STATE OF NEW YORK
________________________________________________________________________
2107
2013-2014 Regular Sessions
IN SENATE
January 10, 2013
___________
Introduced by Sens. SKELOS, KLEIN -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
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 Assembly 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89085-01-3
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1 year nineteen hundred thirty or after any tenth year therefrom, or if an
2 apportionment of members of assembly and readjustment or alteration of
3 senate districts is not made at or before such a session. At the regular
4 session in the year nineteen hundred thirty-two, and at the first regu-
5 lar session after the year nineteen hundred forty and after each tenth
6 year therefrom the senate districts shall be readjusted or altered, but
7 if, in any decade, counting from and including that which begins with
8 the year nineteen hundred thirty-one, such a readjustment or alteration
9 is not made at the time above prescribed, it shall be made at a subse-
10 quent session occurring not later than the sixth year of such decade,
11 meaning not later than nineteen hundred thirty-six, nineteen hundred
12 forty-six, nineteen hundred fifty-six, and so on; provided, however,
13 that if such districts shall have been readjusted or altered by law in
14 either of the years nineteen hundred thirty or nineteen hundred thirty-
15 one, they shall remain unaltered until the first regular session after
16 the year nineteen hundred forty. [Such districts shall be so readjusted
17 or altered that each senate district shall contain as nearly as may be
18 an equal number of inhabitants, excluding aliens, and be in as compact
19 form as practicable, and shall remain unaltered until the first year of
20 the next decade as above defined, and shall at all times consist of
21 contiguous territory, and no county shall be divided in the formation of
22 a senate district except to make two or more senate districts wholly in
23 such county.] No town, except a town having more than a full ratio of
24 apportionment, and no block in a city inclosed by streets or public
25 ways, shall be divided in the formation of senate districts[; nor shall
26 any]. In the reapportionment of senate districts, no district shall
27 contain a greater excess in population over an adjoining district in the
28 same county, than the population of a town or block therein adjoining
29 such district. Counties, towns or blocks which, from their location, may
30 be included in either of two districts, shall be so placed as to make
31 said districts most nearly equal in number of inhabitants, excluding
32 aliens.
33 No county shall have four or more senators unless it shall have a full
34 ratio for each senator. No county shall have more than one-third of all
35 the senators; and no two counties or the territory thereof as now organ-
36 ized, which are adjoining counties, or which are separated only by
37 public waters, shall have more than one-half of all the senators.
38 (b) The independent redistricting commission established pursuant to
39 section five-b of this article shall prepare a redistricting plan to
40 establish senate, assembly, and congressional districts every ten years
41 commencing in two thousand twenty-one, and shall submit to the legisla-
42 ture such plan and the implementing legislation therefor on or before
43 January first or as soon as practicable thereafter but no later than
44 January fifteenth in the year ending in two beginning in two thousand
45 twenty-two. The redistricting plans for the assembly and the senate
46 shall be contained in and voted upon by the legislature in a single
47 bill, and the congressional district plan may be included in the same
48 bill if the legislature chooses to do so. The implementing legislation
49 shall be voted upon, without amendment, by the senate or the assembly
50 and if approved by the first house voting upon it, such legislation
51 shall be delivered to the other house immediately to be voted upon with-
52 out amendment. If approved by both houses, such legislation shall be
53 presented to the governor for action.
54 If either house shall fail to approve the legislation implementing the
55 first redistricting plan, or the governor shall veto such legislation
56 and the legislature shall fail to override such veto, each house or the
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1 governor if he or she vetoes it, shall notify the commission that such
2 legislation has been disapproved. Within fifteen days of such notifica-
3 tion and in no case later than February twenty-eighth, the redistricting
4 commission shall prepare and submit to the legislature a second redis-
5 tricting plan and the necessary implementing legislation for such plan.
6 Such legislation shall be voted upon, without amendment, by the senate
7 or the assembly and, if approved by the first house voting upon it, such
8 legislation shall be delivered to the other house immediately to be
9 voted upon without amendment. If approved by both houses, such legis-
10 lation shall be presented to the governor for action.
11 If either house shall fail to approve the legislation implementing the
12 second redistricting plan, or the governor shall veto such legislation
13 and the legislature shall fail to override such veto, each house shall
14 introduce such implementing legislation with any amendments each house
15 of the legislature deems necessary. All such amendments shall comply
16 with the provisions of this article. If approved by both houses, such
17 legislation shall be presented to the governor for action.
