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A10839 Actions:

BILL NOA10839
 
07/20/2020referred to judiciary
07/21/2020to attorney-general for opinion
07/22/2020reported referred to rules
07/22/2020reported
07/22/2020rules report cal.351
07/22/2020ordered to third reading rules cal.351
07/23/2020substituted by s8833
 S08833 AMEND= GIANARIS
 07/20/2020REFERRED TO JUDICIARY
 07/21/2020TO ATTORNEY-GENERAL FOR OPINION
 07/23/2020ORDERED TO THIRD READING CAL.1031
 07/23/2020PASSED SENATE
 07/23/2020DELIVERED TO ASSEMBLY
 07/23/2020referred to judiciary
 07/23/2020substituted for a10839
 07/23/2020ordered to third reading rules cal.351
 07/23/2020passed assembly
 07/23/2020returned to senate
 07/24/2020DELIVERED TO SECRETARY OF STATE
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A10839 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10839
 
                   IN ASSEMBLY
 
                                      July 20, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski,
          Rodriguez) -- read once and referred to the Committee on Judiciary
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to sections 2, 4, 5, 5-a and 5-b of article 3  of
          the  constitution,  in  relation  to  the number of state senators and
          inclusion of incarcerated persons in the federal census for population
          determination for redistricting purposes and to the functioning of the
          independent redistricting commission in the determination of  district
          lines  for  congressional and state legislative offices; and to repeal
          section 3 of article 3 of the constitution relating thereto
 
     1    Section 1.  Resolved (if the Senate concur), That section 2 of article
     2  3 of the constitution be amended to read as follows:
     3    § 2. The senate shall consist of [fifty] sixty-three members[,  except
     4  as  hereinafter provided]. The senators elected in the year one thousand
     5  eight hundred and ninety-five shall hold their offices for three  years,
     6  and  their  successors shall be chosen for two years. The assembly shall
     7  consist of one hundred and fifty members. The assembly  members  elected
     8  in  the  year  one  thousand  nine  hundred  and thirty-eight, and their
     9  successors, shall be chosen for two years.
    10    § 2. Resolved (if the Senate concur), That section 3 of article  3  of
    11  the constitution be REPEALED.
    12    §  3.  Resolved (if the Senate concur), That section 4 of article 3 of
    13  the constitution be amended to read as follows:
    14    § 4. (a) Except as herein otherwise provided, the federal census taken
    15  in the year nineteen hundred thirty and each federal census taken decen-
    16  nially thereafter shall be controlling as to the number  of  inhabitants
    17  in  the  state or any part thereof for the purposes of the apportionment
    18  of members of assembly and readjustment  or  alteration  of  senate  and
    19  assembly  districts  next  occurring,  in  so far as such census and the
    20  tabulation thereof purport to give the information  necessary  therefor.
    21  The  legislature, by law, shall provide for the making and tabulation by
    22  state authorities of an enumeration of the  inhabitants  of  the  entire
    23  state  to be used for such purposes, instead of a federal census, if the
    24  taking of a federal census in any tenth  year  from  the  year  nineteen
    25  hundred  thirty  be  omitted  or if the federal census fails to show the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89167-06-0

