-  This bill is not active in this session.
 

A02086 Summary:

BILL NO    A02086 

SAME AS    SAME AS S02107

SPONSOR    Silver (MS)

COSPNSR    Weinstein, Englebright, Cusick, Weprin

MLTSPNSR   Galef, Miller, Montesano, Morelle, Schimel, 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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A02086 Actions:

BILL NO    A02086 

01/09/2013 referred to governmental operations
01/10/2013 to attorney-general for opinion
01/14/2013 reported referred to judiciary
01/14/2013 reported referred to rules
01/14/2013 reported 
01/14/2013 rules report cal.2
01/14/2013 ordered to third reading rules cal.2
01/14/2013 passed assembly
01/14/2013 delivered to senate
01/14/2013 REFERRED TO RULES
01/23/2013 SUBSTITUTED FOR S2107
01/23/2013 3RD READING CAL.2
01/23/2013 PASSED SENATE
01/23/2013 RETURNED TO ASSEMBLY
02/19/2013 delivered to secretary of state
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A02086 Votes:

A02086 01/14/2013 133/15
AbbateNOClarkYGanttNOKavanagYMcKevitYRaiaYSolagesY
AbinantYColtonYGarbariYKearnsYMcLaughYRamosYStecY
ArroyoYCookYGibsonYKellnerNOMillerYReilichYSteckY
AubryYCorwinYGiglioYKimYMillmanYRiveraERStevensY
BarclayYCrespoERGjonajYKolbYMontesaYRobertsYStirpeY
BarrettYCrouchYGlickYLalorNOMorelleYRobinsoYSweeneyY
BarronYCurranYGoldfedYLavineYMosleyYRodriguYTediscoY
BenedetYCusickYGoodellYLentolYMoyaYRosaYTenneyNO
BlankenYCymbrowYGottfriYLiftonYNojayNORosenthYThieleY
BorelliYDenDekkYGrafYLope PDYNolanYRozicYTitoneY
BoylandYDinowitYGuntherYLope VJYOaksYRussellYTitusY
BraunstYDiPietrYHawleyNOLosquadYO'DonneYRyanYWalterY
BrennanYDupreyYHeastieNOLupardoYOrtizYSaladinYWeinsteY
BrindisYEnglebrYHennessYLupinacYOtisYSantabaYWeisenbY
BronsonYEspinalYHevesiYMageeYPalmesaYScarborYWeprinY
Brook KYFahyYHikindYMagnareYPaulinYSchimelYWrightNO
BuchwalYFarrellNOHooperYMaiselYPeoplesYSchimmiYZebrowsY
ButlerYFinchYJacobsYMalliotYPerryYSepulveYMr SpkrY
CahillYFitzpatNOJaffeeYMarkeyYPretlowNOSimanowY
CamaraYFriendNOJohnsYMayerYQuartYSimotasY
CastroYGabryszYJordanYMcDonalYRaYSkartadY
CerettoYGalefYKatzNOMcDonouYRabbittNOSkoufisY

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A02086 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2086              REVISED 1/11/13
 
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 in 2014, 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. The amendments 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 technology. 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. A new section 5-b is added to establish the nature and structure 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 majority 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 amend- ment further requires that the appointing authorities 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 state- wide 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 amendment be referred to the people for approval at the general election in 2014.   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: A.9526(Silver) - passed Assembly in 2012; first legislative passage of the provisions.   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 the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2014 in accordance with the provisions of the election law.
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A02086 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2086
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by M. of A. SILVER, WEINSTEIN, ENGLEBRIGHT, CUSICK -- Multi-
          Sponsored by -- M. of A. GALEF, MILLER, MONTESANO,  MORELLE,  SCHIMEL,
          WEPRIN,  ZEBROWSKI  --  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89085-01-3

        A. 2086                             2
 
     1  purposes, in place of a federal census, when the return of  a  decennial
     2  federal  census  is delayed so that it is not available at the beginning
     3  of the regular session of the legislature in the second year  after  the
     4  year nineteen hundred thirty or after any tenth year therefrom, or if an
     5  apportionment  of  members of assembly and readjustment or alteration of