18 All votes by the senate or assembly on any redistricting plan legis-
19 lation pursuant to this article shall be conducted in accordance with
20 the following rules:
21 (1) In the event that the speaker of the assembly and the temporary
22 president of the senate are members of two different political parties,
23 approval of legislation submitted by the independent redistricting
24 commission pursuant to subdivision (f) of section five-b of this article
25 shall require the vote in support of its passage by at least a majority
26 of the members elected to each house.
27 (2) 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 approval of legislation submitted by the independent redistricting
30 commission pursuant to subdivision (g) of section five-b of this article
31 shall require the vote in support of its passage by at least sixty
32 percent of the members elected to each house.
33 (3) In the event that the speaker of the assembly and the temporary
34 president of the senate are members of the same political party,
35 approval of legislation submitted by the independent redistricting
36 commission pursuant to subdivision (f) or (g) of section five-b of this
37 article shall require the vote in support of its passage by at least
38 two-thirds of the members elected to each house.
39 (c) Subject to the requirements of the federal constitution and stat-
40 utes and in compliance with state constitutional requirements, the
41 following principles shall be used in the creation of state senate and
42 state assembly districts and congressional districts:
43 (1) When drawing district lines, the commission shall consider whether
44 such lines would result in the denial or abridgement of racial or
45 language minority voting rights, and districts shall not be drawn to
46 have the purpose of, nor shall they result in, the denial or abridgement
47 of such rights. Districts shall be drawn so that, based on the totality
48 of the circumstances, racial or minority language groups do not have
49 less opportunity to participate in the political process than other
50 members of the electorate and to elect representatives of their choice.
51 (2) To the extent practicable, districts shall contain as nearly as
52 may be an equal number of inhabitants. For each district that deviates
53 from this requirement, the commission shall provide a specific public
54 explanation as to why such deviation exists.
55 (3) Each district shall consist of contiguous territory.
56 (4) Each district shall be as compact in form as practicable.
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1 (5) Districts shall not be drawn to discourage competition or for the
2 purpose of favoring or disfavoring incumbents or other particular candi-
3 dates or political parties. The commission shall consider the mainte-
4 nance of cores of existing districts, of pre-existing political subdivi-
5 sions, including counties, cities, and towns, and of communities of
6 interest.
7 (6) In drawing senate districts, towns or blocks which, from their
8 location may be included in either of two districts, shall be so placed
9 as to make said districts most nearly equal in number of inhabitants.
10 The requirements that senate districts not divide counties or towns, as
11 well as the 'block-on-border' and 'town-on-border' rules, shall remain
12 in effect.
13 During the preparation of the redistricting plan, the independent
14 redistricting commission shall conduct not less than one public hearing
15 on proposals for the redistricting of congressional and state legisla-
16 tive districts in each of the following (i) cities: Albany, Buffalo,
17 Syracuse, Rochester, and White Plains; and (ii) counties: Bronx, Kings,
18 New York, Queens, Richmond, Nassau, and Suffolk. Notice of all such
19 hearings shall be widely published using the best available means and
20 media a reasonable time before every hearing. At least thirty days prior
21 to the first public hearing and in any event no later than September
22 fifteenth of the year ending in one or as soon as practicable thereaft-
23 er, the independent redistricting commission shall make widely available
24 to the public, in print form and using the best available technology,
25 its draft redistricting plans, relevant data, and related information.
26 Such plans, data, and information shall be in a form that allows and
27 facilitates their use by the public to review, analyze, and comment upon
28 such plans and to develop alternative redistricting plans for presenta-
29 tion to the commission at the public hearings. The independent redis-
30 tricting commission shall report the findings of all such hearings to
31 the legislature upon submission of a redistricting plan.
32 (d) The ratio for apportioning senators shall always be obtained by
33 dividing the number of inhabitants, excluding aliens, by fifty, and the
34 senate shall always be composed of fifty members, except that if any
35 county having three or more senators at the time of any apportionment
36 shall be entitled on such ratio to an additional senator or senators,
37 such additional senator or senators shall be given to such county in
38 addition to the fifty senators, and the whole number of senators shall
39 be increased to that extent.