        A. 10839                            2
 
     1  total number of inhabitants of the entire state, including the number of
     2  aliens [or] and Indians not taxed. If a federal  census,  though  giving
     3  the  requisite  information  as to the state at large, fails to give the
     4  information  as  to any civil or territorial divisions which is required
     5  to be known for such purposes, the legislature, by  law,  shall  provide
     6  for  such  an  enumeration of the inhabitants of such parts of the state
     7  only as may be necessary, which shall  supersede  in  part  the  federal
     8  census  and  be  used  in  connection therewith for such purposes.  If a
     9  federal census fails to provide enumeration and identification of incar-
    10  cerated persons, the appropriate state entities shall  provide  informa-
    11  tion  sufficient  to re-enumerate incarcerated persons to their place of
    12  last residence for the purposes of drawing district lines, no later than
    13  September first of any year ending in one.  The legislature, by law, may
    14  provide in its discretion for an enumeration by state authorities of the
    15  inhabitants of the state, to be used for such purposes, in  place  of  a
    16  federal census, when the return of a decennial federal census is delayed
    17  so  that  it is not available at the beginning of the regular session of
    18  the legislature in the second year after the year nineteen hundred thir-
    19  ty or after any tenth year therefrom, or if an apportionment of  members
    20  of  assembly  and  readjustment or alteration of senate districts is not
    21  made at or before such a session. At the regular  session  in  the  year
    22  nineteen  hundred thirty-two, and at the first regular session after the
    23  year nineteen hundred forty and after  each  tenth  year  therefrom  the
    24  senate  districts shall be readjusted or altered, but if, in any decade,
    25  counting from and including that which begins  with  the  year  nineteen
    26  hundred thirty-one, such a readjustment or alteration is not made at the
    27  time  above  prescribed, it shall be made at a subsequent session occur-
    28  ring not later than the sixth year of such  decade,  meaning  not  later
    29  than  nineteen  hundred thirty-six, nineteen hundred forty-six, nineteen
    30  hundred fifty-six, and so on; provided, however, that if such  districts
    31  shall  have  been  readjusted  or  altered by law in either of the years
    32  nineteen hundred thirty  or  nineteen  hundred  thirty-one,  they  shall
    33  remain unaltered until the first regular session after the year nineteen
    34  hundred  forty.  No town, except a town having more than a full ratio of
    35  apportionment[, and no block in a city inclosed  by  streets  or  public
    36  ways,]  shall  be  divided in the formation of senate districts. [In the
    37  reapportionment of senate districts, no district shall contain a greater
    38  excess in population over an adjoining district in the same county, than
    39  the population of a town or block therein adjoining such district. Coun-
    40  ties, towns or blocks which, from their location,  may  be  included  in
    41  either  of  two  districts, shall be so placed as to make said districts
    42  most nearly equal in number of inhabitants, excluding aliens.
    43    No county shall have four or more senators unless it shall have a full
    44  ratio for each senator.] No county shall have more than one-third of all
    45  the senators; and no two counties or the territory thereof as now organ-
    46  ized, which are adjoining counties,  or  which  are  separated  only  by
    47  public waters, shall have more than one-half of all the senators.
    48    (b)  The  independent redistricting commission established pursuant to
    49  section five-b of this article shall prepare  a  redistricting  plan  to
    50  establish  senate, assembly, and congressional districts every ten years
    51  commencing in two thousand twenty-one, and shall submit to the  legisla-
    52  ture  such  plan  and the implementing legislation therefor on or before
    53  [January] November first or as soon as  practicable  thereafter  but  no
    54  later  than  [January]  November  fifteenth  in  the year ending in [two
    55  beginning in two thousand twenty-two] one. The redistricting  plans  for
    56  the  assembly and the senate shall be contained in and voted upon by the

