A09526 Summary:

BILL NOA09526
 
SAME ASSAME AS S06698
 
SPONSORSilver (MS)
 
COSPNSRWeinstein, Englebright, McEneny, Cusick
 
MLTSPNSRGalef, Miller M, Montesano, Morelle, Schimel, Weprin, Zebrowski
 
Amd Art 3 SS4 & 5, add S5-b, Constn
 
Creates the independent redistricting commission to establish senate, assembly and congressional districts.
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A09526 Actions:

BILL NOA09526
 
03/11/2012referred to governmental operations
03/12/2012to attorney-general for opinion
03/14/2012reported referred to judiciary
03/14/2012reported referred to rules
03/14/2012reported
03/14/2012rules report cal.15
03/14/2012ordered to third reading rules cal.15
03/14/2012passed assembly
03/14/2012delivered to senate
03/14/2012REFERRED TO RULES
03/14/2012SUBSTITUTED FOR S6698
03/14/20123RD READING CAL.364
03/14/2012PASSED SENATE
03/14/2012RETURNED TO ASSEMBLY
03/15/2012delivered to secretary of state
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A09526 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9526
 
SPONSOR: Silver (MS)
  TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 3 of the constitution, in relation to the establishment of the independent redistricting commission   PURPOSE OR GENERAL IDEA OF BILL: This resolution, when passed a second time in 2013 and if approved by the voters of New York State, would amend the constitution to reform comprehensively the process and substantive criteria used to establish new state legislative and congressional district lines every ten years. Among other reforms, the amendment would create an independent redistricting commission to draw the legislative and congressional district lines; require that new district lines be drawn in such manlier as to protect minority voting rights and communities of interest and affirmatively explain deviations from population equality for each district; require extensive public hearings around the state and the commission's release of all relevant data and draft plans to facilitate public review and public drafting of proposed district lines; and establish voting rules in both the commis- sion and in each house of the legislature to ensure that minority party conferences participate fully in the process of drawing new lines.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 would amend sections 4 and 5 of article 3 of the constitution to establish a new and exclusive proc- ess by which new state legislative and congressional districts shall be drawn. A new independent redistricting commission, selected pursuant to a new section 5-b of the same article, shall submit to the legislature its proposed district plans, and the legislature, shall vote upon them without amendment. If the legislature fails to pass such plans twice, it may amend such plans arid then vote upon them. Section 1 would further establish voting rules to govern each house's vote upon the independent redistricting commission's plans that would protect the minority confer- ences in each house and ensure the integrity of the commission's plans by requiring approval by more than a majority of members under certain circumstances. Section 1 would establish substantive principles to govern the drafting and approval of any district plans. Among other principles that would be followed in drawing such district lines, this section would require: (1) the commission to consider whether proposed lines would deny or abridge racial or language minority voting rights; (2) no districts be drawn to have the purpose of, or result in, such denial or abridgement; (3) districts be drawn so that racial or language minority groups do not have less opportunity to participate in the poli- tical process than other members of the electorate and to elect repre- sentatives of their choice; (4) districts not be drawn to discourage competition or for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties; (5) the commission consider the maintenance of cores of existing districts, of pre-existing political subdivisions, and of communities of interest; (6) districts contain as nearly as may be an equal number of inhabitants and any devi- ation in a district shall be explained specifically by the commission; and (7) districts be contiguous and as compact in form as practicable. Section 1 would require the commission to hold extensive public hearings across the state in specified cities and counties, and to make its drafts and relevant data widely available via the best available tech- nology. Section 1 would amend the judicial review provision