40 The senate districts, including the present ones, as existing imme-
41 diately before the enactment of a law readjusting or altering the senate
42 districts, shall continue to be the senate districts of the state until
43 the expirations of the terms of the senators then in office, except for
44 the purpose of an election of senators for full terms beginning at such
45 expirations, and for the formation of assembly districts.
46 (e) The process for redistricting congressional and state legislative
47 districts established by this section and sections five and five-b of
48 this article shall govern redistricting in this state except to the
49 extent that a court is required to order the adoption of, or changes to,
50 a redistricting plan as a remedy for a violation of law.
51 A reapportionment plan and the districts contained in such plan shall
52 be in force until the effective date of a plan based upon the subsequent
53 federal decennial census taken in a year ending in zero unless modified
54 pursuant to court order.
55 § 5. The members of the assembly shall be chosen by single districts
56 and shall be apportioned [by the legislature] pursuant to this section
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1 and sections four and five-b of this article at each regular session at
2 which the senate districts are readjusted or altered, and by the same
3 law, among the several counties of the state, as nearly as may be
4 according to the number of their respective inhabitants, excluding
5 aliens. Every county heretofore established and separately organized,
6 except the county of Hamilton, shall always be entitled to one member of
7 assembly, and no county shall hereafter be erected unless its population
8 shall entitle it to a member. The county of Hamilton shall elect with
9 the county of Fulton, until the population of the county of Hamilton
10 shall, according to the ratio, entitle it to a member. But the legisla-
11 ture may abolish the said county of Hamilton and annex the territory
12 thereof to some other county or counties.
13 The quotient obtained by dividing the whole number of inhabitants of
14 the state, excluding aliens, by the number of members of assembly, shall
15 be the ratio for apportionment, which shall be made as follows: One
16 member of assembly shall be apportioned to every county, including
17 Fulton and Hamilton as one county, containing less than the ratio and
18 one-half over. Two members shall be apportioned to every other county.
19 The remaining members of assembly shall be apportioned to the counties
20 having more than two ratios according to the number of inhabitants,
21 excluding aliens. Members apportioned on remainders shall be apportioned
22 to the counties having the highest remainders in the order thereof
23 respectively. No county shall have more members of assembly than a coun-
24 ty having a greater number of inhabitants, excluding aliens.
25 The assembly districts, including the present ones, as existing imme-
26 diately before the enactment of a law making an apportionment of members
27 of assembly among the counties, shall continue to be the assembly
28 districts of the state until the expiration of the terms of members then
29 in office, except for the purpose of an election of members of assembly
30 for full terms beginning at such expirations.
31 In any county entitled to more than one member, the board of supervi-
32 sors, and in any city embracing an entire county and having no board of
33 supervisors, the common council, or if there be none, the body exercis-
34 ing the powers of a common council, shall assemble at such times as the
35 legislature making an apportionment shall prescribe, and divide such
36 counties into assembly districts as nearly equal in number of inhabit-
37 ants, excluding aliens, as may be, of convenient and contiguous territo-
38 ry in as compact form as practicable, each of which shall be wholly
39 within a senate district formed under the same apportionment, equal to
40 the number of members of assembly to which such county shall be enti-
41 tled, and shall cause to be filed in the office of the secretary of
42 state and of the clerk of such county, a description of such districts,
43 specifying the number of each district and of the inhabitants thereof,
44 excluding aliens, according to the census or enumeration used as the
45 population basis for the formation of such districts; and such appor-
46 tionment and districts shall remain unaltered until after the next reap-
47 portionment of members of assembly, except that the board of supervisors
48 of any county containing a town having more than a ratio of apportion-
49 ment and one-half over may alter the assembly districts in a senate
50 district containing such town at any time on or before March first,
51 nineteen hundred forty-six. In counties having more than one senate
52 district, the same number of assembly districts shall be put in each
53 senate district, unless the assembly districts cannot be evenly divided
54 among the senate districts of any county, in which case one more assem-
55 bly district shall be put in the senate district in such county having
56 the largest, or one less assembly district shall be put in the senate
S. 2107 6
1 district in such county having the smallest number of inhabitants,
2 excluding aliens, as the case may require. [No town, except a town
3 having more than a ratio of apportionment and one-half over, and no
4 block in a city inclosed by streets or public ways, shall be divided in
5 the formation of assembly districts, nor shall any districts contain a
6 greater excess in population over an adjoining district in the same
7 senate district, than the population of a town or block therein adjoin-
8 ing such assembly district. Towns or blocks which, from their location
9 may be included in either of two districts, shall be so placed as to
10 make said districts most nearly equal in number of inhabitants, exclud-
11 ing aliens.] Nothing in this section shall prevent the division, at any
12 time, of counties and towns and the erection of new towns by the legis-
13 lature.
