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.Go to top
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 stateGo to top
Go to top
Go to top
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.
Go to top
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. LBD89085-01-3A. 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 readjusted20 or altered that each senate district shall contain as nearly as may be21 an equal number of inhabitants, excluding aliens, and be in as compact22 form as practicable, and shall remain unaltered until the first year of23 the next decade as above defined, and shall at all times consist of24 contiguous territory, and no county shall be divided in the formation of25 a senate district except to make two or more senate districts wholly in26 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 shall29 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 deviatesA. 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 subsequentA. 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 eachA. 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 town7 having more than a ratio of apportionment and one-half over, and no8 block in a city inclosed by streets or public ways, shall be divided in9 the formation of assembly districts, nor shall any districts contain a10 greater excess in population over an adjoining district in the same11 senate district, than the population of a town or block therein adjoin-12 ing such assembly district. Towns or blocks which, from their location13 may be included in either of two districts, shall be so placed as to14 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.A. 2086 7 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 theA. 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 theA. 2086 9 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.