        A. 10839                            3
 
     1  legislature in a single bill, and the congressional district plan may be
     2  included in the same bill if the legislature chooses  to  do  so.    The
     3  implementing  legislation shall be voted upon, without amendment, by the
     4  senate  or  the  assembly and if approved by the first house voting upon
     5  it, such legislation shall be delivered to the other  house  immediately
     6  to  be  voted  upon without amendment.  If approved by both houses, such
     7  legislation shall be presented to the governor for action.
     8    If either house shall fail to approve the legislation implementing the
     9  first redistricting plan, or the governor shall  veto  such  legislation
    10  and  the legislature shall fail to override such veto, each house or the
    11  governor if he or she vetoes it, shall notify the commission  that  such
    12  legislation has been disapproved.  Within fifteen days of such notifica-
    13  tion  and  in no case later than [February twenty-eighth] January first,
    14  the redistricting commission shall prepare and submit to the legislature
    15  a second redistricting plan and the necessary  implementing  legislation
    16  for such plan.  Such legislation shall be voted upon, without amendment,
    17  by the senate or the assembly and, if approved by the first house voting
    18  upon  it,  such  legislation shall be delivered to the other house imme-
    19  diately to be voted upon without amendment.  If approved by both houses,
    20  such legislation shall be presented to the governor for action.  In  the
    21  year  two  thousand  twenty-two only, the commission shall submit to the
    22  legislature a first redistricting plan no later than January first,  two
    23  thousand  twenty-two.   If either house shall fail to approve the legis-
    24  lation implementing the first redistricting plan, or the governor  shall
    25  veto  such  legislation  and the legislature shall fail to override such
    26  veto, each house or the governor if he or she vetoes it, shall  promptly
    27  notify  the  commission  that such legislation has been disapproved.  No
    28  later than January fifteen, two thousand twenty-two,  the  redistricting
    29  commission  shall  prepare and submit to the legislature a second redis-
    30  tricting plan and the necessary implementing legislation for such  plan.
    31  Such  legislation  shall be voted upon, without amendment, by the senate
    32  or the assembly and, if approved by the first house voting upon it, such
    33  legislation shall be delivered to the  other  house  immediately  to  be
    34  voted  upon  without amendment.  If approved by both houses, such legis-
    35  lation shall be presented to the governor for action.
    36    If either house shall fail to approve the legislation implementing the
    37  second redistricting plan, or the governor shall veto  such  legislation
    38  and the legislature shall fail to override such veto, or the redistrict-
    39  ing  commission  fails  to vote on a redistricting plan and implementing
    40  legislation by the required deadline  and  makes  a  submission  to  the
    41  legislature  pursuant  to  subdivision  (g-1)  of section five-b of this
    42  article, each house shall introduce such implementing  legislation  with
    43  any  amendments each house of the legislature deems necessary.  All such
    44  amendments shall comply  with  the  provisions  of  this  article.    If
    45  approved  by  both  houses,  such  legislation shall be presented to the
    46  governor for action.
    47    All votes by the senate or assembly on any redistricting  plan  legis-
    48  lation  pursuant  to  this article shall be conducted in accordance with
    49  the following rules:
    50    (1) [In the event that the speaker of the assembly and  the  temporary
    51  president  of the senate are members of two different political parties,
    52  approval] Approval of legislation submitted by  the  independent  redis-
    53  tricting  commission  pursuant  to  subdivision (f) of section five-b of
    54  this article shall require the vote in support  of  its  passage  by  at
    55  least a majority of the members elected to each house.

        A. 10839                            4

     1    (2)  [In  the event that the speaker of the assembly and the temporary
     2  president of the senate are members of two different political  parties,
     3  approval]  Approval  of  legislation submitted by the independent redis-
     4  tricting commission pursuant to subdivision (g)  of  section  five-b  of
     5  this  article  shall  require  the  vote in support of its passage by at
     6  least sixty percent of the members elected to each house.
     7    [(3) In the event that the speaker of the assembly and  the  temporary
     8  president  of  the  senate  are  members  of  the  same political party,
     9  approval of  legislation  submitted  by  the  independent  redistricting
    10  commission  pursuant to subdivision (f) or (g) of section five-b of this
    11  article shall require the vote in support of its  passage  by  at  least
    12  two-thirds of the members elected to each house.]
    13    (c)  Subject to the requirements of the federal constitution and stat-
    14  utes and in  compliance  with  state  constitutional  requirements,  the
    15  following  principles  shall be used in the creation of state senate and
    16  state assembly districts and congressional districts:
    17    (1) When drawing district lines, the commission shall consider whether
    18  such lines would result in  the  denial  or  abridgement  of  racial  or
    19  language  minority  voting  rights,  and districts shall not be drawn to
    20  have the purpose of, nor shall they result in, the denial or abridgement
    21  of such rights. Districts shall be drawn so that, based on the  totality
    22  of  the  circumstances,  racial  or minority language groups do not have
    23  less opportunity to participate in  the  political  process  than  other
    24  members of the electorate and to elect representatives of their choice.
    25    (2)  To  the  extent practicable, districts shall contain as nearly as
    26  may be an equal number of inhabitants.  For each district that  deviates
    27  from  this  requirement,  the commission shall provide a specific public
    28  explanation as to why such deviation exists.
    29    (3) Each district shall consist of contiguous territory.
    30    (4) Each district shall be as compact in form as practicable.
    31    (5) Districts shall not be drawn to discourage competition or for  the
    32  purpose of favoring or disfavoring incumbents or other particular candi-
    33  dates  or  political  parties. The commission shall consider the mainte-
    34  nance of cores of existing districts, of pre-existing political subdivi-
    35  sions, including counties, cities, and  towns,  and  of  communities  of
    36  interest.
    37    (6)  [In  drawing  senate districts, towns or blocks which, from their
    38  location may be included in either of two districts, shall be so  placed
    39  as  to  make  said districts most nearly equal in number of inhabitants.
    40  The requirements that senate districts not divide counties or towns,  as
    41  well  as  the 'block-on-border' and 'town-on-border' rules, shall remain
    42  in effect] To the extent practicable, all incarcerated persons shall  be
    43  re-numerated  to their place of last residence for the purposes of draw-
    44  ing district lines.
    45    During the preparation of  the  redistricting  plan,  the  independent
    46  redistricting  commission shall conduct not less than one public hearing
    47  on proposals for the redistricting of congressional and  state  legisla-
    48  tive  districts  in  each  of the following (i) cities: Albany, Buffalo,
    49  Syracuse, Rochester, and White Plains; and (ii) counties: Bronx,  Kings,
    50  New  York,  Queens,  Richmond,  Nassau,  and Suffolk. Notice of all such
    51  hearings shall be widely published using the best  available  means  and
    52  media a reasonable time before every hearing. At least thirty days prior
    53  to  the  first  public  hearing and in any event no later than September
    54  fifteenth of the year ending in one or as soon as practicable  thereaft-
    55  er, the independent redistricting commission shall make widely available
    56  to  the  public,  in print form and using the best available technology,

