Amd Art 3 2, 4, 5, 5-a & 5-b, rpld Art 3 3, Constn
Relates 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10839
SPONSOR: Rules (Zebrowski) TITLE OF BILL:
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 redis-
tricting purposes and to the functioning of the independent redistrict-
ing 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
PURPOSE OR GENERAL IDEA OF BILL:
This resolution, if passed by a new legislature in 2021 and approved by
voters of New York State, would amend the constitution to help guide the
state through the congressional and legislative redistricting
process.This resolution will make technical corrections and necessary
changes to the current redistricting process.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Clarifies that the Senate will consist of 63 members.
Section 2 Repeals section 3 of article 3 of the constitution.
Section 3 Clarifies procedures for re-enumeration and identification of
incarcerated persons so that they may be counted at their last place of
residence. Requires the state to do its own count if the census does not
show the total number of inhabitants of the entire state including
aliens and non-taxed Indians.Changes the requirements related to the
number of Senators and removes certain requirements when drawing Senate
district maps. Requires the redistricting commission prepare and submit
a redistricting plan on or before November 1, in a year ending in 1 but
no later than November 15th in a year ending in 1 and requires the
commission to send a second plan if the first is not approved by the
legislature or is vetoed by the governor by January 1st.
Section 4.Requires a vote of seven commissioners to send a plan to the
legislature but does not require an affirmative vote from a member
appointed by different political leaders. Removes provisions that would
change how the co-executive directors are chosen by the members of the
commission depending on the parties in control of each house of the
legislature and would now only require a majority vote of the commission
to appoint each co-executive directors. Moves the dates when certain
requirements of the commission must be met in order to bring the commis-
sion into compliance with the new primary election dates. Adds language
that would clarify the procedure for if the commission is unable to pass
or vote on a redistricting plan.Makes clarifying changes to the process
of selecting the co-executive directors.
Section 5 makes technical amendments to the section which apportions
Assembly districts by removing language that excluded aliens.
Section 6 provides the effective date.
JUSTIFICATION:
In 2014, the state implemented changes to the process by which to draw
the lines of legislative districts. These amendments are intended to
help guide the process the first time that it is being done. On July
15th, 2020 the Assembly and the Senate held a joint hearing on evaluat-
ing the current legal structure of redistricting in New York State in
advance of the upcoming redistricting cycle in 2021-2022.After a produc-
tive hearing it has been decided that recommendations made at that hear-
ing, by public advocates and stakeholders, along with other modifica-
tions should be incorporated into the current redistricting commission.
These amendments reflect the reality that the state has been presented
with. The census has been delayed due to issues associated with the
coronavirus. Since adoption of the 2014 amendment, the dates for
elections have been changed in a way that necessitates an update to
allow for this very important work to be accomplished. The changes that
are made include technical cleanup as well as updates to make sure that
all inhabitants of the state are counted in a manner that reflects the
values of New York.
LEGISLATIVE HISTORY:
New legislation.
FISCAL IMPLICATIONS:
This amendment is not expected to have a significant impact on the
State's budget.
EFFECTIVE DATE:
Resolved (if the concur), That the foregoing amendments be referred to
the first regular legislative session convening after the next succeed-
ing general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.
