BILL NUMBER: S8467

SPONSOR: GIANARIS
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 4 of article 3 of the constitution, in relation to the redis-
tricting of congressional and state legislative districts; and proposing
an amendment to article 3 of the constitution, in relation to redis-
tricting in the event that another state has acted to determine the
district lines for congressional offices more than once in less than ten
years


 
PURPOSE OR GENERAL IDEA OF BILL:

This concurrent resolution amends the New York State Constitution to
authorize the State of New York, by an act of the legislature, to deter-
mine the district lines for congressional offices at any time following
the action of another state to do so more than once in a ten-year peri-
od.

 
              

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision (e) of section 4 of article 3 of the State
Constitution to include in its list of provisions of the Constitution
that govern redistricting section 5-c of article 3, which would be added
by this amendment.

Section 2 amends article 3 of the State Constitution by adding a new
section 5-c, which would authorize the Legislature to determine the
district lines for congressional offices if another state has acted to
do so more than once in less than ten years. In the event that section
5-c is triggered by another state's actions, provisions of the State
Constitution pertaining to the standard decennial redistricting process
would not apply, although the Legislature would be required to use the
principles set forth in paragraphs one through five of subdivision (c)
of section 4 of article 3, which pertain to the configuration of
districts.

Section 3 resolves that the 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.

 
JUSTIFICATION:

Longstanding law and practice across the fifty states has been to redraw
congressional district lines once every decade, following the federal
census. The state of Texas, however, has recently indicated that it may
break from precedent to effectuate a mid-decade redistricting. This may
well be a harbinger of what will come from other states.

The New York State Constitution generally provides only for decennial
redistricting, and thus prevents New York from making more frequent
adjustments to congressional district lines even if other states act to
do so. While New York need not and should not fire the first shot in a
battle that results in more frequent, if not continuous, redistricting
actions across the country, it should not be precluded an participation
in such a battle once started by other states.

The amendment proposed by this resolution would be triggered in the
event that another state has engaged in mid-decade redistricting, and
only then would New York State, by an act of the Legislature, be allowed
to determine district lines for congressional offices outside of the
standard decennial process. In this fashion, the State would be able to
appropriately defend the interests of its residents in response to the
actions of other states.  While this proposed amendment would not in any
case have bearing on the 2026 elections, it could be effectuated in
advance of the 2028 or 2030 elections and, more significantly, would
address a new status quo that will play out not over one or two election
cycles but over decades. New York should not be sidelined for a moment
longer than necessary.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The amendment will 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 consti-
tution, be published for 3 months previous to the time of such election.