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.
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.