of this article to establish a 60-day deadline for decisions in this area, to establish that a court may find a district plan invalid in whole or in part if it has been drawn in violation of this article, and to provide that the court shall provide the legislature an opportunity to address such legal infirmity in the first instance. Section 1 would add a new section 5-b to establish the nature and struc- ture of the independent redistricting commission. Specifically, the commission would consist of ten members: two appointees by each of the four legislative leaders and then two appointees selected by the majori- ty of those eight members such that least one appointee made by either of the Assembly or Senate minority leaders must approve those two members. Neither of those two members may have been enrolled members of either of the two major political parties in New York State in the last five years. The amendment further requires that the appointing authori- ties shall consult with organizations devoted to protecting the voting rights of minority and other voters concerning their appointments. The commission members must be registered voters in New York State, but not have been in the last three years (a) members of the state legislature or congress or a statewide official or the spouse of any of these elected officials, (b) a state officer or employee or legislative employee; (c) a registered lobbyist; or (d) a political party chairman. To approve a redistricting plan, the independent redistricting commis- sion would need to obtain the vote of at least seven of its ten members in support of the plan. In the event that the commission is unable to obtain seven votes to approve a redistricting plan, the commission would have to submit to the legislature that plan (or plans, if two or more plans garnered an equal number of votes) that garnered the highest number of votes in support of its approval. The independent redistrict- ing commission would appoint two co-executive directors of the commis- sion by approval of a majority of the members of the commission; and the co-executive directors would appoint commission staff. Section 2 provides that the foregoing amendments would be referred to the first regular legislative session convening after the next succeed- ing general election of members of the assembly and be published for three months previous to that election.   JUSTIFICATION: The proposed constitutional amendment would implement historic changes to achieve a fair and readily transparent process by which to draw the lines of state legislative and congressional districts. It will reform that process to introduce greater independ- ence, and guarantees the application of substantive criteria that protect minority voting rights, communities of interest, and rational line-drawing. Adoption of this constitutional amendment will ensure that the drawing of legislative district lines in New York will be done by a bipartisan, independent body. By adopting a constitutional amendment the process will be substantively and fundamentally changed for the future. For the first time, both the majority and minority parties in the legis- lature will have an equal role in the process of drawing lines. Members of the commission charged with drawing the lines will have to meet strict criteria to ensure that they are independent. The process for adoption of the lines is explicitly laid out in the amendment to provide transparency and predictability to the process. Just as important, the enactment of the constitutional amendment will give the voters of New York a voice in the adoption of this new process and by enshrining it in the constitution, ensure that the process will not be changed without due considerations. The principle of fair and open elections will be furthered by the adoption of this amendment. This far-reaching reform will set the standard for independent redistricting throughout the United States and provide a template for other states to follow.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL. IMPLICATIONS: This amendment is not expected to have a signif- icant impact on the State's budget.   EFFECTIVE DATE: RESOLVED (if the Senate concurs), that this amendment shall be passed in 2012 and then shall be referred to the first regular legislative session after the 2012 elections for second passage in 2013, after which it will be voted upon by the people of New York State.
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A09526 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9526
 
