S T A T E O F N E W Y O R K ________________________________________________________________________ 5819 2011-2012 Regular Sessions I N A S S E M B L Y March 2, 2011 ___________ Introduced by M. of A. CASTELLI -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the legislative law, in relation to apportionment of congressional, senate and assembly districts; and to repeal section 83-m of such law relating to the legislative task force on demographic research and reapportionment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "New York 2 state independent citizens redistricting commission act". 3 S 2. Subdivision 3 of section 5-a of the legislative law, as added by 4 chapter 630 of the laws of 1998, the opening paragraph as amended by 5 section 1 of part QQ of chapter 56 of the laws of 2010, is amended to 6 read as follows: 7 3. Any member of the assembly serving in a special capacity in a posi- 8 tion set forth in the following schedule shall be paid the allowance set 9 forth in such schedule only for the legislative term commencing January 10 first, two thousand eleven and terminating December thirty-first, two 11 thousand twelve: 12 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY 13 Chairman of legislative commission on public management 14 systems ........................................................ 12,500 15 Chairman of legislative commission on science and 16 technology ..................................................... 12,500 17 Co-chairman of the legislative commission on water 18 resource needs of New York state and Long Island ......... no allowance 19 [Co-chairman of the legislative task force on 20 demographic research and reapportionment ...................... 15,000] 21 Chairman of the assembly task force on farm, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08661-01-1 A. 5819 2 1 food and nutrition ............................................. 12,500 2 Ranking minority member of the assembly task force 3 on farm, food and nutrition ..................................... 9,000 4 Chairman of the legislative commission on skills 5 development and career education ............................... 12,500 6 Vice-Chairman of the legislative commission on the 7 development of rural resources ................................. 12,500 8 S 3. Subdivision 5 of section 12 of the legislative law, as added by 9 chapter 141 of the laws of 1994, is amended to read as follows: 10 5. Notwithstanding any provision of law to the contrary, services and 11 expenses of the legislative health service, legislative library, legis- 12 lative messenger service, legislative ethics committee, [joint oper- 13 ations of the legislative task force on demographic research and reap- 14 portionment] INDEPENDENT CITIZENS REDISTRICTING COMMISSION, and 15 contributions to the national conference of state legislatures shall be 16 payable after audit by and on the warrant of the comptroller upon vouch- 17 ers certified by the temporary president of the senate or his or her 18 designee and the speaker of the assembly or his or her designee. 19 S 4. Section 83-m of the legislative law is REPEALED. 20 S 5. The legislative law is amended by adding a new article 6-A to 21 read as follows: 22 ARTICLE 6-A 23 APPORTIONMENT OF CONGRESSIONAL 24 AND STATE LEGISLATIVE DISTRICTS 25 SECTION 93. LEGISLATIVE INTENT. 