     6  senate districts is not made at or before such a session. At the regular
     7  session in the year nineteen hundred thirty-two, and at the first  regu-
     8  lar  session  after the year nineteen hundred forty and after each tenth
     9  year therefrom the senate districts shall be readjusted or altered,  but
    10  if,  in  any  decade, counting from and including that which begins with
    11  the year nineteen hundred thirty-one, such a readjustment or  alteration
    12  is  not  made at the time above prescribed, it shall be made at a subse-
    13  quent session occurring not later than the sixth year  of  such  decade,
    14  meaning  not  later  than  nineteen hundred thirty-six, nineteen hundred
    15  forty-six, nineteen hundred fifty-six, and  so  on;  provided,  however,
    16  that  if  such districts shall have been readjusted or altered by law in
    17  either of the years nineteen hundred thirty or nineteen hundred  thirty-

    18  one,  they  shall remain unaltered until the first regular session after
    19  the year nineteen hundred forty. [Such districts shall be so  readjusted
    20  or  altered  that each senate district shall contain as nearly as may be
    21  an equal number of inhabitants, excluding aliens, and be in  as  compact
    22  form  as practicable, and shall remain unaltered until the first year of
    23  the next decade as above defined, and shall  at  all  times  consist  of
    24  contiguous territory, and no county shall be divided in the formation of
    25  a  senate district except to make two or more senate districts wholly in
    26  such county.] No town, except a town having more than a  full  ratio  of
    27  apportionment,  and  no  block  in  a city inclosed by streets or public

    28  ways, shall be divided in the formation of senate districts[; nor  shall
    29  any].  In  the  reapportionment  of  senate districts, no district shall
    30  contain a greater excess in population over an adjoining district in the
    31  same county, than the population of a town or  block  therein  adjoining
    32  such district. Counties, towns or blocks which, from their location, may
    33  be  included  in  either of two districts, shall be so placed as to make
    34  said districts most nearly equal in  number  of  inhabitants,  excluding
    35  aliens.
    36    No county shall have four or more senators unless it shall have a full
    37  ratio  for each senator. No county shall have more than one-third of all
    38  the senators; and no two counties or the territory thereof as now organ-
    39  ized, which are adjoining counties,  or  which  are  separated  only  by

    40  public waters, shall have more than one-half of all the senators.
    41    (b)  The  independent redistricting commission established pursuant to
    42  section five-b of this article shall prepare  a  redistricting  plan  to
    43  establish  senate, assembly, and congressional districts every ten years
    44  commencing in two thousand twenty-one, and shall submit to the  legisla-
    45  ture  such  plan  and the implementing legislation therefor on or before
    46  January first or as soon as practicable thereafter  but  no  later  than
    47  January  fifteenth  in  the year ending in two beginning in two thousand
    48  twenty-two.  The redistricting plans for the  assembly  and  the  senate
    49  shall  be  contained  in  and  voted upon by the legislature in a single

    50  bill, and the congressional district plan may be included  in  the  same
    51  bill  if the legislature chooses to do so.  The implementing legislation
    52  shall be voted upon, without amendment, by the senate  or  the  assembly
    53  and  if  approved  by  the  first house voting upon it, such legislation
    54  shall be delivered to the other house immediately to be voted upon with-
    55  out amendment.  If approved by both houses, such  legislation  shall  be
    56  presented to the governor for action.

        A. 2086                             3
 
     1    If either house shall fail to approve the legislation implementing the
     2  first  redistricting  plan,  or the governor shall veto such legislation

     3  and the legislature shall fail to override such veto, each house or  the
     4  governor  if  he or she vetoes it, shall notify the commission that such
     5  legislation has been disapproved.  Within fifteen days of such notifica-
     6  tion and in no case later than February twenty-eighth, the redistricting
     7  commission  shall  prepare and submit to the legislature a second redis-
     8  tricting plan and the necessary implementing legislation for such  plan.
     9  Such  legislation  shall be voted upon, without amendment, by the senate
    10  or the assembly and, if approved by the first house voting upon it, such
    11  legislation shall be delivered to the  other  house  immediately  to  be
    12  voted  upon  without amendment.  If approved by both houses, such legis-

    13  lation shall be presented to the governor for action.
    14    If either house shall fail to approve the legislation implementing the
    15  second redistricting plan, or the governor shall veto  such  legislation
    16  and  the  legislature shall fail to override such veto, each house shall
    17  introduce such implementing legislation with any amendments  each  house
    18  of  the  legislature deems necessary.   All such amendments shall comply
    19  with the provisions of this article.  If approved by both  houses,  such
    20  legislation shall be presented to the governor for action.
    21    All  votes  by the senate or assembly on any redistricting plan legis-
    22  lation pursuant to this article shall be conducted  in  accordance  with
    23  the following rules:

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

    34  shall require the vote in support of  its  passage  by  at  least  sixty
    35  percent of the members elected to each house.
    36    (3)  In  the  event that the speaker of the assembly and the temporary
    37  president of the  senate  are  members  of  the  same  political  party,
    38  approval  of  legislation  submitted  by  the  independent redistricting
    39  commission pursuant to subdivision (f) or (g) of section five-b of  this
    40  article  shall  require  the  vote in support of its passage by at least
    41  two-thirds of the members elected to each house.
    42    (c) Subject to the requirements of the federal constitution and  stat-
    43  utes  and  in  compliance  with  state  constitutional requirements, the
    44  following principles shall be used in the creation of state  senate  and

    45  state assembly districts and congressional districts:
    46    (1) When drawing district lines, the commission shall consider whether
    47  such  lines  would  result  in  the  denial  or abridgement of racial or
    48  language minority voting rights, and districts shall  not  be  drawn  to
    49  have the purpose of, nor shall they result in, the denial or abridgement
    50  of  such rights. Districts shall be drawn so that, based on the totality
    51  of the circumstances, racial or minority language  groups  do  not  have
    52  less  opportunity  to  participate  in  the political process than other
    53  members of the electorate and to elect representatives of their choice.
    54    (2) To the extent practicable, districts shall contain  as  nearly  as

    55  may  be an equal number of inhabitants.  For each district that deviates

        A. 2086                             4
 
     1  from this requirement, the commission shall provide  a  specific  public
     2  explanation as to why such deviation exists.
     3    (3) Each district shall consist of contiguous territory.
     4    (4) Each district shall be as compact in form as practicable.
     5    (5)  Districts shall not be drawn to discourage competition or for the
     6  purpose of favoring or disfavoring incumbents or other particular candi-
     7  dates or political parties. The commission shall  consider  the  mainte-
     8  nance of cores of existing districts, of pre-existing political subdivi-
     9  sions,  including  counties,  cities,  and  towns, and of communities of

    10  interest.
    11    (6) In drawing senate districts, towns or  blocks  which,  from  their
    12  location  may be included in either of two districts, shall be so placed
    13  as to make said districts most nearly equal in  number  of  inhabitants.
    14  The  requirements that senate districts not divide counties or towns, as
    15  well as the 'block-on-border' and 'town-on-border' rules,  shall  remain
    16  in effect.
    17    During  the  preparation  of  the  redistricting plan, the independent
    18  redistricting commission shall conduct not less than one public  hearing
    19  on  proposals  for the redistricting of congressional and state legisla-
    20  tive districts in each of the following  (i)  cities:  Albany,  Buffalo,

    21  Syracuse,  Rochester, and White Plains; and (ii) counties: Bronx, Kings,
    22  New York, Queens, Richmond, Nassau, and  Suffolk.  Notice  of  all  such
    23  hearings  shall  be  widely published using the best available means and
    24  media a reasonable time before every hearing. At least thirty days prior
    25  to the first public hearing and in any event  no  later  than  September
    26  fifteenth  of the year ending in one or as soon as practicable thereaft-
    27  er, the independent redistricting commission shall make widely available
    28  to the public, in print form and using the  best  available  technology,
    29  its  draft  redistricting plans, relevant data, and related information.
    30  Such plans, data, and information shall be in a  form  that  allows  and

    31  facilitates their use by the public to review, analyze, and comment upon
    32  such  plans and to develop alternative redistricting plans for presenta-
    33  tion to the commission at the public hearings.  The  independent  redis-
    34  tricting  commission  shall  report the findings of all such hearings to
    35  the legislature upon submission of a redistricting plan.
    36    (d) The ratio for apportioning senators shall always  be  obtained  by
    37  dividing  the number of inhabitants, excluding aliens, by fifty, and the
    38  senate shall always be composed of fifty members,  except  that  if  any
    39  county  having  three  or more senators at the time of any apportionment
    40  shall be entitled on such ratio to an additional  senator  or  senators,
    41  such  additional  senator  or  senators shall be given to such county in

    42  addition to the fifty senators, and the whole number of  senators  shall
    43  be increased to that extent.
    44    The  senate  districts,  including the present ones, as existing imme-
    45  diately before the enactment of a law readjusting or altering the senate
    46  districts, shall continue to be the senate districts of the state  until
    47  the  expirations of the terms of the senators then in office, except for
    48  the purpose of an election of senators for full terms beginning at  such
    49  expirations, and for the formation of assembly districts.
    50    (e)  The process for redistricting congressional and state legislative
    51  districts established by this section and sections five  and  five-b  of
    52  this  article  shall  govern  redistricting  in this state except to the
    53  extent that a court is required to order the adoption of, or changes to,