        A. 10839                            5
 
     1  its draft redistricting plans, relevant data, and  related  information.
     2  Such  plans,  data,  and  information shall be in a form that allows and
     3  facilitates their use by the public to review, analyze, and comment upon
     4  such  plans and to develop alternative redistricting plans for presenta-
     5  tion to the commission at the public hearings.  The  independent  redis-
     6  tricting  commission  shall  report the findings of all such hearings to
     7  the legislature upon submission of a redistricting plan.
     8    (d) The ratio for apportioning senators shall always  be  obtained  by
     9  dividing  the  number  of  inhabitants[,  excluding  aliens,] by [fifty]
    10  sixty-three, and the senate shall always be composed of  [fifty]  sixty-
    11  three  members[, except that if any county having three or more senators
    12  at the time of any apportionment shall be entitled on such ratio  to  an
    13  additional  senator  or  senators,  such  additional senator or senators
    14  shall be given to such county in addition to the fifty senators, and the
    15  whole number of senators shall be increased to that extent].
    16    The senate districts, including the present ones,  as  existing  imme-
    17  diately before the enactment of a law readjusting or altering the senate
    18  districts,  shall continue to be the senate districts of the state until
    19  the expirations of the terms of the senators then in office, except  for
    20  the  purpose of an election of senators for full terms beginning at such
    21  expirations, and for the formation of assembly districts.
    22    (e) The process for redistricting congressional and state  legislative
    23  districts  established  by  this section and sections five and five-b of
    24  this article shall govern redistricting in  this  state  except  to  the
    25  extent that a court is required to order the adoption of, or changes to,
    26  a redistricting plan as a remedy for a violation of law.
    27    A  reapportionment plan and the districts contained in such plan shall
    28  be in force until the effective date of a plan based upon the subsequent
    29  federal decennial census taken in a year ending in zero unless  modified
    30  pursuant to court order.
    31    §  4.    Resolved (if the Senate concur), That sections 5-a and 5-b of
    32  article 3 of the constitution be amended to read as follows:
    33    [§ 5-a. For the purpose of apportioning senate and assembly  districts
    34  pursuant to the foregoing provisions of this article, the term "inhabit-
    35  ants, excluding aliens" shall mean the whole number of persons.]
    36    § 5-b. (a) On or before February first of each year ending with a zero
    37  and  at any other time a court orders that congressional or state legis-
    38  lative districts be amended,  an  independent  redistricting  commission
    39  shall  be  established to determine the district lines for congressional
    40  and state legislative offices. The independent redistricting  commission
    41  shall be composed of ten members, appointed as follows:
    42    (1)  two  members shall be appointed by the temporary president of the
    43  senate;
    44    (2) two members shall be appointed by the speaker of the assembly;
    45    (3) two members shall be appointed  by  the  minority  leader  of  the
    46  senate;
    47    (4)  two  members  shall  be  appointed  by the minority leader of the
    48  assembly;
    49    (5) two members shall be appointed  by  the  eight  members  appointed
    50  pursuant  to paragraphs (1) through (4) of this subdivision by a vote of
    51  not less than five members in favor of such appointment, and  these  two
    52  members  shall  not  have  been  enrolled in the preceding five years in
    53  either of the two political parties that contain the largest  or  second
    54  largest number of enrolled voters within the state;
    55    (6) one member shall be designated chair of the commission by a major-
    56  ity  of  the members appointed pursuant to paragraphs (1) through (5) of