                   IN ASSEMBLY
 
                                     March 11, 2012
                                       ___________
 
        Introduced  by  M. of A. SILVER, WEINSTEIN, ENGLEBRIGHT, McENENY, CUSICK
          -- read once and referred to the Committee on Governmental Operations
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to article 3 of the constitution, in relation  to
          the establishment of the independent redistricting commission
 
     1    Section  1.  Resolved (if the Senate concur), That sections 4 and 5 of

     2  article 3 of the constitution be amended, and a new section 5-b be added
     3  to read as follows:
     4    § 4. (a) Except as herein otherwise provided, the federal census taken
     5  in the year nineteen hundred thirty and each federal census taken decen-
     6  nially thereafter shall be controlling as to the number  of  inhabitants
     7  in  the  state or any part thereof for the purposes of the apportionment
     8  of members of assembly and readjustment  or  alteration  of  senate  and
     9  assembly  districts  next  occurring,  in  so far as such census and the
    10  tabulation thereof purport to give the information  necessary  therefor.
    11  The  legislature, by law, shall provide for the making and tabulation by
    12  state authorities of an enumeration of the  inhabitants  of  the  entire
    13  state  to be used for such purposes, instead of a federal census, if the

    14  taking of a federal census in any tenth  year  from  the  year  nineteen
    15  hundred  thirty  be  omitted  or if the federal census fails to show the
    16  number of aliens or Indians not  taxed.  If  a  federal  census,  though
    17  giving the requisite information as to the state at large, fails to give
    18  the  information  as  to  any  civil  or  territorial divisions which is
    19  required to be known for such purposes, the legislature, by  law,  shall
    20  provide  for such an enumeration of the inhabitants of such parts of the
    21  state only as may be necessary, which shall supersede in part the feder-
    22  al census and be used in connection therewith for such  purposes.    The
    23  legislature, by law, may provide in its discretion for an enumeration by
    24  state  authorities  of the inhabitants of the state, to be used for such
    25  purposes, in place of a federal census, when the return of  a  decennial

    26  federal  census  is delayed so that it is not available at the beginning
    27  of the regular session of the legislature in the second year  after  the
    28  year nineteen hundred thirty or after any tenth year therefrom, or if an
    29  apportionment  of  members of assembly and readjustment or alteration of
    30  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.
                                                                   LBD89139-15-2

        A. 9526                             2
 
     1  session in the year nineteen hundred thirty-two, and at the first  regu-
     2  lar  session  after the year nineteen hundred forty and after each tenth
     3  year therefrom the senate districts shall be readjusted or altered,  but

     4  if,  in  any  decade, counting from and including that which begins with
     5  the year nineteen hundred thirty-one, such a readjustment or  alteration
     6  is  not  made at the time above prescribed, it shall be made at a subse-
     7  quent session occurring not later than the sixth year  of  such  decade,
     8  meaning  not  later  than  nineteen hundred thirty-six, nineteen hundred
     9  forty-six, nineteen hundred fifty-six, and  so  on;  provided,  however,
    10  that  if  such districts shall have been readjusted or altered by law in
    11  either of the years nineteen hundred thirty or nineteen hundred  thirty-
    12  one,  they  shall remain unaltered until the first regular session after
    13  the year nineteen hundred forty. [Such districts shall be so  readjusted
    14  or  altered  that each senate district shall contain as nearly as may be

    15  an equal number of inhabitants, excluding aliens, and be in  as  compact
    16  form  as practicable, and shall remain unaltered until the first year of
    17  the next decade as above defined, and shall  at  all  times  consist  of
    18  contiguous territory, and no county shall be divided in the formation of
    19  a  senate district except to make two or more senate districts wholly in
    20  such county.] No town, except a town having more than a  full  ratio  of
    21  apportionment,  and  no  block  in  a city inclosed by streets or public
    22  ways, shall be divided in the formation of senate districts[; nor  shall
    23  any].  In  the  reapportionment  of  senate districts, no district shall
    24  contain a greater excess in population over an adjoining district in the

    25  same county, than the population of a town or  block  therein  adjoining
    26  such district. Counties, towns or blocks which, from their location, may
    27  be  included  in  either of two districts, shall be so placed as to make
    28  said districts most nearly equal in  number  of  inhabitants,  excluding
    29  aliens.
    30    No county shall have four or more senators unless it shall have a full
    31  ratio  for each senator. No county shall have more than one-third of all
    32  the senators; and no two counties or the territory thereof as now organ-
    33  ized, which are adjoining counties,  or  which  are  separated  only  by
    34  public waters, shall have more than one-half of all the senators.
    35    (b)  The  independent redistricting commission established pursuant to
    36  section five-b of this article shall prepare  a  redistricting  plan  to

    37  establish  senate, assembly, and congressional districts every ten years
    38  commencing in two thousand twenty-one, and shall submit to the  legisla-
    39  ture  such  plan  and the implementing legislation therefor on or before
    40  January first or as soon as practicable thereafter  but  no  later  than
    41  January  fifteenth  in  the year ending in two beginning in two thousand
    42  twenty-two.  The redistricting plans for the  assembly  and  the  senate
    43  shall  be  contained  in  and  voted upon by the legislature in a single
    44  bill, and the congressional district plan may be included  in  the  same
    45  bill  if the legislature chooses to do so.  The implementing legislation
    46  shall be voted upon, without amendment, by the senate  or  the  assembly

    47  and  if  approved  by  the  first house voting upon it, such legislation
    48  shall be delivered to the other house immediately to be voted upon with-
    49  out amendment.  If approved by both houses, such  legislation  shall  be
    50  presented to the governor for action.
    51    If either house shall fail to approve the legislation implementing the
    52  first  redistricting  plan,  or the governor shall veto such legislation
    53  and the legislature shall fail to override such veto, each house or  the
    54  governor  if  he or she vetoes it, shall notify the commission that such
    55  legislation has been disapproved.  Within fifteen days of such notifica-
    56  tion and in no case later than February twenty-eighth, the redistricting