    54  a redistricting plan as a remedy for a violation of law.
    55    A reapportionment plan and the districts contained in such plan  shall
    56  be in force until the effective date of a plan based upon the subsequent

        A. 2086                             5
 
     1  federal  decennial census taken in a year ending in zero unless modified
     2  pursuant to court order.
     3    §  5.  The members of the assembly shall be chosen by single districts
     4  and shall be apportioned [by the legislature] pursuant to  this  section
     5  and  sections four and five-b of this article at each regular session at
     6  which the senate districts are readjusted or altered, and  by  the  same
     7  law,  among  the  several  counties  of  the  state, as nearly as may be

     8  according to the  number  of  their  respective  inhabitants,  excluding
     9  aliens.  Every  county  heretofore established and separately organized,
    10  except the county of Hamilton, shall always be entitled to one member of
    11  assembly, and no county shall hereafter be erected unless its population
    12  shall entitle it to a member. The county of Hamilton  shall  elect  with
    13  the  county  of  Fulton,  until the population of the county of Hamilton
    14  shall, according to the ratio, entitle it to a member. But the  legisla-
    15  ture  may  abolish  the  said county of Hamilton and annex the territory
    16  thereof to some other county or counties.
    17    The quotient obtained by dividing the whole number of  inhabitants  of
    18  the state, excluding aliens, by the number of members of assembly, shall
    19  be  the  ratio  for  apportionment,  which shall be made as follows: One

    20  member of assembly shall  be  apportioned  to  every  county,  including
    21  Fulton  and  Hamilton  as one county, containing less than the ratio and
    22  one-half over. Two members shall be apportioned to every  other  county.
    23  The  remaining  members of assembly shall be apportioned to the counties
    24  having more than two ratios according  to  the  number  of  inhabitants,
    25  excluding aliens. Members apportioned on remainders shall be apportioned
    26  to  the  counties  having  the  highest  remainders in the order thereof
    27  respectively. No county shall have more members of assembly than a coun-
    28  ty having a greater number of inhabitants, excluding aliens.
    29    The assembly districts, including the present ones, as existing  imme-
    30  diately before the enactment of a law making an apportionment of members
    31  of  assembly  among  the  counties,  shall  continue  to be the assembly

    32  districts of the state until the expiration of the terms of members then
    33  in office, except for the purpose of an election of members of  assembly
    34  for full terms beginning at such expirations.
    35    In  any county entitled to more than one member, the board of supervi-
    36  sors, and in any city embracing an entire county and having no board  of
    37  supervisors,  the common council, or if there be none, the body exercis-
    38  ing the powers of a common council, shall assemble at such times as  the
    39  legislature  making  an  apportionment  shall prescribe, and divide such
    40  counties into assembly districts as nearly equal in number  of  inhabit-
    41  ants, excluding aliens, as may be, of convenient and contiguous territo-
    42  ry  in  as  compact  form  as practicable, each of which shall be wholly
    43  within a senate district formed under the same apportionment,  equal  to

    44  the  number  of  members of assembly to which such county shall be enti-
    45  tled, and shall cause to be filed in the  office  of  the  secretary  of
    46  state  and of the clerk of such county, a description of such districts,
    47  specifying the number of each district and of the  inhabitants  thereof,
    48  excluding  aliens,  according  to  the census or enumeration used as the
    49  population basis for the formation of such districts;  and  such  appor-
    50  tionment and districts shall remain unaltered until after the next reap-
    51  portionment of members of assembly, except that the board of supervisors
    52  of  any  county containing a town having more than a ratio of apportion-
    53  ment and one-half over may alter the  assembly  districts  in  a  senate
    54  district  containing  such  town  at  any time on or before March first,
    55  nineteen hundred forty-six. In counties  having  more  than  one  senate

    56  district,  the  same  number  of assembly districts shall be put in each

        A. 2086                             6
 
     1  senate district, unless the assembly districts cannot be evenly  divided
     2  among  the senate districts of any county, in which case one more assem-
     3  bly district shall be put in the senate district in such  county  having
     4  the  largest,  or  one less assembly district shall be put in the senate
     5  district in such county  having  the  smallest  number  of  inhabitants,
     6  excluding  aliens,  as  the  case  may  require. [No town, except a town
     7  having more than a ratio of apportionment  and  one-half  over,  and  no
     8  block  in a city inclosed by streets or public ways, shall be divided in
     9  the formation of assembly districts, nor shall any districts  contain  a