        A. 10839                            6
 
     1  this subdivision to convene and preside over each meeting of the commis-
     2  sion.
     3    (b)  The  members of the independent redistricting commission shall be
     4  registered voters in this state. No member shall within the  last  three
     5  years:
     6    (1)  be  or  have  been  a member of the New York state legislature or
     7  United States Congress or a statewide elected official;
     8    (2) be or have been a state officer or employee or legislative employ-
     9  ee as defined in section seventy-three of the public officers law;
    10    (3) be or have been a registered lobbyist in New York state;
    11    (4) be or have been a political party chairman, as  defined  in  para-
    12  graph  (k)  of  subdivision  one  of section seventy-three of the public
    13  officers law;
    14    (5) be the spouse of a statewide elected official or of any member  of
    15  the United States Congress, or of the state legislature.
    16    (c)  To  the extent practicable, the members of the independent redis-
    17  tricting commission shall reflect the diversity of the residents of this
    18  state with regard to race, ethnicity, gender, language,  and  geographic
    19  residence and to the extent practicable the appointing authorities shall
    20  consult  with  organizations  devoted to protecting the voting rights of
    21  minority and other voters concerning potential appointees to the commis-
    22  sion.
    23    (d) Vacancies in the membership of  the  commission  shall  be  filled
    24  within  thirty  days in the manner provided for in the original appoint-
    25  ments.
    26    (e) The legislature shall provide by law for the compensation  of  the
    27  members  of  the independent redistricting commission, including compen-
    28  sation for actual and necessary expenses incurred in the performance  of
    29  their duties.
    30    (f) A minimum of five members of the independent redistricting commis-
    31  sion  shall  constitute  a quorum for the transaction of any business or
    32  the exercise of any power of such commission prior to the appointment of
    33  the two commission members appointed pursuant to paragraph (5) of subdi-
    34  vision (a) of this section, and a minimum of seven members shall consti-
    35  tute a quorum after such members have been appointed, and no exercise of
    36  any power of the independent redistricting commission shall occur  with-
    37  out the affirmative vote of at least a majority of the members, provided
    38  that[,  in  order  to  approve  any  redistricting plan and implementing
    39  legislation, the following rules shall apply:
    40    (1) In the event that the speaker of the assembly  and  the  temporary
    41  president  of  the  senate  are  members  of  the  same political party,
    42  approval of a redistricting plan and  implementing  legislation  by  the
    43  commission  for  submission to the legislature shall require the vote in
    44  support of its approval by at least seven members including at least one
    45  member appointed by each of the legislative leaders.
    46    (2) In the event that the speaker of the assembly  and  the  temporary
    47  president of the senate are members of two different political parties,]
    48  approval  of  a  redistricting  plan and implementing legislation by the
    49  commission for submission to the legislature shall require the  vote  in
    50  support  of  its  approval by at least seven members [including at least
    51  one member appointed by the speaker  of  the  assembly  and  one  member
    52  appointed by the temporary president of the senate].
    53    (g)  In  the event that the commission is unable to obtain seven votes
    54  to approve a redistricting plan on or before [January] November first in
    55  the year ending in [two] one or as soon as practicable  thereafter,  the
    56  commission  shall  submit to the legislature that redistricting plan and

