Bill Text: NY A10858 | 2009-2010 | General Assembly | Introduced


Bill Title: Relates to the apportionment of senate and assembly districts in the state; requires the population equality of such districts to be within one percent standard deviation.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2010-06-24 - held for consideration in governmental operations [A10858 Detail]

Download: New_York-2009-A10858-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10858
                                 I N  A S S E M B L Y
                                    April 26, 2010
                                      ___________
       Introduced  by  M.  of  A.  ESPAILLAT  --  read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the state law, in relation to  apportionment  of  senate
         and assembly districts in the state
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision b of section 127 of the state law, as added  by
    2  chapter 35 of the laws of 2002, is amended to read as follows:
    3    b. It is intended that this article and the districts described herein
    4  completely  encompass all the area within the state. It is also intended
    5  that such districts apportioned on the basis of THE FEDERAL CENSUS TAKEN
    6  IN THE YEAR two thousand [population] TEN AND EACH FEDERAL CENSUS  TAKEN
    7  DECENNIALLY THEREAFTER, contain all the inhabitants in this state. It is
    8  further intended that [the apportionment and districting provided for in
    9  this article result in the creation of districts which are substantially
   10  equal  in  population.    It  is  also  intended that] no district shall
   11  include any of the area included within the  description  of  any  other
   12  district.    DISTRICTS DESCRIBED WITHIN THIS ARTICLE SHALL BE IN ACCORD-
   13  ANCE WITH SECTION TWO OF ARTICLE ONE OF THE UNITED STATES  CONSTITUTION,
   14  SECTIONS FOUR AND FIVE OF ARTICLE THREE OF THE STATE CONSTITUTION AND IN
   15  A  MANNER  THAT  ENSURES  THE  FAIR AND EFFECTIVE REPRESENTATION FOR ALL
   16  RESIDENTS OF THE STATE, INCLUDING RACIAL, ETHNIC AND  LANGUAGE  MINORITY
   17  GROUPS,  AND  ADHERE  TO  ALL  STANDARDS  AND PRACTICES SET FORTH IN THE
   18  FEDERAL VOTING RIGHTS ACT (42 U.S.C. SS1971 ET. SEQ.) AND OTHER RELEVANT
   19  FEDERAL REGULATIONS. THE STATE LEGISLATIVE DISTRICTS SHALL:
   20    (1) BE DRAWN TO KEEP INTACT WITHIN A SINGLE DISTRICT  THOSE  NEIGHBOR-
   21  HOODS AND COMMUNITIES WITH ESTABLISHED TIES OF COMMON INTEREST AND ASSO-
   22  CIATION,  WHETHER  HISTORICAL,  RACIAL,  ECONOMIC,  ETHNIC, RELIGIOUS OR
   23  OTHER;
   24    (2) BE OF SUBSTANTIAL EQUALITY OF POPULATION WITH OTHER CONGRESSIONAL,
   25  SENATE AND ASSEMBLY DISTRICTS, PROVIDED THAT, FOR  SENATE  AND  ASSEMBLY
   26  DISTRICTS,  NO  SUCH  DEVIATION  SHALL EXCEED ONE PERCENT OF THE AVERAGE
   27  POPULATION OF ALL SENATE OR ASSEMBLY DISTRICTS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16725-02-0
       A. 10858                            2
    1    (3) BE COMPOSED OF COMPACT AND  CONTIGUOUS  TERRITORY,  PROVIDED  THAT
    2  LAND AREAS SEPARATED BY A WATERWAY SHALL NOT BE INCLUDED WITHIN THE SAME
    3  DISTRICT UNLESS SUCH WATERWAY IS TRAVERSED BY A HIGHWAY BRIDGE OR TUNNEL
    4  WHICH  BEGINS AND TERMINATES WITHIN THE SAME SUCH DISTRICT, EXCEPT THAT,
    5  POPULATION  PERMITTING, ISLANDS NOT CONNECTED TO THE MAINLAND OR ANOTHER
    6  ISLAND BY A HIGHWAY BRIDGE OR TUNNEL SHALL BE IN THE  SAME  DISTRICT  AS
    7  THE NEAREST LAND AREA WITHIN THE SAME POLITICAL SUBDIVISION;
    8    (4)  BE  DRAWN  SUCH  THAT  THE  NUMBER OF COUNTIES WHOSE TERRITORY IS
    9  DIVIDED AMONG MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE  AND,
   10  WITHIN COUNTIES SO DIVIDED, THE NUMBER OF TOWNS AND CITIES DIVIDED AMONG
   11  MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE;
   12    (5)  NOT  BE  DRAWN  WITH  AN  INTENT TO FAVOR OR OPPOSE ANY POLITICAL
   13  PARTY, ANY INCUMBENT FEDERAL OR STATE LEGISLATOR,  OR  ANY  PREVIOUS  OR
   14  PRESUMED CANDIDATE FOR OFFICE;
   15    (6)  TO  THE  EXTENT  PRACTICABLE, COINCIDE WITH CITY, TOWN AND COUNTY
   16  BOUNDARIES;
   17    (7) TO THE EXTENT PRACTICABLE, EACH ASSEMBLY DISTRICT SHALL BE ENTIRE-
   18  LY WITHIN A SINGLE SENATE DISTRICT, AND TO THE  EXTENT  CONSISTENT  WITH
   19  THE  PROVISIONS  OF  PARAGRAPH  FOUR  OF  THIS  SUBDIVISION, NO ASSEMBLY
   20  DISTRICT SHALL BE WITHIN MORE THAN TWO SENATE DISTRICTS; AND
   21    (8) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF PARAGRAPH FOUR  OF
   22  THIS  SUBDIVISION,  NO  SENATE  DISTRICT  SHALL  INCLUDE MORE THAN THREE
   23  ASSEMBLY DISTRICTS.
   24    S 2. This act shall take effect immediately.
feedback