    10  greater  excess  in  population  over  an adjoining district in the same
    11  senate district, than the population of a town or block therein  adjoin-
    12  ing  such  assembly district. Towns or blocks which, from their location
    13  may be included in either of two districts, shall be  so  placed  as  to
    14  make  said districts most nearly equal in number of inhabitants, exclud-
    15  ing aliens.] Nothing in this section shall prevent the division, at  any
    16  time,  of counties and towns and the erection of new towns by the legis-
    17  lature.
    18    An apportionment by the legislature, or other body, shall  be  subject
    19  to  review  by the supreme court, at the suit of any citizen, under such
    20  reasonable regulations as the legislature may prescribe; and  any  court
    21  before  which  a  cause may be pending involving an apportionment, shall

    22  give precedence thereto over all other causes and  proceedings,  and  if
    23  said  court be not in session it shall convene promptly for the disposi-
    24  tion of the same.  The court shall render its decision within sixty days
    25  after a petition is filed. In any judicial proceeding relating to redis-
    26  tricting of congressional or state legislative districts, any law estab-
    27  lishing congressional or state legislative districts  found  to  violate
    28  the  provisions of this article shall be invalid in whole or in part. In
    29  the event that a court finds such a  violation,  the  legislature  shall
    30  have  a  full  and  reasonable  opportunity  to  correct the law's legal
    31  infirmities.
    32    § 5-b. (a) On or before February first of each year ending with a zero

    33  and at any other time a court orders that congressional or state  legis-
    34  lative  districts  be  amended,  an independent redistricting commission
    35  shall be established to determine the district lines  for  congressional
    36  and  state legislative offices. The independent redistricting commission
    37  shall be composed of ten members, appointed as follows:
    38    (1) two members shall be appointed by the temporary president  of  the
    39  senate;
    40    (2) two members shall be appointed by the speaker of the assembly;
    41    (3)  two  members  shall  be  appointed  by the minority leader of the
    42  senate;
    43    (4) two members shall be appointed  by  the  minority  leader  of  the
    44  assembly;

    45    (5)  two  members  shall  be  appointed by the eight members appointed
    46  pursuant to paragraphs (1) through (4) of this subdivision by a vote  of
    47  not  less  than five members in favor of such appointment, and these two
    48  members shall not have been enrolled in  the  preceding  five  years  in
    49  either  of  the two political parties that contain the largest or second
    50  largest number of enrolled voters within the state;
    51    (6) one member shall be designated chair of the commission by a major-
    52  ity of the members appointed pursuant to paragraphs (1) through  (5)  of
    53  this subdivision to convene and preside over each meeting of the commis-
    54  sion.

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     1    (b)  The  members of the independent redistricting commission shall be
     2  registered voters in this state. No member shall within the  last  three
     3  years:
     4    (1)  be  or  have  been  a member of the New York state legislature or
     5  United States Congress or a statewide elected official;
     6    (2) be or have been a state officer or employee or legislative employ-
     7  ee as defined in section seventy-three of the public officers law;
     8    (3) be or have been a registered lobbyist in New York state;
     9    (4) be or have been a political party chairman, as  defined  in  para-
    10  graph  (k)  of  subdivision  one  of section seventy-three of the public
    11  officers law;
    12    (5) be the spouse of a statewide elected official or of any member  of

    13  the United States Congress, or of the state legislature.
    14    (c)  To  the extent practicable, the members of the independent redis-
    15  tricting commission shall reflect the diversity of the residents of this
    16  state with regard to race, ethnicity, gender, language,  and  geographic
    17  residence and to the extent practicable the appointing authorities shall
    18  consult  with  organizations  devoted to protecting the voting rights of
    19  minority and other voters concerning potential appointees to the commis-
    20  sion.
    21    (d) Vacancies in the membership of  the  commission  shall  be  filled
    22  within  thirty  days in the manner provided for in the original appoint-
    23  ments.
    24    (e) The legislature shall provide by law for the compensation  of  the

    25  members  of  the independent redistricting commission, including compen-
    26  sation for actual and necessary expenses incurred in the performance  of
    27  their duties.
    28    (f) A minimum of five members of the independent redistricting commis-
    29  sion  shall  constitute  a quorum for the transaction of any business or
    30  the exercise of any power of such commission prior to the appointment of
    31  the two commission members appointed pursuant to paragraph (5) of subdi-
    32  vision (a) of this section, and a minimum of seven members shall consti-
    33  tute a quorum after such members have been appointed, and no exercise of
    34  any power of the independent redistricting commission shall occur  with-
    35  out the affirmative vote of at least a majority of the members, provided