        A. 9526                             3

 
     1  commission shall prepare and submit to the legislature a  second  redis-
     2  tricting  plan and the necessary implementing legislation for such plan.
     3  Such legislation shall be voted upon, without amendment, by  the  senate
     4  or the assembly and, if approved by the first house voting upon it, such
     5  legislation  shall  be  delivered  to  the other house immediately to be
     6  voted upon without amendment.  If approved by both houses,  such  legis-
     7  lation shall be presented to the governor for action.
     8    If either house shall fail to approve the legislation implementing the
     9  second  redistricting  plan, or the governor shall veto such legislation
    10  and the legislature shall fail to override such veto, each  house  shall

    11  introduce  such  implementing legislation with any amendments each house
    12  of the legislature deems necessary.   All such amendments  shall  comply
    13  with  the  provisions of this article.  If approved by both houses, such
    14  legislation shall be presented to the governor for action.
    15    All votes by the senate or assembly on any redistricting  plan  legis-
    16  lation  pursuant  to  this article shall be conducted in accordance with
    17  the following rules:
    18    (1) In the event that the speaker of the assembly  and  the  temporary
    19  president  of the senate are members of two different political parties,
    20  approval of  legislation  submitted  by  the  independent  redistricting
    21  commission pursuant to subdivision (f) of section five-b of this article

    22  shall  require the vote in support of its passage by at least a majority
    23  of the members elected to each house.
    24    (2) In the event that the speaker of the assembly  and  the  temporary
    25  president  of the senate are members of two different political parties,
    26  approval of  legislation  submitted  by  the  independent  redistricting
    27  commission pursuant to subdivision (g) of section five-b of this article
    28  shall  require  the  vote  in  support  of its passage by at least sixty
    29  percent of the members elected to each house.
    30    (3) In the event that the speaker of the assembly  and  the  temporary
    31  president  of  the  senate  are  members  of  the  same political party,
    32  approval of  legislation  submitted  by  the  independent  redistricting

    33  commission  pursuant to subdivision (f) or (g) of section five-b of this
    34  article shall require the vote in support of its  passage  by  at  least
    35  two-thirds of the members elected to each house.
    36    (c)  Subject to the requirements of the federal constitution and stat-
    37  utes and in  compliance  with  state  constitutional  requirements,  the
    38  following  principles  shall be used in the creation of state senate and
    39  state assembly districts and congressional districts:
    40    (1) When drawing district lines, the commission shall consider whether
    41  such lines would result in  the  denial  or  abridgement  of  racial  or
    42  language  minority  voting  rights,  and districts shall not be drawn to

    43  have the purpose of, nor shall they result in, the denial or abridgement
    44  of such rights. Districts shall be drawn so that, based on the  totality
    45  of  the  circumstances,  racial  or minority language groups do not have
    46  less opportunity to participate in  the  political  process  than  other
    47  members of the electorate and to elect representatives of their choice.
    48    (2)  To  the  extent practicable, districts shall contain as nearly as
    49  may be an equal number of inhabitants.  For each district that  deviates
    50  from  this  requirement,  the commission shall provide a specific public
    51  explanation as to why such deviation exists.
    52    (3) Each district shall consist of contiguous territory.
    53    (4) Each district shall be as compact in form as practicable.

