute hasn't been updated in over 100 years. This legis-
lation provides two important updates that address recent issues over
these actions.

First, it requires suits to be brought in Albany County Supreme Court
which avoids plaintiffs attempting to "forum shop" and bring suit in a
court which may be more sympathetic politically to the suit. Albany
County contains the State Capitol and is centrally located. This will
allow that court to develop an expertise in redistricting actions.

Second, it puts a time limit on when a suit can be brought for two weeks
after becoming law. Any action challenging a redistricting should be
brought promptly to avoid placing undue uncertainty and confusion in the
State's election calendar.

 
LEGISLATIVE HISTORY::

S9556 of 2021-22: Referred to Rules.

 
FISCAL IMPLICATIONS::

None to the State.

 
EFFECTIVE DATE::

Immediately.

2023-S3292 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3292
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend chapter 773 of the laws of 1911  relating  to  providing
   for  a  procedure  for  the  prompt  review of an apportionment by the
   legislature or other body, in relation to bringing any such review  to
   the supreme court of Albany county
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1 and 5 of chapter 773 of the laws of 1911  relat-
 ing  to providing for a procedure for the prompt review of an apportion-
 ment by the legislature or other body, are amended to read as follows:
   Section 1. An apportionment by the legislature  shall  be  subject  to
 review by the supreme court OF ALBANY COUNTY at the suit of any citizen,
 upon  the  petition  of any citizen to the supreme court [where any such
 petitioner resides] OF ALBANY COUNTY and upon such service thereof  upon
 the  attorney-general,  the  president of the senate, the speaker of the
 assembly and the governor, as a justice of the supreme court  OF  ALBANY
 COUNTY may direct.
   §  5. [No limitation of the time for commencing an action shall affect
 any proceeding hereinbefore mentioned, or any] AN ACTION UNDER THIS  ACT
 MUST  BE COMMENCED WITHIN FOURTEEN DAYS AFTER THE APPORTIONMENT AT ISSUE
 SHALL BECOME LAW. ANY appeal in any existing  action  or  proceeding  in
 which  the  validity  of  an  apportionment  is  or  may be in issue, if
 commenced within the period during which such apportionment is in  force
 MAY  CONTINUE;  and nothing in this act shall impair any existing remedy
 by which the validity of an apportionment may be determined.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-01-3

2023-S3292A - Details

Law Section:: State Law
Laws Affected:: Add Art 8 Title 4 §130, State L

2023-S3292A - Summary

Provides that any review of apportionment by the legislature shall be brought in the supreme court of Albany county.

2023-S3292A - Sponsor Memo

2023-S3292A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3292--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- recommitted to the Committee on Investigations  and
   Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the state law, in relation to providing for a procedure
   for review of an apportionment by the legislature or other body  which
   brings any such review to the supreme court of Albany county
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Article 8 of the state law is  amended  by  adding  a  new
 title 4 to read as follows:
                                 TITLE IV
             ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT
 SECTION 130. ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT.
   §  130. ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT. A. AN APPOR-
 TIONMENT BY THE LEGISLATURE SHALL BE SUBJECT TO REVIEW  BY  THE  SUPREME
 COURT  OF ALBANY COUNTY AT THE SUIT OF ANY CITIZEN, UPON THE PETITION OF
 ANY CITIZEN TO THE SUPREME COURT OF ALBANY COUNTY AND UPON SUCH  SERVICE
 THEREOF  UPON  THE  ATTORNEY-GENERAL,  THE  PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY AND THE GOVERNOR, AS A JUSTICE  OF  THE  SUPREME
 COURT OF ALBANY COUNTY MAY DIRECT.
   B. NO LIMITATION OF THE TIME FOR COMMENCING AN ACTION SHALL AFFECT ANY
 PROCEEDING  HEREINBEFORE MENTIONED, OR ANY APPEAL IN ANY EXISTING ACTION
 OR PROCEEDING IN WHICH THE VALIDITY OF AN APPORTIONMENT IS OR MAY BE  IN
 ISSUE, IF COMMENCED WITHIN THE PERIOD DURING WHICH SUCH APPORTIONMENT IS
 IN  FORCE  MAY  EXIST; AND NOTHING IN THIS ACT SHALL IMPAIR ANY EXISTING
 REMEDY BY WHICH THE VALIDITY OF AN APPORTIONMENT MAY BE DETERMINED.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-02-4

2023-S3292B (ACTIVE) - Details

Law Section:: State Law
Laws Affected:: Add Art 8 Title 4 §130, State L

2023-S3292B (ACTIVE) - Summary

Provides that any review of apportionment by the legislature shall be brought in the supreme court of Albany county.

2023-S3292B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3292B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the state law, in relation to providing for a procedure
for review of an apportionment by the legislature or other body which
brings any such review to the supreme court of Albany county; and to
amend chapter 773 of the laws of 1911 relating  to providing for a
procedure for the prompt review of an apportionment by the legislature
or other body, in relation to requiring that apportionment by the legis-
lature shall be subject to review by the supreme court of Albany county

 
PURPOSE:

To update and modernize the procedures for bringing a legal challenge to
a set of redistricting maps.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new provision to the State Law which relates to provide
challenges to redistricting maps and requires that the action be filed

in the Supreme Court of Albany County.

Section 2 adds a new provision to the State Law which relates to provide
challenges to redistricting maps and requires that the action be filed
in the Supreme Court of Albany County

Section 3 amends an unconsolidated portion of law to require that
actions challenging redistricting be filed in the Supreme Court of Alba-
ny County

Section 4 provides the effective date.

 
JUSTIFICATION:

Article III, Section 5 of the NYS Constitution authorizes private citi-
zens to bring a lawsuit challenging a redistricting map. It also author-
izes the Legislature to prescribe "reasonable regulations" governing
such suits.