    36  that, in order to approve any redistricting plan and implementing legis-
    37  lation, the following rules shall apply:
    38    (1)  In  the  event that the speaker of the assembly and the temporary
    39  president of the  senate  are  members  of  the  same  political  party,
    40  approval  of  a  redistricting  plan and implementing legislation by the
    41  commission for submission to the legislature shall require the  vote  in
    42  support of its approval by at least seven members including at least one
    43  member appointed by each of the legislative leaders.
    44    (2)  In  the  event that the speaker of the assembly and the temporary
    45  president of the senate are members of two different political  parties,
    46  approval of a redistricting plan by the commission for submission to the

    47  legislature  shall  require  the  vote  in support of its approval by at
    48  least seven members including at  least  one  member  appointed  by  the
    49  speaker of the assembly and one member appointed by the temporary presi-
    50  dent of the senate.
    51    (g)  In  the event that the commission is unable to obtain seven votes
    52  to approve a redistricting plan on or before January first in  the  year
    53  ending in two or as soon as practicable thereafter, the commission shall
    54  submit  to  the  legislature  that  redistricting  plan and implementing
    55  legislation that garnered the highest number of votes in support of  its
    56  approval  by  the  commission  with a record of the votes taken.  In the

        A. 2086                             8
 

     1  event that more than one plan received the  same  number  of  votes  for
     2  approval,  and such number was higher than that for any other plan, then
     3  the commission shall submit all  plans  that  obtained  such  number  of
     4  votes.    The legislature shall consider and vote upon such implementing
     5  legislation in accordance with the voting rules set forth in subdivision
     6  (b) of section four of this article.
     7    (h) (1) The independent redistricting  commission  shall  appoint  two
     8  co-executive  directors  by a majority vote of the commission in accord-
     9  ance with the following procedure:
    10    (i) In the event that the speaker of the assembly  and  the  temporary
    11  president  of the senate are members of two different political parties,

    12  the co-executive directors shall  be  approved  by  a  majority  of  the
    13  commission  that  includes  at least one appointee by the speaker of the
    14  assembly and at least one appointee by the temporary  president  of  the
    15  senate.
    16    (ii)  In  the event that the speaker of the assembly and the temporary
    17  president of the senate are members of the  same  political  party,  the
    18  co-executive directors shall be approved by a majority of the commission
    19  that includes at least one appointee by each of the legislative leaders.
    20    (2)  One  of the co-executive directors shall be enrolled in the poli-
    21  tical party with the highest number of enrolled members in the state and
    22  one shall be enrolled in the political party  with  the  second  highest

    23  number  of  enrolled  members  in  the state. The co-executive directors
    24  shall appoint such staff as are necessary to  perform  the  commission's
    25  duties, except that the commission shall review a staffing plan prepared
    26  and provided by the co-executive directors which shall contain a list of
    27  the various positions and the duties, qualifications, and salaries asso-
    28  ciated with each position.
    29    (3)  In the event that the commission is unable to appoint one or both
    30  of the co-executive directors within forty-five days of  the  establish-
    31  ment  of  a quorum of seven commissioners, the following procedure shall
    32  be followed:
    33    (i) In the event that the speaker of the assembly  and  the  temporary

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

    44  commission shall together appoint one co-executive director, and the two
    45  minority  leaders'  appointees  on the commission shall together appoint
    46  the other co-executive director.
    47    (4) In the event of a vacancy in the offices of co-executive  director
    48  or co-deputy executive director, the position shall be filled within ten
    49  days  of  its occurrence by the same appointing authority or authorities
    50  that appointed his or her predecessor.
    51    (i) The state budget shall include necessary  appropriations  for  the
    52  expenses  of  the  independent  redistricting  commission,  provide  for
    53  compensation and reimbursement of expenses for the members and staff  of
    54  the  commission, assign to the commission any additional duties that the

    55  legislature may deem necessary to the performance of the  duties  stipu-
    56  lated  in  this article, and require other agencies and officials of the

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     1  state of New York and its political subdivisions to provide such  infor-
     2  mation  and  assistance  as  the  commission  may require to perform its
     3  duties.
     4    §  2. Resolved (if the Senate concur), That the foregoing amendment be
     5  submitted to the people for approval at the general election to be  held
     6  in the year 2014 in accordance with the provisions of the election law.
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