    54    (5) Districts shall not be drawn to discourage competition or for  the
    55  purpose of favoring or disfavoring incumbents or other particular candi-
    56  dates  or  political  parties. The commission shall consider the mainte-

        A. 9526                             4
 
     1  nance of cores of existing districts, of pre-existing political subdivi-
     2  sions, including counties, cities, and  towns,  and  of  communities  of
     3  interest.
     4    (6)  In  drawing  senate  districts, towns or blocks which, from their
     5  location may be included in either of two districts, shall be so  placed
     6  as  to  make  said districts most nearly equal in number of inhabitants.
     7  The requirements that senate districts not divide counties or towns,  as

     8  well  as  the 'block-on-border' and 'town-on-border' rules, shall remain
     9  in effect.
    10    During the preparation of  the  redistricting  plan,  the  independent
    11  redistricting  commission shall conduct not less than one public hearing
    12  on proposals for the redistricting of congressional and  state  legisla-
    13  tive  districts  in  each  of the following (i) cities: Albany, Buffalo,
    14  Syracuse, Rochester, and White Plains; and (ii) counties: Bronx,  Kings,
    15  New  York,  Queens,  Richmond,  Nassau,  and Suffolk. Notice of all such
    16  hearings shall be widely published using the best  available  means  and
    17  media a reasonable time before every hearing. At least thirty days prior
    18  to  the  first  public  hearing and in any event no later than September

    19  fifteenth of the year ending in one or as soon as practicable  thereaft-
    20  er, the independent redistricting commission shall make widely available
    21  to  the  public,  in print form and using the best available technology,
    22  its draft redistricting plans, relevant data, and  related  information.
    23  Such  plans,  data,  and  information shall be in a form that allows and
    24  facilitates their use by the public to review, analyze, and comment upon
    25  such plans and to develop alternative redistricting plans for  presenta-
    26  tion  to  the  commission at the public hearings. The independent redis-
    27  tricting commission shall report the findings of all  such  hearings  to
    28  the legislature upon submission of a redistricting plan.

    29    (d)  The  ratio  for apportioning senators shall always be obtained by
    30  dividing the number of inhabitants, excluding aliens, by fifty, and  the
    31  senate  shall  always  be  composed of fifty members, except that if any
    32  county having three or more senators at the time  of  any  apportionment
    33  shall  be  entitled  on such ratio to an additional senator or senators,
    34  such additional senator or senators shall be given  to  such  county  in
    35  addition  to  the fifty senators, and the whole number of senators shall
    36  be increased to that extent.
    37    The senate districts, including the present ones,  as  existing  imme-
    38  diately before the enactment of a law readjusting or altering the senate
    39  districts,  shall continue to be the senate districts of the state until
    40  the expirations of the terms of the senators then in office, except  for

    41  the  purpose of an election of senators for full terms beginning at such
    42  expirations, and for the formation of assembly districts.
    43    (e) The process for redistricting congressional and state  legislative
    44  districts  established  by  this section and sections five and five-b of
    45  this article shall govern redistricting in  this  state  except  to  the
    46  extent that a court is required to order the adoption of, or changes to,
    47  a redistricting plan as a remedy for a violation of law.
    48    A  reapportionment plan and the districts contained in such plan shall
    49  be in force until the effective date of a plan based upon the subsequent
    50  federal decennial census taken in a year ending in zero unless  modified
    51  pursuant to court order.

    52    §  5.  The members of the assembly shall be chosen by single districts
    53  and shall be apportioned [by the legislature] pursuant to  this  section
    54  and  sections four and five-b of this article at each regular session at
    55  which the senate districts are readjusted or altered, and  by  the  same
    56  law,  among  the  several  counties  of  the  state, as nearly as may be

        A. 9526                             5
 
     1  according to the  number  of  their  respective  inhabitants,  excluding
     2  aliens.  Every  county  heretofore established and separately organized,
     3  except the county of Hamilton, shall always be entitled to one member of
     4  assembly, and no county shall hereafter be erected unless its population
     5  shall  entitle  it  to a member. The county of Hamilton shall elect with

     6  the county of Fulton, until the population of  the  county  of  Hamilton
     7  shall,  according to the ratio, entitle it to a member. But the legisla-
     8  ture may abolish the said county of Hamilton  and  annex  the  territory
     9  thereof to some other county or counties.
    10    The  quotient  obtained by dividing the whole number of inhabitants of
    11  the state, excluding aliens, by the number of members of assembly, shall
    12  be the ratio for apportionment, which shall  be  made  as  follows:  One
    13  member  of  assembly  shall  be  apportioned  to every county, including
    14  Fulton and Hamilton as one county, containing less than  the  ratio  and
    15  one-half  over.  Two members shall be apportioned to every other county.
    16  The remaining members of assembly shall be apportioned to  the  counties
    17  having  more  than  two  ratios  according to the number of inhabitants,