26 94. THE INDEPENDENT CITIZENS REDISTRICTING COMMISSION. 27 95. COMMISSION SELECTION PROCESS. 28 96. APPORTIONMENT. 29 97. REFERENDUM; LEGISLATION. 30 98. JUDICIAL REVIEW. 31 S 93. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES 32 THAT: 33 1. THERE IS A NEED FOR INTENSIVE AND THOROUGH STUDY, RESEARCH AND 34 INQUIRY INTO THE TECHNIQUES AND METHODOLOGY TO BE USED BY THE BUREAU OF 35 THE CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE 36 DECENNIAL FEDERAL CENSUS. 37 2. A TECHNICAL PLAN WILL BE NEEDED TO MEET THE REQUIREMENTS OF A 38 LEGISLATIVE TIMETABLE FOR A REAPPORTIONMENT OF THE SENATE AND ASSEMBLY 39 DISTRICTS AND THE CONGRESSIONAL DISTRICTS OF THE STATE BASED ON SUCH 40 CENSUS. 41 3. UNDER CURRENT LAW, NEW YORK LEGISLATORS DRAW THE DISTRICTS FOR 42 CONGRESS AND THE LEGISLATURE. ALLOWING POLITICIANS TO DRAW THESE 43 DISTRICTS, TO MAKE THEM SAFE FOR INCUMBENTS, OR TO TAILOR THE DISTRICTS 44 FOR THE ELECTION OF THEMSELVES OR THEIR FRIENDS, OR TO BAR THE DISTRICTS 45 TO THE ELECTION OF THEIR ADVERSARIES, IS A SERIOUS ABUSE THAT HARMS 46 VOTERS. 47 4. POLITICIANS DRAW DISTRICTS THAT SERVE THEIR INTERESTS, NOT THOSE OF 48 OUR COMMUNITIES. CITIES, COUNTIES, AND COMMUNITIES ARE CURRENTLY SPLIT 49 BETWEEN BIZARRELY JAGGED CONGRESSIONAL DISTRICTS DESIGNED TO MAKE THOSE 50 DISTRICTS SAFE FOR PARTICULAR PARTIES AND PARTICULAR INCUMBENTS. WE NEED 51 REFORM TO KEEP OUR COMMUNITIES TOGETHER SO EVERYONE HAS REPRESENTATION. 52 5. THIS REFORM WILL MAKE THE REDISTRICTING PROCESS OPEN SO IT CANNOT 53 BE CONTROLLED BY WHICHEVER PARTY IS IN POWER. IT WILL GIVE THE POWER OF 54 REDISTRICTING TO THE INDEPENDENT CITIZENS REDISTRICTING COMMISSION. THE 55 MEMBERSHIP OF THE COMMISSION WILL HAVE THREE GROUPS OF MEMBERS: FIVE 56 DEMOCRATS; FIVE REPUBLICANS; AND FOUR MEMBERS REGISTERED WITH NEITHER OF A. 5819 3 1 THOSE PARTIES, WHO WILL CARRY THE VOICES OF INDEPENDENT AND MINOR-PARTY 2 VOTERS WHO ARE COMPLETELY SHUT OUT OF THE CURRENT PROCESS. THE NEW 3 DISTRICTS WILL BE FAIR BECAUSE SUPPORT FROM ALL THREE GROUPS IS REQUIRED 4 FOR APPROVAL OF ANY NEW REDISTRICTING PLAN. 5 6. THE INDEPENDENT CITIZENS REDISTRICTING COMMISSION WILL DRAW 6 DISTRICTS BASED ON STRICT, NONPARTISAN RULES DESIGNED TO ENSURE FAIR 7 REPRESENTATION. THIS REFORM TAKES REDISTRICTING OUT OF THE PARTISAN 8 BATTLES OF THE LEGISLATURE AND GUARANTEES REDISTRICTING WILL BE DEBATED 9 IN THE OPEN IN PUBLIC MEETINGS. ALL MINUTES WILL BE POSTED PUBLICLY ON 10 THE INTERNET. EVERY ASPECT OF THIS PROCESS WILL BE OPEN TO SCRUTINY BY 11 THE PUBLIC AND THE PRESS. 12 7. IN THE CURRENT PROCESS, POLITICIANS ARE CHOOSING THE VOTERS INSTEAD 13 OF VOTERS HAVING A REAL CHOICE. THIS REFORM WILL PUT THE VOTERS BACK IN 14 CHARGE. 15 8. ELECTIONS ARE SUPPOSED TO ALLOW VOTERS TO CHOOSE THEIR REPRESEN- 16 TATIVES, BUT NEW YORKERS HAVE BEEN DENIED TRUE CHOICE BECAUSE ELECTED 17 OFFICIALS HAVE HISTORICALLY BEEN ABLE TO DRAW DISTRICT LINES TO CHOOSE 18 THEIR VOTERS. NEW YORK LEGISLATIVE RACES ARE TYPICALLY NON-COMPETITIVE 19 BECAUSE OF THESE GERRYMANDERED DISTRICTS. IT IS OUR COMMON DESIRE TO 20 IMPROVE NEW YORK STATE GOVERNMENT AND THE DEMOCRATIC PROCESS IN THE 21 STATE BY ENSURING THAT REDISTRICTING PURSUANT TO THE CENSUS BE CONSTITU- 22 TIONAL AND FAIR. 23 S 94. THE INDEPENDENT CITIZENS REDISTRICTING COMMISSION. 