14 An apportionment by the legislature, or other body, shall be subject
15 to review by the supreme court, at the suit of any citizen, under such
16 reasonable regulations as the legislature may prescribe; and any court
17 before which a cause may be pending involving an apportionment, shall
18 give precedence thereto over all other causes and proceedings, and if
19 said court be not in session it shall convene promptly for the disposi-
20 tion of the same. The court shall render its decision within sixty days
21 after a petition is filed. In any judicial proceeding relating to redis-
22 tricting of congressional or state legislative districts, any law estab-
23 lishing congressional or state legislative districts found to violate
24 the provisions of this article shall be invalid in whole or in part. In
25 the event that a court finds such a violation, the legislature shall
26 have a full and reasonable opportunity to correct the law's legal
27 infirmities.
28 § 5-b. (a) On or before February first of each year ending with a zero
29 and at any other time a court orders that congressional or state legis-
30 lative districts be amended, an independent redistricting commission
31 shall be established to determine the district lines for congressional
32 and state legislative offices. The independent redistricting commission
33 shall be composed of ten members, appointed as follows:
34 (1) two members shall be appointed by the temporary president of the
35 senate;
36 (2) two members shall be appointed by the speaker of the assembly;
37 (3) two members shall be appointed by the minority leader of the
38 senate;
39 (4) two members shall be appointed by the minority leader of the
40 assembly;
41 (5) two members shall be appointed by the eight members appointed
42 pursuant to paragraphs (1) through (4) of this subdivision by a vote of
43 not less than five members in favor of such appointment, and these two
44 members shall not have been enrolled in the preceding five years in
45 either of the two political parties that contain the largest or second
46 largest number of enrolled voters within the state;
47 (6) one member shall be designated chair of the commission by a major-
48 ity of the members appointed pursuant to paragraphs (1) through (5) of
49 this subdivision to convene and preside over each meeting of the commis-
50 sion.
51 (b) The members of the independent redistricting commission shall be
52 registered voters in this state. No member shall within the last three
53 years:
54 (1) be or have been a member of the New York state legislature or
55 United States Congress or a statewide elected official;
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1 (2) be or have been a state officer or employee or legislative employ-
2 ee as defined in section seventy-three of the public officers law;
3 (3) be or have been a registered lobbyist in New York state;
4 (4) be or have been a political party chairman, as defined in para-
5 graph (k) of subdivision one of section seventy-three of the public
6 officers law;
7 (5) be the spouse of a statewide elected official or of any member of
8 the United States Congress, or of the state legislature.
9 (c) To the extent practicable, the members of the independent redis-
10 tricting commission shall reflect the diversity of the residents of this
11 state with regard to race, ethnicity, gender, language, and geographic
12 residence and to the extent practicable the appointing authorities shall
13 consult with organizations devoted to protecting the voting rights of
14 minority and other voters concerning potential appointees to the commis-
15 sion.
16 (d) Vacancies in the membership of the commission shall be filled
17 within thirty days in the manner provided for in the original appoint-
18 ments.
19 (e) The legislature shall provide by law for the compensation of the
20 members of the independent redistricting commission, including compen-
21 sation for actual and necessary expenses incurred in the performance of
22 their duties.
23 (f) A minimum of five members of the independent redistricting commis-
24 sion shall constitute a quorum for the transaction of any business or
25 the exercise of any power of such commission prior to the appointment of
26 the two commission members appointed pursuant to paragraph (5) of subdi-
27 vision (a) of this section, and a minimum of seven members shall consti-
28 tute a quorum after such members have been appointed, and no exercise of
29 any power of the independent redistricting commission shall occur with-
30 out the affirmative vote of at least a majority of the members, provided
31 that, in order to approve any redistricting plan and implementing legis-
32 lation, the following rules shall apply:
33 (1) In the event that the speaker of the assembly and the temporary
34 president of the senate are members of the same political party,
35 approval of a redistricting plan and implementing legislation by the
36 commission for submission to the legislature shall require the vote in
37 support of its approval by at least seven members including at least one
38 member appointed by each of the legislative leaders.