    18  excluding aliens. Members apportioned on remainders shall be apportioned
    19  to the counties having the  highest  remainders  in  the  order  thereof
    20  respectively. No county shall have more members of assembly than a coun-
    21  ty having a greater number of inhabitants, excluding aliens.
    22    The  assembly districts, including the present ones, as existing imme-
    23  diately before the enactment of a law making an apportionment of members
    24  of assembly among the  counties,  shall  continue  to  be  the  assembly
    25  districts of the state until the expiration of the terms of members then
    26  in  office, except for the purpose of an election of members of assembly
    27  for full terms beginning at such expirations.
    28    In any county entitled to more than one member, the board of  supervi-
    29  sors,  and in any city embracing an entire county and having no board of

    30  supervisors, the common council, or if there be none, the body  exercis-
    31  ing  the powers of a common council, shall assemble at such times as the
    32  legislature making an apportionment shall  prescribe,  and  divide  such
    33  counties  into  assembly districts as nearly equal in number of inhabit-
    34  ants, excluding aliens, as may be, of convenient and contiguous territo-
    35  ry in as compact form as practicable, each  of  which  shall  be  wholly
    36  within  a  senate district formed under the same apportionment, equal to
    37  the number of members of assembly to which such county  shall  be  enti-
    38  tled,  and  shall  cause  to  be filed in the office of the secretary of
    39  state and of the clerk of such county, a description of such  districts,
    40  specifying  the  number of each district and of the inhabitants thereof,
    41  excluding aliens, according to the census or  enumeration  used  as  the

    42  population  basis  for  the formation of such districts; and such appor-
    43  tionment and districts shall remain unaltered until after the next reap-
    44  portionment of members of assembly, except that the board of supervisors
    45  of any county containing a town having more than a ratio  of  apportion-
    46  ment  and  one-half  over  may  alter the assembly districts in a senate
    47  district containing such town at any time  on  or  before  March  first,
    48  nineteen  hundred  forty-six.  In  counties  having more than one senate
    49  district, the same number of assembly districts shall  be  put  in  each
    50  senate  district, unless the assembly districts cannot be evenly divided
    51  among the senate districts of any county, in which case one more  assem-
    52  bly  district  shall be put in the senate district in such county having
    53  the largest, or one less assembly district shall be put  in  the  senate

    54  district  in  such  county  having  the  smallest number of inhabitants,
    55  excluding aliens, as the case may  require.  [No  town,  except  a  town
    56  having  more  than  a  ratio  of apportionment and one-half over, and no

        A. 9526                             6

     1  block in a city inclosed by streets or public ways, shall be divided  in
     2  the  formation  of assembly districts, nor shall any districts contain a
     3  greater excess in population over an  adjoining  district  in  the  same
     4  senate  district, than the population of a town or block therein adjoin-
     5  ing such assembly district. Towns or blocks which, from  their  location
     6  may  be  included  in  either of two districts, shall be so placed as to

     7  make said districts most nearly equal in number of inhabitants,  exclud-
     8  ing  aliens.] Nothing in this section shall prevent the division, at any
     9  time, of counties and towns and the erection of new towns by the  legis-
    10  lature.
    11    An  apportionment  by the legislature, or other body, shall be subject
    12  to review by the supreme court, at the suit of any citizen,  under  such
    13  reasonable  regulations  as the legislature may prescribe; and any court
    14  before which a cause may be pending involving  an  apportionment,  shall
    15  give  precedence  thereto  over all other causes and proceedings, and if
    16  said court be not in session it shall convene promptly for the  disposi-
    17  tion of the same.  The court shall render its decision within sixty days
    18  after a petition is filed. In any judicial proceeding relating to redis-