1. THERE 24 SHALL BE CREATED AN INDEPENDENT CITIZENS REDISTRICTING COMMISSION TO 25 ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT OF CONGRESSIONAL, STATE 26 AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDERAL CENSUS, PURSUANT TO 27 SECTION TWO OF ARTICLE ONE OF THE UNITED STATES CONSTITUTION AND 28 SECTIONS FOUR AND FIVE OF ARTICLE THREE OF THE STATE CONSTITUTION. 29 2. THE COMMISSION SHALL BE CREATED NO LATER THAN THE THIRTIETH DAY OF 30 JUNE IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS POSSIBLE AFTER THE 31 EFFECTIVE DATE OF THIS ARTICLE. 32 3. THE COMMISSION SHALL CONSIST OF FOURTEEN MEMBERS, AS FOLLOWS: FIVE 33 WHO ARE REGISTERED WITH THE LARGEST POLITICAL PARTY IN NEW YORK BASED ON 34 REGISTRATION, FIVE WHO ARE REGISTERED WITH THE SECOND LARGEST POLITICAL 35 PARTY IN NEW YORK BASED ON REGISTRATION AND FOUR WHO ARE NOT REGISTERED 36 WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK BASED ON 37 REGISTRATION. THE MEMBERS SHALL BE SELECTED PURSUANT TO THE PROCESS SET 38 FORTH IN SECTION NINETY-FIVE OF THIS ARTICLE. 39 4. EACH COMMISSION MEMBER SHALL BE A VOTER WHO HAS BEEN CONTINUOUSLY 40 REGISTERED IN NEW YORK WITH THE SAME POLITICAL PARTY OR UNAFFILIATED 41 WITH A POLITICAL PARTY AND WHO HAS NOT CHANGED POLITICAL PARTY AFFIL- 42 IATION FOR FIVE OR MORE YEARS IMMEDIATELY PRECEDING THE DATE OF HIS OR 43 HER APPOINTMENT. EACH COMMISSION MEMBER SHALL HAVE VOTED IN TWO OF THE 44 LAST THREE STATEWIDE GENERAL ELECTIONS IMMEDIATELY PRECEDING HIS OR HER 45 APPLICATION. 46 5. THE TERM OF OFFICE OF EACH MEMBER OF THE COMMISSION EXPIRES UPON 47 THE APPOINTMENT OF THE FIRST MEMBER OF THE SUCCEEDING COMMISSION. 48 6. NINE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM. NINE OR 49 MORE AFFIRMATIVE VOTES SHALL BE REQUIRED FOR ANY OFFICIAL ACTION. THE 50 FOUR FINAL REDISTRICTING MAPS MUST BE APPROVED BY AT LEAST NINE AFFIRMA- 51 TIVE VOTES WHICH MUST INCLUDE AT LEAST THREE VOTES OF MEMBERS REGISTERED 52 FROM EACH OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK BASED ON 53 REGISTRATION AND THREE VOTES FROM MEMBERS WHO ARE NOT REGISTERED WITH 54 EITHER OF THESE TWO POLITICAL PARTIES. A. 5819 4 1 7. EACH COMMISSION MEMBER SHALL APPLY THIS ARTICLE IN A MANNER THAT IS 2 IMPARTIAL AND THAT REINFORCES PUBLIC CONFIDENCE IN THE INTEGRITY OF THE 3 REDISTRICTING PROCESS. 4 8. A COMMISSION MEMBER SHALL BE INELIGIBLE FOR A PERIOD OF TEN YEARS 5 BEGINNING FROM THE DATE OF APPOINTMENT TO HOLD ELECTIVE PUBLIC OFFICE AT 6 THE FEDERAL, STATE, COUNTY, OR LOCAL LEVEL IN THIS STATE. A MEMBER OF 7 THE COMMISSION SHALL BE INELIGIBLE FOR A PERIOD OF FIVE YEARS BEGINNING 8 FROM THE DATE OF APPOINTMENT TO HOLD APPOINTIVE FEDERAL, STATE, OR LOCAL 9 PUBLIC OFFICE, TO SERVE AS PAID STAFF FOR, OR AS A PAID CONSULTANT TO, 10 THE EXECUTIVE BRANCH, THE CONGRESS, THE LEGISLATURE, OR ANY INDIVIDUAL 11 LEGISLATOR, OR TO REGISTER AS A FEDERAL, STATE OR LOCAL LOBBYIST IN THIS 12 STATE. 13 S 95. COMMISSION SELECTION PROCESS. 