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Speaker Carl E. Heastie
 
     
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A00435 Summary:

BILL NOA00435B
 
SAME ASSAME AS S08638
 
SPONSORMagnarelli
 
COSPNSR
 
MLTSPNSR
 
Amd 506, CPLR, amd 1 & 5, Chap 773 of 1911
 
Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts in a judicial department within which at least one petitioner resides.
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A00435 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A435B
 
SPONSOR: Magnarelli

 
TITLE OF BILL:
 
An act to amend the civil practice law and rules, in relation to desig-
nating the venue where proceedings challenging apportionment by the
legislature shall be commenced; and to amend chapter 773 of the laws of
1911 relating  to providing for a procedure for the prompt review of an
apportionment by the legislature or other body, in relation to requiring
that apportionment by the legislature shall be subject to review by
certain designated courts
 
 
PURPOSE:
 
To update and modernize the procedures for bringing a legal challenge to
a set of redistricting maps.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 adds a new provision to the Civil Practice Law and Rules to
require a proceeding challenging appointment by the Legislature to be
filed in the designated court in a judicial department where at least
one petitioner resides.
 
Section 2 amends Chapter 773 of the Laws of 1911 to require a proceeding
challenging appointment by the Legislature to be filed in the designated
court in a judicial department where at least one petitioner resides.
 
Section 3 provides the effective date.
 
 
JUSTIFICATION:
 
Article III, Section 5 of the NYS Constitution authorizes private citi-
zens to bring a lawsuit challenging a redistricting map. It also author-
izes the Legislature to prescribe "reasonable regulations" governing
such suits.
 
The bill would require redistricting challenges to be brought in the
designated court in a judicial department where at least one petitioner
resides in order to update and modernize the procedures for bringing a
legal challenge to a set of redistricting maps. This will allow such
courts to develop an expertise in redistricting actions.
 
 
LEGISLATIVE HISTORY:
 
2022: A.10693
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
Immediately.
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