    19  tricting of congressional or state legislative districts, any law estab-
    20  lishing  congressional  or  state legislative districts found to violate
    21  the provisions of this article shall be invalid in whole or in part.  In
    22  the  event  that  a  court finds such a violation, the legislature shall
    23  have a full and  reasonable  opportunity  to  correct  the  law's  legal
    24  infirmities.
    25    § 5-b. (a) On or before February first of each year ending with a zero
    26  and  at any other time a court orders that congressional or state legis-
    27  lative districts be amended,  an  independent  redistricting  commission
    28  shall  be  established to determine the district lines for congressional
    29  and state legislative offices. The independent redistricting  commission

    30  shall be composed of ten members, appointed as follows:
    31    (1)  two  members shall be appointed by the temporary president of the
    32  senate;
    33    (2) two members shall be appointed by the speaker of the assembly;
    34    (3) two members shall be appointed  by  the  minority  leader  of  the
    35  senate;
    36    (4)  two  members  shall  be  appointed  by the minority leader of the
    37  assembly;
    38    (5) two members shall be appointed  by  the  eight  members  appointed
    39  pursuant  to paragraphs (1) through (4) of this subdivision by a vote of
    40  not less than five members in favor of such appointment, and  these  two
    41  members  shall  not  have  been  enrolled in the preceding five years in

    42  either of the two political parties that contain the largest  or  second
    43  largest number of enrolled voters within the state;
    44    (6) one member shall be designated chair of the commission by a major-
    45  ity  of  the members appointed pursuant to paragraphs (1) through (5) of
    46  this subdivision to convene and preside over each meeting of the commis-
    47  sion.
    48    (b) The members of the independent redistricting commission  shall  be
    49  registered  voters  in this state. No member shall within the last three
    50  years:
    51    (1) be or have been a member of the  New  York  state  legislature  or
    52  United States Congress or a statewide elected official;
    53    (2) be or have been a state officer or employee or legislative employ-

    54  ee as defined in section seventy-three of the public officers law;
    55    (3) be or have been a registered lobbyist in New York state;

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     1    (4)  be  or  have been a political party chairman, as defined in para-
     2  graph (k) of subdivision one of  section  seventy-three  of  the  public
     3  officers law;
     4    (5)  be the spouse of a statewide elected official or of any member of
     5  the United States Congress, or of the state legislature.
     6    (c) To the extent practicable, the members of the  independent  redis-
     7  tricting commission shall reflect the diversity of the residents of this
     8  state  with  regard to race, ethnicity, gender, language, and geographic

     9  residence and to the extent practicable the appointing authorities shall
    10  consult with organizations devoted to protecting the  voting  rights  of
    11  minority and other voters concerning potential appointees to the commis-
    12  sion.
    13    (d)  Vacancies  in  the  membership  of the commission shall be filled
    14  within thirty days in the manner provided for in the  original  appoint-
    15  ments.
    16    (e)  The  legislature shall provide by law for the compensation of the
    17  members of the independent redistricting commission,  including  compen-
    18  sation  for actual and necessary expenses incurred in the performance of
    19  their duties.
    20    (f) A minimum of five members of the independent redistricting commis-

    21  sion shall constitute a quorum for the transaction of  any  business  or
    22  the exercise of any power of such commission prior to the appointment of
    23  the two commission members appointed pursuant to paragraph (5) of subdi-
    24  vision (a) of this section, and a minimum of seven members shall consti-
    25  tute a quorum after such members have been appointed, and no exercise of
    26  any  power of the independent redistricting commission shall occur with-
    27  out the affirmative vote of at least a majority of the members, provided
    28  that, in order to approve any redistricting plan and implementing legis-
    29  lation, the following rules shall apply:
    30    (1) In the event that the speaker of the assembly  and  the  temporary

    31  president  of  the  senate  are  members  of  the  same political party,
    32  approval of a redistricting plan and  implementing  legislation  by  the
    33  commission  for  submission to the legislature shall require the vote in
    34  support of its approval by at least seven members including at least one
    35  member appointed by each of the legislative leaders.
    36    (2) In the event that the speaker of the assembly  and  the  temporary
    37  president  of the senate are members of two different political parties,
    38  approval of a redistricting plan by the commission for submission to the
    39  legislature shall require the vote in support  of  its  approval  by  at
    40  least  seven  members  including  at  least  one member appointed by the

