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.
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
A. 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.