        A. 10839                            7
 
     1  implementing legislation that garnered the highest number  of  votes  in
     2  support  of  its  approval  by the commission with a record of the votes
     3  taken.  In the event that more than one plan received the same number of
     4  votes  for  approval, and such number was higher than that for any other
     5  plan, then the commission shall submit  all  plans  that  obtained  such
     6  number  of  votes.    The  legislature shall consider and vote upon such
     7  implementing legislation in accordance with the voting rules  set  forth
     8  in subdivision (b) of section four of this article.
     9    (g-1)  If  the  commission  does not vote on any redistricting plan or
    10  plans, for any reason, by the date required for submission of such  plan
    11  by  this  article,  the  commission  shall submit to the legislature all
    12  plans in its possession, both completed and in draft form, and the  data
    13  upon which such plans are based.
    14    (h)  (1)  The  independent  redistricting commission shall appoint two
    15  co-executive directors by a majority vote of the commission [in  accord-
    16  ance with the following procedure:
    17    (i)  In  the  event that the speaker of the assembly and the temporary
    18  president of the senate are members of two different political  parties,
    19  the  co-executive  directors  shall  be  approved  by  a majority of the
    20  commission that includes at least one appointee by the  speaker  of  the
    21  assembly  and  at  least one appointee by the temporary president of the
    22  senate.
    23    (ii) In the event that the speaker of the assembly and  the  temporary
    24  president  of  the  senate  are members of the same political party, the
    25  co-executive directors shall be approved by a majority of the commission
    26  that includes at least one appointee by each of  the  legislative  lead-
    27  ers].
    28    (2)  [One of the co-executive directors shall be enrolled in the poli-
    29  tical party with the highest number of enrolled members in the state and
    30  one shall be enrolled in the political party  with  the  second  highest
    31  number  of  enrolled  members  in the state.] The co-executive directors
    32  shall appoint such staff as are necessary to  perform  the  commission's
    33  duties, except that the commission shall review a staffing plan prepared
    34  and provided by the co-executive directors which shall contain a list of
    35  the various positions and the duties, qualifications, and salaries asso-
    36  ciated with each position.
    37    [(3) In the event that the commission is unable to appoint one or both
    38  of  the  co-executive directors within forty-five days of the establish-
    39  ment of a quorum of seven commissioners, the following  procedure  shall
    40  be followed:
    41    (i)  In  the  event that the speaker of the assembly and the temporary
    42  president of the senate are members of two different political  parties,
    43  within ten days the speaker's appointees on the commission shall appoint
    44  one  co-executive  director, and the temporary president's appointees on
    45  the commission shall appoint the other co-executive director. Also with-
    46  in ten days the minority leader of the assembly shall select a co-deputy
    47  executive director, and the minority leader of the senate  shall  select
    48  the other co-deputy executive director.
    49    (ii)  In  the event that the speaker of the assembly and the temporary
    50  president of the senate are members of the same political party,  within
    51  ten  days  the  speaker's  and  temporary  president's appointees on the
    52  commission shall together appoint one co-executive director, and the two
    53  minority leaders' appointees on the commission  shall  together  appoint
    54  the other co-executive director.
    55    (4)  In the event of a vacancy in the offices of co-executive director
    56  or co-deputy executive director, the position shall be filled within ten