    41  speaker of the assembly and one member appointed by the temporary presi-
    42  dent of the senate.
    43    (g) In the event that the commission is unable to obtain  seven  votes
    44  to  approve  a redistricting plan on or before January first in the year
    45  ending in two or as soon as practicable thereafter, the commission shall
    46  submit to the  legislature  that  redistricting  plan  and  implementing
    47  legislation  that garnered the highest number of votes in support of its
    48  approval by the commission with a record of the votes  taken.    In  the
    49  event  that  more  than  one  plan received the same number of votes for
    50  approval, and such number was higher than that for any other plan,  then
    51  the  commission  shall  submit  all  plans  that obtained such number of

    52  votes.  The legislature shall consider and vote upon  such  implementing
    53  legislation in accordance with the voting rules set forth in subdivision
    54  (b) of section four of this article.

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     1    (h)  (1)  The  independent  redistricting commission shall appoint two
     2  co-executive directors by a majority vote of the commission  in  accord-
     3  ance with the following procedure:
     4    (i)  In  the  event that the speaker of the assembly and the temporary
     5  president of the senate are members of two different political  parties,
     6  the  co-executive  directors  shall  be  approved  by  a majority of the
     7  commission that includes at least one appointee by the  speaker  of  the

     8  assembly  and  at  least one appointee by the temporary president of the
     9  senate.
    10    (ii) In the event that the speaker of the assembly and  the  temporary
    11  president  of  the  senate  are members of the same political party, the
    12  co-executive directors shall be approved by a majority of the commission
    13  that includes at least one appointee by each of the legislative leaders.
    14    (2) One of the co-executive directors shall be enrolled in  the  poli-
    15  tical party with the highest number of enrolled members in the state and
    16  one  shall  be  enrolled  in the political party with the second highest
    17  number of enrolled members in  the  state.  The  co-executive  directors
    18  shall  appoint  such  staff as are necessary to perform the commission's

    19  duties, except that the commission shall review a staffing plan prepared
    20  and provided by the co-executive directors which shall contain a list of
    21  the various positions and the duties, qualifications, and salaries asso-
    22  ciated with each position.
    23    (3) In the event that the commission is unable to appoint one or  both
    24  of  the  co-executive directors within forty-five days of the establish-
    25  ment of a quorum of seven commissioners, the following  procedure  shall
    26  be followed:
    27    (i)  In  the  event that the speaker of the assembly and the temporary
    28  president of the senate are members of two different political  parties,
    29  within ten days the speaker's appointees on the commission shall appoint

    30  one  co-executive  director, and the temporary president's appointees on
    31  the commission shall appoint the other co-executive director. Also with-
    32  in ten days the minority leader of the assembly shall select a co-deputy
    33  executive director, and the minority leader of the senate  shall  select
    34  the other co-deputy executive director.
    35    (ii)  In  the event that the speaker of the assembly and the temporary
    36  president of the senate are members of the same political party,  within
    37  ten  days  the  speaker's  and  temporary  president's appointees on the
    38  commission shall together appoint one co-executive director, and the two
    39  minority leaders' appointees on the commission  shall  together  appoint
    40  the other co-executive director.

    41    (4)  In the event of a vacancy in the offices of co-executive director
    42  or co-deputy executive director, the position shall be filled within ten
    43  days of its occurrence by the same appointing authority  or  authorities
    44  that appointed his or her predecessor.
    45    (i)  The  state  budget shall include necessary appropriations for the
    46  expenses  of  the  independent  redistricting  commission,  provide  for
    47  compensation  and reimbursement of expenses for the members and staff of
    48  the commission, assign to the commission any additional duties that  the
    49  legislature  may  deem necessary to the performance of the duties stipu-
    50  lated in this article, and require other agencies and officials  of  the

    51  state  of New York and its political subdivisions to provide such infor-
    52  mation and assistance as the  commission  may  require  to  perform  its
    53  duties.
    54    § 2. Resolved (if the Senate concur), That the foregoing amendments be
    55  referred  to  the  first regular legislative session convening after the
    56  next succeeding general election of members of  the  assembly,  and,  in

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     1  conformity  with  section  1  of  article  19  of  the  constitution, be
     2  published for 3 months previous to the time of such election.
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