NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11553A
SPONSOR: Rules (Heastie) TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to sections 4 and 5-b of article 3 of the constitution, in relation to
the independent redistricting commission
PURPOSE OR GENERAL IDEA OF BILL:
This concurrent resolution, if passed by second legislature and approved
by the people, would amend sections 4 and 5-b and add a new section 5-c
to article 3 of the constitution.
SUMMARY OF PROVISIONS:
Section one amends the processes for redistricting congressional and
state legislative districts in the state.
Section two requires that such amendment be referred to the first regu-
lar legislative session convening after the next succeeding general
election of Members of the Assembly and published for 3 months previous
to the time of such election.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Technical edit for clarification.
JUSTIFICATION:
The current process governing redistricting in the state has led to
confusion, multi-year litigation, postponed elections, and rushed
consideration and adoption of district lines. Additionally, the redis-
tricting constraints in the state constitution are out of alignment with
the federal jurisprudence that has developed in the time since these
provisions of the constitution were adopted.
The overly burdensome process and constraining criteria, together with
the evolution of jurisprudence around redistricting, requires New York
to update its processes when it comes to redistricting. The most
recently enacted congressional lines were the result of a convoluted
process that ultimately resulted in hurriedly drawn lines. The tempo-
rary authority for the legislature to redraw those lines for the 2028
and 2030 elections through the normal legislative process will allow for
the legislature to revisit those lines and make changes as may be neces-
sary, in accordance with the federal constitution and statutes.
Beginning with the next federal census, these proposed changes will
maintain the requirement for the Independent Redistricting Commission
(IRC) to convene, hold hearings, and advance redistricting plans to the
legislature, but will revise the process for the legislature's consider-
ation of IRC redistricting plans to ensure adequate time to evaluate and
vote on such plans, and - if necessary - to enact redistricting legis-
lation should an IRC plan not be adopted.
Further, these proposed changes will also remove certain redistricting
criteria from the state constitution to better align the state's redis-
tricting process with current United States Supreme Court precedent,
while leaving in place critical criteria that prioritizes voter enfran-
chisement and voter choice. And finally, to account for potential
further evolution in federal jurisprudence largely affecting congres-
sional districts, the legislature would have the authority to redraw
congressional districts between decennial censuses, subject to the
federal and state constitutional requirements, should a future need for
revisions arise.
PRIOR LEGISLATIVE HISTORY:
New legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This bill must pass two successive Legislatures and then placed on the
ballot in a general election. If supported by a majority of New York
voters it would take effect January 1st following the general election
in which it was placed on the ballot.