1. THE COMPTROLLER SHALL INITIATE 14 AN APPLICATION PROCESS, OPEN TO ALL REGISTERED NEW YORK VOTERS IN A 15 MANNER THAT PROMOTES A DIVERSE AND QUALIFIED APPLICANT POOL. 16 2. THE COMPTROLLER SHALL REMOVE FROM THE APPLICANT POOL INDIVIDUALS 17 WHO SHALL BE DISQUALIFIED FROM SERVING ON THE COMMISSION. AN APPLICANT 18 SHALL BE DISQUALIFIED FROM SERVING ON THE COMMISSION IF, WITHIN TEN 19 YEARS OF SUBMISSION OF HIS OR HER APPLICATION, HE OR SHE: 20 (A) HOLDS OR HAS HELD AN ELECTED GOVERNMENTAL OFFICE; 21 (B) HOLDS OR HAS HELD ANY OTHER APPOINTED GOVERNMENTAL OR POLITICAL 22 PARTY POSITION; 23 (C) IS EMPLOYED OR HAS BEEN EMPLOYED IN ANY OTHER POSITION BY THE 24 UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER, 25 THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM; OR 26 (D) IS OR HAS BEEN A REGISTERED LOBBYIST IN THIS STATE PURSUANT TO 27 ARTICLE ONE-A OF THIS CHAPTER; 28 (E) IS THE SPOUSE OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE 29 STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM OR 30 THE FEDERAL COURT SYSTEM; 31 (F) IS RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER 32 OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, THE EXECUTIVE 33 CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE 34 SPOUSE OF ANY SUCH PERSON; OR 35 (G) CONTRIBUTED TWO THOUSAND DOLLARS OR MORE TO ANY CONGRESSIONAL, 36 STATE, OR LOCAL CANDIDATE FOR ELECTIVE PUBLIC OFFICE IN ANY YEAR, WHICH 37 AMOUNT SHALL BE ADJUSTED EVERY TEN YEARS BY THE CUMULATIVE CHANGE IN THE 38 CONSUMER PRICE INDEX. 39 3. THE COMPTROLLER SHALL ESTABLISH AN APPLICANT REVIEW PANEL, CONSIST- 40 ING OF THREE QUALIFIED INDEPENDENT AUDITORS, TO SCREEN APPLICANTS. THE 41 COMPTROLLER SHALL RANDOMLY DRAW THE NAMES OF THREE QUALIFIED INDEPENDENT 42 AUDITORS FROM A POOL CONSISTING OF ALL AUDITORS EMPLOYED BY THE STATE AT 43 THE TIME OF THE DRAWING. THE COMPTROLLER SHALL DRAW UNTIL THE NAMES OF 44 THREE INDEPENDENT AUDITORS HAVE BEEN DRAWN INCLUDING ONE WHO IS REGIS- 45 TERED WITH THE LARGEST POLITICAL PARTY IN NEW YORK BASED ON PARTY REGIS- 46 TRATION, ONE WHO IS REGISTERED WITH THE SECOND LARGEST POLITICAL PARTY 47 IN NEW YORK BASED ON PARTY REGISTRATION, AND ONE WHO IS NOT REGISTERED 48 WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK. AFTER THE 49 DRAWING THE COMPTROLLER SHALL NOTIFY THE THREE QUALIFIED INDEPENDENT 50 AUDITORS WHOSE NAMES HAVE BEEN DRAWN THAT THEY HAVE BEEN SELECTED TO 51 SERVE ON THE PANEL. IF ANY OF THE THREE QUALIFIED INDEPENDENT AUDITORS 52 DECLINE TO SERVE ON THE PANEL, THE COMPTROLLER SHALL RESUME THE RANDOM 53 DRAWING UNTIL THREE QUALIFIED INDEPENDENT AUDITORS WHO MEET THE REQUIRE- 54 MENTS OF THIS SECTION HAVE AGREED TO SERVE ON THE PANEL. A MEMBER OF THE 55 PANEL SHALL BE SUBJECT TO THE DISQUALIFICATION PROVISIONS SET FORTH IN 56 SUBDIVISION TWO OF THIS SECTION. A. 5819 5 1 4. HAVING REMOVED DISQUALIFIED INDIVIDUALS FROM THE APPLICANT POOL, 2 THE COMPTROLLER SHALL NOT LATER THAN THE FIRST OF MARCH IN EACH YEAR 3 ENDING WITH A ZERO OR AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF 4 THIS ARTICLE, PUBLICIZE THE NAMES IN THE APPLICANT POOL AND PROVIDE 5 COPIES OF THEIR APPLICATIONS TO THE APPLICANT REVIEW PANEL. 