Senate Bill S10637

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10637
 
                             I N  S E N A T E
 
                               June 1, 2026
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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 sections 4 and 5-b of article 3 of the consti-
   tution, in relation to the independent redistricting commission
 
   Section 1. Resolved (if the Assembly concur), That sections 4 and  5-b
 of  article  3  of the constitution are amended and a new section 5-c is
 added 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89144-04-6
 S. 10637                            2
 
 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]
 ENCLOSED 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 inhabit-
 ants, 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] THIRTY-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
 thousand [twenty-two] THIRTY-TWO. The redistricting plans for the assem-
 bly and the senate shall be contained in and voted upon by the  legisla-
 ture  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, OR THE INDEPENDENT
 REDISTRICTING COMMISSION FAILS TO SUBMIT SUCH A  PLAN  AND  IMPLEMENTING
 LEGISLATION  BY  JANUARY FIFTEENTH, [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 notification and in no
 case later than February  twenty-eighth,  the  redistricting  commission
 shall  prepare and submit to the legislature a second redistricting plan
 and the necessary implementing legislation for such plan.   Such  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
 S. 10637                            3

 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
 second  redistricting  plan, or the governor shall veto such legislation
 and the legislature shall fail to override such veto,] each house  shall
 PREPARE  A  REDISTRICTING  PLAN AND introduce [such] implementing legis-
 lation [with any amendments each house of the legislature  deems  neces-
 sary.    All  such  amendments  shall comply with the provisions of this
 article] FOR SUCH PLAN.  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.]
   (B-1) AT ANY TIME AFTER CONGRESSIONAL DISTRICTS ARE  ENACTED  PURSUANT
 TO  SUBDIVISIONS  (B)  OR  (E) OF THIS SECTION, OR OTHERWISE IMPLEMENTED
 PURSUANT TO A COURT ORDER, THE LEGISLATURE SHALL HAVE THE  AUTHORITY  ON
 ITS  OWN  INITIATIVE,  BY  LAW,  TO  MAKE CHANGES TO ONE OR MORE OF SUCH
 DISTRICTS, PROVIDED, HOWEVER, ANY SUCH CHANGES  SHALL  COMPLY  WITH  THE
 PROVISIONS  OF THIS SECTION, EXCEPT FOR SUBDIVISION (B) OF THIS SECTION,
 AND SHALL NOT REMAIN IN FORCE BEYOND THE EFFECTIVE DATE  OF  A  REAPPOR-
 TIONMENT PLAN SUBSEQUENTLY ENACTED BASED UPON THE NEXT SUCCEEDING FEDER-
 AL CENSUS.
   (c)  [Subject  to]  STATE  SENATE,  STATE  ASSEMBLY  AND CONGRESSIONAL
 DISTRICTS SHALL BE DRAWN IN COMPLIANCE  WITH  the  requirements  of  the
 federal constitution and statutes and [in compliance with] state consti-
 tutional  requirements, AND WITH CONSIDERATION FOR the following princi-
 ples [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 wheth-
 er  such  lines  would  result in the denial or abridgement of racial or
 language minority voting rights, and districts] DISTRICTS shall  not  be
 drawn  to have the purpose of[, nor shall they result in,] the denial or
 abridgement  of  [such]  RACIAL  OR  LANGUAGE  MINORITY  VOTING  rights.
 Districts  shall  be drawn so that, based on the totality of the circum-
 stances, racial or [minority] 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.
 S. 10637                            4

   (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] THE main-
 tenance [of cores  of  existing  districts,  of  pre-existing  political
 subdivisions, 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] ENACTED IN
 S. 10637                            5
 
 VIOLATION OF THIS SECTION, SECTION FIVE, OR SECTION FIVE-B OF THIS ARTI-
 CLE, AND (1) THE LEGISLATURE, AFTER HAVING A FULL AND REASONABLE  OPPOR-
 TUNITY  TO  REMEDY SUCH VIOLATION, HAS FAILED TO ENACT REDRAWN DISTRICTS
 TO REMEDY SUCH VIOLATION; AND (2) SUCH ORDER IS THE ONLY REMAINING REME-
 DY AVAILABLE TO ENSURE THE STATE'S COMPLIANCE WITH THE FEDERAL CONSTITU-
 TION OR STATUTES OR THE APPLICABLE PROVISIONS OF THIS CONSTITUTION.
   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 A court order, OR SUBDIVISIONS (B-1) OR (E) OF THIS SECTION.
   § 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;
   (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.
 S. 10637                            6
 
   (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
 legislation in accordance with [the voting rules set forth in]  subdivi-
 sion (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
 S. 10637                            7
 
 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] THEIR 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-C. SUBJECT TO THE REQUIREMENTS OF  THE  FEDERAL  CONSTITUTION  AND
 STATUTES, AND AS OTHERWISE PROVIDED IN THIS SECTION, THE LEGISLATURE MAY
 BY LAW MAKE CHANGES TO ONE OR MORE OF THE CONGRESSIONAL DISTRICTS IN THE
 STATE.  ANY SUCH CHANGES ENACTED PURSUANT TO THIS SECTION SHALL BE BASED
 UPON THE FEDERAL CENSUS TAKEN IN TWO THOUSAND TWENTY AND  SHALL  NOT  BE
 SUBJECT  TO  ANY  OF  THE  PROVISIONS OF SECTIONS FOUR OR FIVE-B OF THIS
 ARTICLE.  PROVIDED, FURTHER, THAT THE POWER CONFERRED UPON THE  LEGISLA-
 TURE  IN  THIS  SECTION,  AND  ANY  DISTRICTS  ENACTED  PURSUANT TO THIS
 SECTION, SHALL REMAIN IN FORCE ONLY UNTIL THE EFFECTIVE DATE OF A  REAP-
 PORTIONMENT  PLAN  SUBSEQUENTLY  ENACTED  BASED  UPON THE FEDERAL CENSUS
 TAKEN IN TWO THOUSAND THIRTY.
   IN THE EVENT THAT A  COURT  INVALIDATES  ANY  CONGRESSIONAL  DISTRICTS
 ENACTED  PURSUANT TO THIS SECTION, THE LEGISLATURE SHALL HAVE A FULL AND
 REASONABLE OPPORTUNITY TO REMEDY ANY SUCH VIOLATIONS. PROVIDED, HOWEVER,
 THAT NO COURT SHALL ORDER THE DRAWING  OF  ANY  CONGRESSIONAL  DISTRICTS
 UNLESS  THE  LEGISLATURE  HAS  FAILED  TO  ENACT  REDRAWN  CONGRESSIONAL
 DISTRICTS TO REMEDY SUCH VIOLATIONS AND SUCH ORDER IS THE ONLY REMAINING
 REMEDY AVAILABLE TO ENSURE  THE  STATE'S  COMPLIANCE  WITH  THE  FEDERAL
 CONSTITUTION OR STATUTES.
 S. 10637                            8
 
   §  2.  Resolved (if the Assembly 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.