Walsh, Tague, Smullen, Slater, Simpson, Palmesano, Morinello, McDonough, Maher, Lemondes, Giglio,
Gandolfo, Durso, DiPietro, Brown K, Brown E, Brabenec, Blankenbush, Angelino
MLTSPNSR
Amd Art 3 §5-b, Constn
Limits the power of the legislature to amend a redistricting plan submitted by the independent redistricting commission where it affects more than two percent of the population of any district contained in such plan.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2394
SPONSOR: Ra TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition
of a new subdivision to section 5-b of article 3 of the constitution, in
relation to limiting the power of the legislature to amend a redistrict-
ing plan submitted by the independent redistricting commission
PURPOSE OR GENERAL IDEA OF BILL::
Limits the power of the legislature to amend a redistricting plan
submitted by the independent redistricting commission.
SUMMARY OF PROVISIONS::'
Section one. That section 5-b of article 3 of the constitution be
amended by adding a new subdivision. This section adds that any amend-
ments made by the senate or assembly to a redistricting plan submitted
by the independent redistricting commission shall not affect more than
two percent of the population to any district on such map. This section
also provides that if two or more plans for districts in the same legis-
lative house or for congressional districts are submitted by the commis-
sion, such plans are to be considered individually and not combined.
Section two establishes the effective date.
JUSTIFICATION::;.:
New York State has spent an estimated $10-15 million dollars on an Inde-
pendent Redistricting Commission (IRC), established to oversee the draw-
ing of assembly, senate, and congressional district lines in New York
State after every census. The IRC is a bipartisan commission and was
approved by voters in 2014.
In its debut, the IRC presented the Legislature with two competing maps,
both of which were not individually considered or individually voted on
and were rejected by the Legislature. The Legislature, under one-party
rule, decided to draw their own. The Democratic Majority's new map was
so inequitable and gerrymandered that in 2022, it was struck down in
court. The IRC reconvened and delivered another map, only to be rejected
once again by the Legislature, thus leading them to create their own
maps once again.
Section 3 of the Redistricting Reform Act of 2012 clearly states that
any amendments by the Legislature to maps made by the IRC, must not
affect more than two percent of the population in any given district.
The Legislative Majority ignored this law when they created their own
maps.
This bill will prevent the Legislature, which currently holds a super-
majority in both houses, from creating district maps that greatly differ
from the IRC's proposals. The IRC is the fairest method we have in place
to establish election districts that are as fair as they can be. Should
the IRC present competing maps to the Legislature again in the future,
the maps must be considered individually, instead of together.
PRIOR LEGISLATIVE HISTORY::
A.9410 (2024) - held for consideration in Governmental Operations New
constitutional amendment derived from the Redistricting Reform Act of
2012.
FISCAL IMPLICATIONS::
None.
LEGISLATIVE HISTORY::;
A.9410 (2024) - held for consideration in governmental operations
EFFECTIVE DATE::
If enacted, this amendment will be referred to the first regular legis-
lative session convening after the next succeeding general election of
members of the assembly.