6 5. FROM THE APPLICANT POOL, THE APPLICANT REVIEW PANEL SHALL SELECT 7 SIXTY OF THE MOST QUALIFIED APPLICANTS, INCLUDING TWENTY WHO ARE REGIS- 8 TERED WITH THE LARGEST POLITICAL PARTY IN NEW YORK BASED ON REGISTRA- 9 TION, TWENTY WHO ARE REGISTERED WITH THE SECOND LARGEST POLITICAL PARTY 10 IN NEW YORK BASED ON REGISTRATION, AND TWENTY WHO ARE NOT REGISTERED 11 WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK BASED ON 12 REGISTRATION. THESE SUBPOOLS SHALL BE CREATED ON THE BASIS OF RELEVANT 13 ANALYTICAL SKILLS, ABILITY TO BE IMPARTIAL, AND APPRECIATION FOR NEW 14 YORK'S DIVERSE DEMOGRAPHICS AND GEOGRAPHY. THE MEMBERS OF THE PANEL 15 SHALL NOT COMMUNICATE WITH ANY MEMBER OF THE UNITED STATES CONGRESS, THE 16 STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT SYSTEM, OR 17 THE FEDERAL COURT SYSTEM, OR ANY REPRESENTATIVE THEREOF, ABOUT ANY 18 MATTER RELATED TO THE NOMINATION PROCESS OR APPLICANTS PRIOR TO THE 19 PRESENTATION BY THE PANEL OF THE POOL OF RECOMMENDED APPLICANTS TO THE 20 COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF 21 THE ASSEMBLY. 22 6. BY THE FIRST OF MAY IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS 23 POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE APPLICANT REVIEW 24 PANEL SHALL PRESENT ITS POOL OF RECOMMENDED APPLICANTS TO THE TEMPORARY 25 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. NO LATER THAN 26 THE FIFTEENTH OF JUNE IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS 27 POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE TEMPORARY PRESI- 28 DENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF 29 THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY MAY EACH STRIKE UP 30 TO TWO APPLICANTS FROM EACH SUBPOOL OF TWENTY FOR A TOTAL OF EIGHT 31 POSSIBLE STRIKES PER SUBPOOL. AFTER ALL OF THE LEGISLATIVE LEADERS HAVE 32 EXERCISED THEIR STRIKES, THE TEMPORARY PRESIDENT OF THE SENATE AND THE 33 SPEAKER OF THE ASSEMBLY SHALL JOINTLY PRESENT THE POOL OF REMAINING 34 NAMES TO THE COMPTROLLER. 35 7. NO LATER THAN THE TWENTIETH OF JUNE IN EACH YEAR ENDING WITH A ZERO 36 OR AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE 37 COMPTROLLER SHALL RANDOMLY DRAW EIGHT NAMES FROM THE REMAINING POOL OF 38 APPLICANTS AS FOLLOWS: THREE FROM THE REMAINING SUBPOOL OF APPLICANTS 39 REGISTERED WITH THE LARGEST POLITICAL PARTY IN NEW YORK BASED UPON 40 REGISTRATION, THREE FROM THE REMAINING SUBPOOL OF APPLICANTS REGISTERED 41 WITH THE SECOND LARGEST POLITICAL PARTY IN NEW YORK BASED UPON REGISTRA- 42 TION, AND TWO FROM THE REMAINING SUBPOOL OF APPLICANTS WHO ARE NOT 43 REGISTERED WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK 44 BASED ON REGISTRATION. THESE EIGHT INDIVIDUALS SHALL SERVE ON THE 45 COMMISSION. 46 8. NO LATER THAN THE TWENTY-FIFTH OF JUNE IN EACH YEAR ENDING WITH A 47 ZERO OR AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, 48 THE EIGHT COMMISSIONERS SHALL REVIEW THE REMAINING NAMES IN THE POOL OF 49 APPLICANTS AND APPOINT SIX APPLICANTS TO THE COMMISSION AS FOLLOWS: TWO 50 FROM THE REMAINING SUBPOOL OF APPLICANTS REGISTERED WITH THE LARGEST 51 POLITICAL PARTY IN NEW YORK BASED ON REGISTRATION, TWO FROM THE REMAIN- 52 ING SUBPOOL OF APPLICANTS REGISTERED WITH THE SECOND LARGEST POLITICAL 53 PARTY IN NEW YORK BASED ON REGISTRATION, AND TWO FROM THE REMAINING 54 SUBPOOL OF APPLICANTS WHO ARE NOT REGISTERED WITH EITHER OF THE TWO 55 LARGEST POLITICAL PARTIES IN NEW YORK BASED ON REGISTRATION. THE SIX 56 APPOINTEES MUST BE APPROVED BY AT LEAST FIVE AFFIRMATIVE VOTES WHICH A. 5819 6 1 MUST INCLUDE AT LEAST TWO VOTES OF COMMISSIONERS REGISTERED FROM EACH OF 2 THE TWO LARGEST PARTIES AND ONE VOTE FROM A COMMISSIONER WHO IS NOT 3 AFFILIATED WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK. 4 THE SIX APPOINTEES SHALL BE CHOSEN TO ENSURE THE COMMISSION REFLECTS THE 5 STATE'S DIVERSITY, INCLUDING, BUT NOT LIMITED TO, RACIAL, ETHNIC, 6 GEOGRAPHIC, AND GENDER DIVERSITY. HOWEVER, IT IS NOT INTENDED THAT 7 FORMULAS OR SPECIFIC RATIOS BE APPLIED FOR THIS PURPOSE. APPLICANTS 8 SHALL ALSO BE CHOSEN BASED ON RELEVANT ANALYTICAL SKILLS AND ABILITY TO 9 BE IMPARTIAL. 