Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 93
Redistricting
Legislative (LEG) CHAPTER 32, ARTICLE 6-A
* § 93. Redistricting. 1. The independent redistricting commission
established pursuant to section ninety-four 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 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 within ten
days of the plan's submission or within ten days after January first in
a year ending in two, whichever is later. 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, within five days from
delivery. If approved by both houses, such legislation shall be
presented to the governor for action within three days.

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 within ten days of
such veto, each house or the governor if he or she vetoes it, shall
notify the commission that such legislation has been disapproved within
three days of such disapproval. Within fifteen days of such notification
and in no case later than February twenty-eighth of a year ending in
two, the redistricting commission shall prepare and submit to the
legislature a second redistricting plan and the necessary implementing
legislation for such plan. Within ten days of its submission 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, within five days from delivery. If
approved by both houses, such legislation shall be presented to the
governor for action within three days.

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 within ten days of
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 within three days.

All votes by the senate or assembly on any redistricting plan
legislation pursuant to this article shall be conducted in accordance
with the following rules:

(a) 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 duly approved and submitted by the independent
redistricting commission pursuant to subdivision six of section
ninety-four of this article shall require the vote in support of its
passage by at least a majority of the members elected to each house.

(b) 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 that was submitted by the independent
redistricting commission pursuant to subdivision seven of section
ninety-four of this article shall require the vote in support of its
passage by at least sixty percent of the members elected to each house.

(c) 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 six or seven of section ninety-four
of this article shall require the vote in support of its passage by at
least two-thirds of the members elected to each house.

2. Subject to the requirements of the federal constitution and
statutes 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:

(a) 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.

(b) 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.

(c) Each district shall consist of contiguous territory.

(d) Each district shall be as compact in form as practicable.

(e) Districts shall not be drawn to discourage competition or for the
purpose of favoring or disfavoring incumbents or other particular
candidates or political parties. The commission shall consider the
maintenance of cores of existing districts, of pre-existing political
subdivisions, including counties, cities, and towns, and of communities
of interest.

(f) 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
legislative 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
thereafter, 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 presentation to the commission at the public hearings. The
independent redistricting commission shall report the findings of all
such hearings to the legislature upon submission of a redistricting
plan.

3. The process for redistricting congressional and state legislative
districts established by 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.

4. In any judicial proceeding relating to redistricting of
congressional or state legislative districts, any law establishing
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.

* See chapter 17 of 2012 § 6 for effectiveness