39 (2) In the event that the speaker of the assembly and the temporary
40 president of the senate are members of two different political parties,
41 approval of a redistricting plan by the commission for submission to the
42 legislature shall require the vote in support of its approval by at
43 least seven members including at least one member appointed by the
44 speaker of the assembly and one member appointed by the temporary presi-
45 dent of the senate.
46 (g) In the event that the commission is unable to obtain seven votes
47 to approve a redistricting plan on or before January first in the year
48 ending in two or as soon as practicable thereafter, the commission shall
49 submit to the legislature that redistricting plan and implementing
50 legislation that garnered the highest number of votes in support of its
51 approval by the commission with a record of the votes taken. In the
52 event that more than one plan received the same number of votes for
53 approval, and such number was higher than that for any other plan, then
54 the commission shall submit all plans that obtained such number of
55 votes. The legislature shall consider and vote upon such implementing
S. 2107 8
1 legislation in accordance with the voting rules set forth in subdivision
2 (b) of section four of this article.
3 (h) (1) The independent redistricting commission shall appoint two
4 co-executive directors by a majority vote of the commission in accord-
5 ance with the following procedure:
6 (i) In the event that the speaker of the assembly and the temporary
7 president of the senate are members of two different political parties,
8 the co-executive directors shall be approved by a majority of the
9 commission that includes at least one appointee by the speaker of the
10 assembly and at least one appointee by the temporary president of the
11 senate.
12 (ii) In the event that the speaker of the assembly and the temporary
13 president of the senate are members of the same political party, the
14 co-executive directors shall be approved by a majority of the commission
15 that includes at least one appointee by each of the legislative leaders.
16 (2) One of the co-executive directors shall be enrolled in the poli-
17 tical party with the highest number of enrolled members in the state and
18 one shall be enrolled in the political party with the second highest
19 number of enrolled members in the state. The co-executive directors
20 shall appoint such staff as are necessary to perform the commission's
21 duties, except that the commission shall review a staffing plan prepared
22 and provided by the co-executive directors which shall contain a list of
23 the various positions and the duties, qualifications, and salaries asso-
24 ciated with each position.
25 (3) In the event that the commission is unable to appoint one or both
26 of the co-executive directors within forty-five days of the establish-
27 ment of a quorum of seven commissioners, the following procedure shall
28 be followed:
29 (i) In the event that the speaker of the assembly and the temporary
30 president of the senate are members of two different political parties,
31 within ten days the speaker's appointees on the commission shall appoint
32 one co-executive director, and the temporary president's appointees on
33 the commission shall appoint the other co-executive director. Also with-
34 in ten days the minority leader of the assembly shall select a co-deputy
35 executive director, and the minority leader of the senate shall select
36 the other co-deputy executive director.
37 (ii) In the event that the speaker of the assembly and the temporary
38 president of the senate are members of the same political party, within
39 ten days the speaker's and temporary president's appointees on the
40 commission shall together appoint one co-executive director, and the two
41 minority leaders' appointees on the commission shall together appoint
42 the other co-executive director.
43 (4) In the event of a vacancy in the offices of co-executive director
44 or co-deputy executive director, the position shall be filled within ten
45 days of its occurrence by the same appointing authority or authorities
46 that appointed his or her predecessor.
47 (i) The state budget shall include necessary appropriations for the
48 expenses of the independent redistricting commission, provide for
49 compensation and reimbursement of expenses for the members and staff of
50 the commission, assign to the commission any additional duties that the
51 legislature may deem necessary to the performance of the duties stipu-
52 lated in this article, and require other agencies and officials of the
53 state of New York and its political subdivisions to provide such infor-
54 mation and assistance as the commission may require to perform its
55 duties.
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1 § 2. Resolved (if the Assembly concur), That the foregoing amendment
2 be submitted to the people for approval at the general election to be
3 held in the year 2014 in accordance with the provisions of the election
4 law.