        A. 10839                            8

     1  days of its occurrence by the same appointing authority  or  authorities
     2  that appointed his or her predecessor.]
     3    (i)  The  state  budget shall include necessary appropriations for the
     4  expenses  of  the  independent  redistricting  commission,  provide  for
     5  compensation  and reimbursement of expenses for the members and staff of
     6  the commission, assign to the commission any additional duties that  the
     7  legislature  may  deem necessary to the performance of the duties stipu-
     8  lated in this article, and require other agencies and officials  of  the
     9  state  of New York and its political subdivisions to provide such infor-
    10  mation and assistance as the  commission  may  require  to  perform  its
    11  duties.
    12    §  5.  Resolved (if the Senate concur), That section 5 of article 3 of
    13  the constitution be amended to read as follows:
    14    § 5. The members of the assembly shall be chosen by  single  districts
    15  and  shall be apportioned pursuant to this section and sections four and
    16  five-b of this article at each  regular  session  at  which  the  senate
    17  districts  are  readjusted  or  altered,  and by the same law, among the
    18  several counties of the state, as nearly as  may  be  according  to  the
    19  number of their respective inhabitants[, excluding aliens]. Every county
    20  heretofore  established  and  separately organized, except the county of
    21  Hamilton, shall always be entitled to one member  of  assembly,  and  no
    22  county shall hereafter be erected unless its population shall entitle it
    23  to  a  member.  The  county  of  Hamilton shall elect with the county of
    24  Fulton, until the population of the county of Hamilton shall,  according
    25  to  the  ratio,  entitle it to a member. But the legislature may abolish
    26  the said county of Hamilton and annex  the  territory  thereof  to  some
    27  other county or counties.
    28    The  quotient  obtained by dividing the whole number of inhabitants of
    29  the state, [excluding aliens,] by the number  of  members  of  assembly,
    30  shall  be  the  ratio for apportionment, which shall be made as follows:
    31  One member of assembly shall be apportioned to every  county,  including
    32  Fulton  and  Hamilton  as one county, containing less than the ratio and
    33  one-half over. Two members shall be apportioned to every  other  county.
    34  The  remaining  members of assembly shall be apportioned to the counties
    35  having more than two ratios according to  the  number  of  inhabitants[,
    36  excluding  aliens].  Members  apportioned  on remainders shall be appor-
    37  tioned to the counties having the highest remainders in the order there-
    38  of respectively. No county shall have more members of  assembly  than  a
    39  county having a greater number of inhabitants[, excluding aliens].
    40    The  assembly districts, including the present ones, as existing imme-
    41  diately before the enactment of a law making an apportionment of members
    42  of assembly among the  counties,  shall  continue  to  be  the  assembly
    43  districts of the state until the expiration of the terms of members then
    44  in  office, except for the purpose of an election of members of assembly
    45  for full terms beginning at such expirations.
    46    In any county entitled to more than one member, the board of  supervi-
    47  sors,  and in any city embracing an entire county and having no board of
    48  supervisors, the common council, or if there be none, the body  exercis-
    49  ing  the powers of a common council, shall assemble at such times as the
    50  legislature making an apportionment shall  prescribe,  and  divide  such
    51  counties  into  assembly districts as nearly equal in number of inhabit-
    52  ants, [excluding aliens,] as may be, of convenient and contiguous terri-
    53  tory in as compact form as practicable, each of which  shall  be  wholly
    54  within  a  senate district formed under the same apportionment, equal to
    55  the number of members of assembly to which such county  shall  be  enti-
    56  tled,  and  shall  cause  to  be filed in the office of the secretary of

        A. 10839                            9
 
     1  state and of the clerk of such county, a description of such  districts,
     2  specifying  the  number of each district and of the inhabitants thereof,
     3  [excluding aliens,] according to the census or enumeration used  as  the
     4  population  basis  for  the formation of such districts; and such appor-
     5  tionment and districts shall remain unaltered until after the next reap-
     6  portionment of members of assembly, except that the board of supervisors
     7  of any county containing a town having more than a ratio  of  apportion-
     8  ment  and  one-half  over  may  alter the assembly districts in a senate
     9  district containing such town at any time  on  or  before  March  first,
    10  nineteen  hundred  forty-six.  In  counties  having more than one senate
    11  district, the same number of assembly districts shall  be  put  in  each
    12  senate  district, unless the assembly districts cannot be evenly divided
    13  among the senate districts of any county, in which case one more  assem-
    14  bly  district  shall be put in the senate district in such county having
    15  the largest, or one less assembly district shall be put  in  the  senate
    16  district  in  such  county  having  the  smallest number of inhabitants,
    17  [excluding aliens,] as the case may require.   Nothing in  this  section
    18  shall  prevent  the division, at any time, of counties and towns and the
    19  erection of new towns by the legislature.
    20    An apportionment by the legislature, or other body, shall  be  subject
    21  to  review  by the supreme court, at the suit of any citizen, under such
    22  reasonable regulations as the legislature may prescribe; and  any  court
    23  before  which  a  cause may be pending involving an apportionment, shall
    24  give precedence thereto over all other causes and  proceedings,  and  if
    25  said  court be not in session it shall convene promptly for the disposi-
    26  tion of the same.  The court shall render its decision within sixty days
    27  after a petition is filed. In any judicial proceeding relating to redis-
    28  tricting of congressional or state legislative districts, any law estab-
    29  lishing congressional or state legislative districts  found  to  violate
    30  the  provisions of this article shall be invalid in whole or in part. In
    31  the event that a court finds such a  violation,  the  legislature  shall
    32  have  a  full  and  reasonable  opportunity  to  correct the law's legal
    33  infirmities.
    34    § 6. Resolved (if the Senate  concur), That the  foregoing  amendments
    35  be referred to the first regular legislative session convening after the
    36  next  succeeding  general  election  of members of the assembly, and, in
    37  conformity with  section  1  of  article  19  of  the  constitution,  be
    38  published for 3 months previous to the time of such election.
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