10 S 96. APPORTIONMENT. 1. THE COMMISSION, SHALL, UPON RECEIPT OF THE 11 FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN TO ESTABLISH A PLAN FOR 12 THE APPORTIONMENT OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS IN THE 13 STATE. 14 2. THE FOLLOWING REQUIREMENTS AND PRINCIPLES SHALL BE APPLIED IN 15 ESTABLISHING A PLAN FOR SUCH DISTRICTS, AS SET FORTH IN THE FOLLOWING 16 ORDER OF PRIORITY: 17 (A) DISTRICTS SHALL COMPLY WITH THE UNITED STATES CONSTITUTION. 18 CONGRESSIONAL DISTRICTS SHALL ACHIEVE POPULATION EQUALITY AS NEARLY AS 19 IS PRACTICABLE, AND SENATORIAL AND ASSEMBLY DISTRICTS SHALL HAVE REASON- 20 ABLY EQUAL POPULATION WITH OTHER DISTRICTS FOR THE SAME OFFICE, EXCEPT 21 WHERE DEVIATION IS REQUIRED TO COMPLY WITH THE VOTING RIGHTS ACT (42 22 U.S.C. 1971 ET AL.) OR AS ALLOWABLE BY LAW. 23 (B) DISTRICTS SHALL COMPLY WITH THE VOTING RIGHTS ACT (42 U.S.C. 1971 24 ET AL.). 25 (C) DISTRICTS SHALL BE GEOGRAPHICALLY CONTIGUOUS; NO DISTRICT SHALL 26 CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER DISTRICT 27 OF THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER, POPULATED OR 28 UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED BY A DISTRICT 29 BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED PART OF SUCH 30 BLOCK IS WITHIN A SINGLE DISTRICT. 31 (D) THE GEOGRAPHIC INTEGRITY OF ANY CITY, COUNTY, CITY AND COUNTY, 32 LOCAL NEIGHBORHOOD, OR LOCAL COMMUNITY OF INTEREST SHALL BE RESPECTED IN 33 A MANNER THAT MINIMIZES THEIR DIVISION TO THE EXTENT POSSIBLE WITHOUT 34 VIOLATING THE REQUIREMENTS OF ANY OF THE PRECEDING PARAGRAPHS OF THIS 35 SUBDIVISION. A COMMUNITY OF INTEREST IS A CONTIGUOUS POPULATION WHICH 36 SHARES COMMON SOCIAL AND ECONOMIC INTERESTS THAT SHOULD BE INCLUDED 37 WITHIN A SINGLE DISTRICT FOR PURPOSES OF ITS EFFECTIVE AND FAIR REPRE- 38 SENTATION. EXAMPLES OF SUCH SHARED INTERESTS ARE THOSE COMMON TO AN 39 URBAN AREA, A RURAL AREA, AN INDUSTRIAL AREA, OR AN AGRICULTURAL AREA, 40 AND THOSE COMMON TO AREAS IN WHICH THE PEOPLE SHARE SIMILAR LIVING STAN- 41 DARDS, USE THE SAME TRANSPORTATION FACILITIES, HAVE SIMILAR WORK OPPOR- 42 TUNITIES, OR HAVE ACCESS TO THE SAME MEDIA OF COMMUNICATION RELEVANT TO 43 THE ELECTION PROCESS. COMMUNITIES OF INTEREST SHALL NOT INCLUDE 44 RELATIONSHIPS WITH POLITICAL PARTIES, INCUMBENTS, OR POLITICAL CANDI- 45 DATES. 46 (E) TO THE EXTENT PRACTICABLE, AND WHERE THIS DOES NOT CONFLICT WITH 47 THE PRECEDING PARAGRAPHS OF THIS SUBDIVISION, DISTRICTS SHALL BE DRAWN 48 TO ENCOURAGE GEOGRAPHICAL COMPACTNESS SUCH THAT NEARBY AREAS OF POPU- 49 LATION ARE NOT BYPASSED FOR MORE DISTANT POPULATION. 50 3. THE PLACE OF RESIDENCE OF ANY INCUMBENT OR POLITICAL CANDIDATE 51 SHALL NOT BE CONSIDERED IN THE CREATION OF A MAP. DISTRICTS SHALL NOT BE 52 DRAWN FOR THE PURPOSE OF FAVORING OR DISCRIMINATING AGAINST AN INCUM- 53 BENT, POLITICAL CANDIDATE, OR POLITICAL PARTY. 