The bill requires suits to be brought in Albany County Supreme Court
which avoids plaintiffs attempting to "forum shop. Albany County
contains the State Capitol and is centrally located. This will allow
that court to develop an expertise in redistricting actions.

 
LEGISLATIVE HISTORY:

S9556 of 2021-22: Referred to Rules.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2023-S3292B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3292--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations -- recommitted to the Committee on Investigations  and
   Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the state law, in relation to providing for a  procedure
   for  review of an apportionment by the legislature or other body which
   brings any such review to the supreme court of Albany county;  and  to
   amend  chapter  773  of  the laws of 1911 relating  to providing for a
   procedure for the prompt review of an apportionment by the legislature
   or other body, in relation to  requiring  that  apportionment  by  the
   legislature  shall be subject to review by the supreme court of Albany
   county
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Article  8  of the state law is amended by adding a new
 title 4 to read as follows:
                                 TITLE IV
             ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT
 SECTION 130. ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT.
   § 130. ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT. A. AN  APPOR-
 TIONMENT  BY  THE  LEGISLATURE SHALL BE SUBJECT TO REVIEW BY THE SUPREME
 COURT OF ALBANY COUNTY AT THE SUIT OF ANY CITIZEN, UPON THE PETITION  OF
 ANY  CITIZEN TO THE SUPREME COURT OF ALBANY COUNTY AND UPON SUCH SERVICE
 THEREOF UPON THE  ATTORNEY  GENERAL,  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  THE  SPEAKER  OF THE ASSEMBLY AND THE GOVERNOR, AS A JUSTICE OF
 THE SUPREME COURT OF ALBANY COUNTY MAY DIRECT.
   B. NO LIMITATION OF THE TIME FOR COMMENCING AN ACTION SHALL AFFECT ANY
 PROCEEDING HEREINBEFORE MENTIONED, OR ANY APPEAL IN ANY EXISTING  ACTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-04-4

 S. 3292--B                          2
 
 OR  PROCEEDING IN WHICH THE VALIDITY OF AN APPORTIONMENT IS OR MAY BE IN
 ISSUE, IF COMMENCED WITHIN THE PERIOD DURING WHICH SUCH APPORTIONMENT IS
 IN FORCE MAY EXIST; AND NOTHING IN THIS ACT SHALL  IMPAIR  ANY  EXISTING
 REMEDY BY WHICH THE VALIDITY OF AN APPORTIONMENT MAY BE DETERMINED.
   §  2.  The state law is amended by adding a new section 114 to read as
 follows:
   § 114. ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT. 1. AN  APPOR-
 TIONMENT BY THE LEGISLATURE SHALL BE SUBJECT TO REVIEW  BY  THE  SUPREME
 COURT  OF ALBANY COUNTY AT THE SUIT OF ANY CITIZEN, UPON THE PETITION OF
 ANY CITIZEN TO THE SUPREME COURT OF ALBANY COUNTY AND UPON SUCH  SERVICE
 THEREOF   UPON   THE   ATTORNEY GENERAL,  THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR, AS A JUSTICE    OF
 THE  SUPREME COURT OF ALBANY COUNTY MAY DIRECT.
   2. NO LIMITATION OF THE TIME FOR COMMENCING AN ACTION SHALL AFFECT ANY
 PROCEEDING  HEREINBEFORE MENTIONED, OR ANY APPEAL IN ANY EXISTING ACTION
 OR PROCEEDING IN WHICH THE VALIDITY OF AN APPORTIONMENT IS OR MAY BE  IN
 ISSUE, IF COMMENCED WITHIN THE PERIOD DURING WHICH SUCH APPORTIONMENT IS
 IN  FORCE  MAY  EXIST; AND NOTHING IN THIS ACT SHALL IMPAIR ANY EXISTING
 REMEDY BY WHICH THE VALIDITY OF AN APPORTIONMENT MAY BE DETERMINED.
   §  3. Sections 1 and 5 of chapter 773 of the laws of 1911 relating  to
 providing for a procedure for the prompt review of an  apportionment  by
 the legislature or other body, are amended to read as follows:
   Section  1.  An  apportionment  by the legislature shall be subject to
 review by the supreme court OF ALBANY COUNTY at the suit of any citizen,
 upon the petition of any citizen to the supreme court  [where  any  such
 petitioner resides] OF ALBANY COUNTY and upon such service thereof  upon
 the attorney-general, the TEMPORARY president of the senate, the speaker
 of  the  assembly and the governor, as a justice of the supreme court OF
 ALBANY COUNTY may direct.
   § 5. No limitation of the time for commencing an action  shall  affect
 any  proceeding  hereinbefore  mentioned,  or any appeal in any existing
 action or proceeding in which the validity of an apportionment is or may
 be in issue, if commenced within the period during which such apportion-
 ment is in force MAY EXIST; and nothing in this  act  shall  impair  any
 existing  remedy by which the validity of an apportionment may be deter-
 mined.
   § 4. This act shall take effect immediately.

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Senate Bill S3292A

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Sponsored By

Zellnor Myrie

Current Bill Status - On Floor Calendar

Bill Amendments

2023-S3292 - Details

2023-S3292 - Summary

2023-S3292 - Sponsor Memo

2023-S3292 - Bill Text download pdf

2023-S3292A - Details

2023-S3292A - Summary

2023-S3292A - Sponsor Memo

2023-S3292A - Bill Text download pdf

2023-S3292B (ACTIVE) - Details

2023-S3292B (ACTIVE) - Summary

2023-S3292B (ACTIVE) - Sponsor Memo

2023-S3292B (ACTIVE) - Bill Text download pdf

Comments