Relates to the definition of "population" for purposes of providing substantially equal weight for the population of that local government in the allocation of representation in the local legislative body.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A892
SPONSOR: Jacobson TITLE OF BILL:
An act to amend the municipal home rule law, in relation to the defi-
nition of "population" for purposes of providing substantially equal
weight for the population of that local government in the allocation
of representation in the local legislative body
PURPOSE OR GENERAL IDEA OF BILL:
To clarify and define the definition of "population" as residents for
purposes of providing substantially equal weight for the population of
that local government in the allocation of representation in the local
legislative body.
SUMMARY OF PROVISIONS:
Section 1 amends clause (c.) of subparagraph 13 of subdivision 1 of
section 10 of the municipal home rule law to delete "citizens, or regis-
tered voters" as a basis for considering "population" for the purpose of
redistricting. It leaves only "residents" as the consideration for
"population."
Section 2 amends Subdivision 4 of Section 34 of the Municipal Home Rule
Law by adding a new paragraph g which states that the term "population"
shall mean residents. It also states that for such purposes no person
shall be deemed to have gained or lost a residence, or to have become a
resident of a local government by reason of being subject to the juris-
diction of the department of corrections and community supervision and
present in a state correctional facility pursuant to such jurisdiction.
A population base for such a plan of districting or redistricting shall
utilize the latest statistical information obtainable from an official
enumeration done at the time for all residents of the local government.
Such a plan may allocate, by extrapolation or any other rational method,
such latest statistical information to representation area or units of
local government, provided that any plan containing such an allocation
shall have annexed thereto as an appendix, a detailed explanation of the
allocation.
Section 3 sets forth the effective date which is immediately.
JUSTIFICATION:
The current state legislation left the ability for local municipal
districts to be drawn and reapportioned based on not only on residents,
but citizenship status or registration. This is an oversight that must
be corrected.
There have been a series of historic United Supreme Court cases mandat-
ing that legislative districts should be drawn based on equal popu-
lation. This principal was applied to the United States Congress in
Wesberry v. Sanders, 376 U.S. 1 (1964). In Reynolds v. Sims, 377 U.S.533
(1964) the Court held that the Equal Protection Clause requires that the
seats in both houses of a bicameral state legislature must be appor-
tioned on a total population basis. These cases made clear that repre-
sentatives in a legislature represent the entire population in a
district: those of voting age and those who are not; voters and non-vot-
ers; citizens and noncitizens.
More recently in Evenwel v. Abbott, 136 S.Ct;1120 (2016), plaintiffs
challenged Texas's 2011 redistricting scheme, arguing that its use of
total population violated the Equal Protection Clause and argued for
districts drawn by the number of voters. While "based on constitutional
history, precedent and practice reveal the infirmity of (Texas') claim"
to redistrict based on the number of voters, the Court did not reach the
issue of whether a state could redistrict by using the number of voters,
the Court did state and reaffirmed that under the one-person, one-vote
principal, jurisdictions must design legislative districts with equal
population with a deviation of no more than 10% between the largest and
smallest districts. The Supreme Court held that its past opinions
confirmed that states may use total population in order to comply with
one person, one vote.
The standard of considering total population based on the census data is
the only fair way to redistrict. This change is necessary to avoid an
unfair and unconstitutional result in the future.
The State Legislature's redistricting is based on the total population
of residents. Counties and local governments should have no less of a
standard.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A10191 - Referred to Assembly Local Governments Committee
S8838 - Referred to Senate Rules Committee
2021-2022: A349-B/S1849-B - Passed Assembly; Referred to Senate Local
Government Committee
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
892
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. JACOBSON, OTIS, SAYEGH -- read once and referred
to the Committee on Local Governments
AN ACT to amend the municipal home rule law, in relation to the defi-
nition of "population" for purposes of providing substantially equal
weight for the population of that local government in the allocation
of representation in the local legislative body
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (c.) of subparagraph 13 of paragraph a of subdivi-
2 sion 1 of section 10 of the municipal home rule law, as amended by
3 section 119 of subpart B of part C of chapter 62 of the laws of 2011, is
4 amended to read as follows:
5 [(c.)] (c) As used in this subparagraph the term "population" shall
6 mean residents[, citizens, or registered voters]. For such purposes, no
7 person shall be deemed to have gained or lost a residence, or to have
8 become a resident of a local government, as defined in subdivision eight
9 of section two of this chapter, by reason of being subject to the juris-
10 diction of the department of corrections and community supervision and
11 present in a state correctional facility pursuant to such jurisdiction.
12 A population base for such a plan of [apportionment] districting or
13 redistricting shall utilize the latest statistical information obtaina-
14 ble from an official enumeration done at the same time for all the resi-
15 dents[, citizens, or registered voters] of the local government. Such a
16 plan may allocate, by extrapolation or any other rational method, such
17 latest statistical information to representation areas or units of local
18 government, provided that any plan containing such an allocation shall
19 have annexed thereto as an appendix, a detailed explanation of the allo-
20 cation.
21 § 2. Subdivision 4 of section 34 of the municipal home rule law is
22 amended by adding a new paragraph g to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02199-01-3
A. 892 2
1 g. As used in this subdivision the term "population" shall mean
2 residents. For such purposes, no person shall be deemed to have gained
3 or lost a residence, or to have become a resident of a local government,
4 as defined in subdivision eight of section two of this chapter, by
5 reason of being subject to the jurisdiction of the department of
6 corrections and community supervision and present in a state correction-
7 al facility pursuant to such jurisdiction. A population base for such a
8 plan of districting or redistricting shall utilize the latest statis-
9 tical information obtainable from an official enumeration done at the
10 same time for all the residents of the local government. Such a plan may
11 allocate, by extrapolation or any other rational method, such latest
12 statistical information to representation areas or units of local
13 government, provided that any plan containing such an allocation shall
14 have annexed thereto as an appendix, a detailed explanation of the allo-
15 cation.
16 § 3. This act shall take effect immediately.