54 4. DISTRICTS FOR THE CONGRESS, SENATE, AND ASSEMBLY SHALL BE NUMBERED 55 CONSECUTIVELY COMMENCING AT THE SOUTHERN BOUNDARY OF THE STATE AND 56 ENDING AT THE NORTHERN BOUNDARY. A. 5819 7 1 5. (A) ON OR BEFORE THE FIFTEENTH OF MAY IN EACH YEAR ENDING WITH A 2 ONE OR WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL DECENNIAL CENSUS FOR 3 THE STATE, WHICHEVER IS LATER, OR AS SOON AS POSSIBLE AFTER THE EFFEC- 4 TIVE DATE OF THIS ARTICLE, THE COMMISSION SHALL APPROVE THREE FINAL MAPS 5 THAT SEPARATELY SET FORTH THE DISTRICT BOUNDARY LINES FOR THE CONGRES- 6 SIONAL, SENATORIAL AND ASSEMBLY DISTRICTS. UPON APPROVAL, THE COMMISSION 7 SHALL CERTIFY THE THREE FINAL MAPS TO THE COMPTROLLER. 8 (B) THE COMMISSION SHALL ISSUE, WITH EACH OF THE THREE FINAL MAPS, A 9 REPORT THAT EXPLAINS THE BASIS ON WHICH THE COMMISSION MADE ITS DECI- 10 SIONS IN ACHIEVING COMPLIANCE WITH THE CRITERIA LISTED IN SUBDIVISION 11 TWO OF THIS SECTION AND SHALL INCLUDE DEFINITIONS OF THE TERMS AND STAN- 12 DARDS USED IN DRAWING EACH FINAL MAP. 13 S 97. REFERENDUM; LEGISLATION. 1. EACH CERTIFIED FINAL MAP SHALL BE 14 DISTRIBUTED TO THE PUBLIC AND SUBMITTED TO THE PEOPLE FOR APPROVAL AT 15 THE NEXT GENERAL ELECTION THEREAFTER. UPON BEING APPROVED BY THE AFFIR- 16 MATIVE VOTE OF THE MAJORITY OF THE PEOPLE VOTING THEREON AT SUCH 17 ELECTION, THE MAPS SHALL BE SUBMITTED TO THE LEGISLATURE, ALONG WITH 18 LEGISLATION NECESSARY TO IMPLEMENT SUCH MAPS. UPON RECEIPT OF SUCH 19 MAPS, THE IMPLEMENTING LEGISLATION THEREFORE SHALL BE INTRODUCED IN BOTH 20 HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. IF 21 APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR 22 WITHIN FIVE DAYS. 23 2. IF (A) THE COMMISSION DOES NOT APPROVE A CERTIFIED FINAL MAP BY AT 24 LEAST THE REQUISITE VOTES, (B) VOTERS DISAPPROVE A CERTIFIED FINAL MAP 25 IN A REFERENDUM, (C) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION 26 SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION WITHIN TWENTY-ONE 27 DAYS OF ITS SUBMISSION, OR (D) THE GOVERNOR SHALL VETO SUCH LEGISLATION 28 AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN FIFTEEN DAYS 29 OF SUCH VETO, THE COMMISSION SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN 30 DAYS OF SAID FAILURE TO APPROVE THE MAP OR PASS THE LEGISLATION AT WHICH 31 THE COMMISSIONERS, THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND 32 THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, OR EACH OF 33 THEIR DESIGNEES SHALL TESTIFY AS TO THE REASONS THAT THE MAP OR MAPS 34 FAILED TO BE APPROVED OR THE LEGISLATION DID NOT BECOME LAW, AND MEMBERS 35 OF THE PUBLIC WILL ALSO BE INVITED TO TESTIFY. WITHIN FIFTEEN DAYS OF 36 SUCH HEARING, THE COMMISSION SHALL ESTABLISH AND SUBMIT TO THE LEGISLA- 37 TURE A SECOND APPORTIONMENT MAP OR MAPS AND THE NECESSARY IMPLEMENTING 38 LEGISLATION FOR SUCH MAP OR MAPS. UPON RECEIPT OF SUCH SECOND MAP OR 39 MAPS, THE IMPLEMENTING LEGISLATION THEREFORE SHALL BE INTRODUCED IN BOTH 40 HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. SUCH 41 LEGISLATION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH HOUSES WITH- 42 IN TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUC- 43 TION. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE 44 GOVERNOR WITHIN FIVE DAYS. 45 3. IF (A) THE COMMISSION DOES NOT APPROVE A SECOND CERTIFIED FINAL MAP 46 BY AT LEAST THE REQUISITE VOTES, (B) VOTERS DISAPPROVE A SECOND CERTI- 47 FIED FINAL MAP IN A REFERENDUM, (C) EITHER HOUSE SHALL FAIL TO APPROVE 48 THE LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION 49 WITHIN TWENTY-ONE DAYS OF ITS SUBMISSION, OR (D) THE GOVERNOR SHALL VETO 50 SUCH LEGISLATION AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO 51 WITHIN FIFTEEN DAYS OF SUCH VETO, THE COMMISSION SHALL HOLD AN OPEN 52 HEARING WITHIN FIFTEEN DAYS OF SAID FAILURE TO APPROVE THE MAP OR PASS 53 THE LEGISLATION AT WHICH THE COMMISSIONERS, THE SPEAKER AND MINORITY 54 LEADER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER 55 OF THE SENATE, OR EACH OF THEIR DESIGNEES SHALL TESTIFY AS TO THE 56 REASONS THAT THE MAP OR MAPS FAILED TO BE APPROVED OR THE LEGISLATION A. 5819 8 1 DID NOT BECOME LAW, AND MEMBERS OF THE PUBLIC WILL ALSO BE INVITED TO 2 TESTIFY. WITHIN FIFTEEN DAYS OF SUCH HEARING, THE COMMISSION SHALL 3 ESTABLISH AND SUBMIT TO THE LEGISLATURE A THIRD APPORTIONMENT MAP OR 4 MAPS AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH MAP OR MAPS. 5 UPON RECEIPT OF SUCH THIRD MAP OR MAPS, THE IMPLEMENTING LEGISLATION 6 WITH ANY AMENDMENTS THE LEGISLATURE SHALL DEEM NECESSARY SHALL BE INTRO- 7 DUCED IN BOTH HOUSES OF THE LEGISLATURE WITHIN FIVE DAYS. ALL SUCH 8 AMENDMENTS SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS 9 SECTION. SUCH LEGISLATION SHALL BE VOTED UPON BY BOTH HOUSES WITHIN 10 TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION. 11 IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE 12 GOVERNOR WITHIN FIVE DAYS. 13 S 98. JUDICIAL REVIEW. 1. THE COMMISSION HAS THE SOLE LEGAL STANDING 14 TO DEFEND ANY ACTION REGARDING A CERTIFIED FINAL MAP, AND SHALL INFORM 15 THE LEGISLATURE IF IT DETERMINES THAT FUNDS OR OTHER RESOURCES PROVIDED 16 FOR THE OPERATION OF THE COMMISSION ARE NOT ADEQUATE. THE LEGISLATURE 17 SHALL PROVIDE ADEQUATE FUNDING TO DEFEND ANY ACTION REGARDING A CERTI- 18 FIED MAP. THE COMMISSION HAS SOLE AUTHORITY TO DETERMINE WHETHER THE 19 ATTORNEY GENERAL OR OTHER LEGAL COUNSEL RETAINED BY THE COMMISSION SHALL 20 ASSIST IN THE DEFENSE OF A CERTIFIED FINAL MAP. 21 2. THE COURT OF APPEALS HAS ORIGINAL AND EXCLUSIVE JURISDICTION IN ALL 22 PROCEEDINGS IN WHICH A CERTIFIED FINAL MAP IS CHALLENGED OR IS CLAIMED 23 NOT TO HAVE TAKEN TIMELY EFFECT. 24 3. ANY REGISTERED VOTER IN THIS STATE MAY FILE A SPECIAL PROCEEDING 25 WITHIN FORTY-FIVE DAYS AFTER THE COMMISSION HAS CERTIFIED A FINAL MAP TO 26 THE LEGISLATURE, TO BAR THE LEGISLATURE FROM IMPLEMENTING THE PLAN ON 27 THE GROUNDS THAT THE FILED PLAN VIOLATES THIS CONSTITUTION, THE UNITED 28 STATES CONSTITUTION, OR ANY FEDERAL OR STATE STATUTE. ANY REGISTERED 29 VOTER IN THIS STATE MAY ALSO FILE A SPECIAL PROCEEDING TO SEEK RELIEF 30 WHERE A CERTIFIED FINAL MAP IS SUBJECT TO A REFERENDUM MEASURE THAT IS 31 LIKELY TO QUALIFY AND STAY THE TIMELY IMPLEMENTATION OF THE MAP. 32 4. THE COURT OF APPEALS SHALL GIVE PRIORITY TO RULING ON A SPECIAL 33 PROCEEDING PETITION FOR A WRIT OF MANDATE OR A WRIT OF PROHIBITION FILED 34 PURSUANT TO SUBDIVISION THREE OF THIS SECTION. IF THE COURT DETERMINES 35 THAT A FINAL CERTIFIED MAP VIOLATES THIS CONSTITUTION, THE UNITED STATES 36 CONSTITUTION, OR ANY FEDERAL OR STATE STATUTE, THE COURT SHALL FASHION 37 THE RELIEF THAT IT DEEMS APPROPRIATE. 38 S 6. This act shall take effect immediately.