Bill Text: NY S00515 | 2021-2022 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2021-02-11 - DELIVERED TO SECRETARY OF STATE [S00515 Detail]

Download: New_York-2021-S00515-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           515

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens. GIANARIS, MYRIE -- read twice and ordered printed,
          and when printed to be committed 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 Assembly concur), That section 2 of arti-
     2  cle 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 Assembly concur), That section 3 of article 3 of
    11  the constitution be REPEALED.
    12    § 3. Resolved (if the Assembly 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89035-01-1

        S. 515                              2

     1  state authorities of an enumeration of the  inhabitants  of  the  entire
     2  state  to be used for such purposes, instead of a federal census, if the
     3  taking of a federal census in any tenth  year  from  the  year  nineteen
     4  hundred  thirty  be  omitted  or if the federal census fails to show the
     5  total number of inhabitants of the entire state, including the number of
     6  aliens [or] and Indians not taxed. If a federal  census,  though  giving
     7  the  requisite  information  as to the state at large, fails to give the
     8  information as to any civil or territorial divisions which  is  required
     9  to  be  known  for such purposes, the legislature, by law, shall provide
    10  for such an enumeration of the inhabitants of such parts  of  the  state
    11  only  as  may  be  necessary,  which shall supersede in part the federal
    12  census and be used in connection therewith for  such  purposes.    If  a
    13  federal census fails to provide enumeration and identification of incar-
    14  cerated  persons,  the appropriate state entities shall provide informa-
    15  tion sufficient to re-enumerate incarcerated persons to their  place  of
    16  last residence for the purposes of drawing district lines, no later than
    17  September first of any year ending in one.  The legislature, by law, may
    18  provide in its discretion for an enumeration by state authorities of the
    19  inhabitants  of  the  state, to be used for such purposes, in place of a
    20  federal census, when the return of a decennial federal census is delayed
    21  so that it is not available at the beginning of the regular  session  of
    22  the legislature in the second year after the year nineteen hundred thir-
    23  ty  or after any tenth year therefrom, or if an apportionment of members
    24  of assembly and readjustment or alteration of senate  districts  is  not
    25  made  at  or  before  such a session. At the regular session in the year
    26  nineteen hundred thirty-two, and at the first regular session after  the
    27  year  nineteen  hundred  forty  and  after each tenth year therefrom the
    28  senate districts shall be readjusted or altered, but if, in any  decade,
    29  counting  from  and  including  that which begins with the year nineteen
    30  hundred thirty-one, such a readjustment or alteration is not made at the
    31  time above prescribed, it shall be made at a subsequent  session  occur-
    32  ring  not  later  than  the sixth year of such decade, meaning not later
    33  than nineteen hundred thirty-six, nineteen hundred  forty-six,  nineteen
    34  hundred  fifty-six, and so on; provided, however, that if such districts
    35  shall have been readjusted or altered by law  in  either  of  the  years
    36  nineteen  hundred  thirty  or  nineteen  hundred  thirty-one, they shall
    37  remain unaltered until the first regular session after the year nineteen
    38  hundred forty.  No town, except a town having more than a full ratio  of
    39  apportionment[,  and  no  block  in a city inclosed by streets or public
    40  ways,] shall be divided in the formation of senate  districts.  [In  the
    41  reapportionment of senate districts, no district shall contain a greater
    42  excess in population over an adjoining district in the same county, than
    43  the population of a town or block therein adjoining such district. Coun-
    44  ties,  towns  or  blocks  which, from their location, may be included in
    45  either of two districts, shall be so placed as to  make  said  districts
    46  most nearly equal in number of inhabitants, excluding aliens.
    47    No county shall have four or more senators unless it shall have a full
    48  ratio for each senator.] No county shall have more than one-third of all
    49  the senators; and no two counties or the territory thereof as now organ-
    50  ized,  which  are  adjoining  counties,  or  which are separated only by
    51  public waters, shall have more than one-half of all the senators.
    52    (b) The independent redistricting commission established  pursuant  to
    53  section  five-b  of  this  article shall prepare a redistricting plan to
    54  establish senate, assembly, and congressional districts every ten  years
    55  commencing  in two thousand twenty-one, and shall submit to the legisla-
    56  ture such plan and the implementing legislation therefor  on  or  before

        S. 515                              3

     1  [January]  November  first  or  as soon as practicable thereafter but no
     2  later than [January] November fifteenth  in  the  year  ending  in  [two
     3  beginning  in  two thousand twenty-two] one. The redistricting plans for
     4  the  assembly and the senate shall be contained in and voted upon by the
     5  legislature in a single bill, and the congressional district plan may be
     6  included in the same bill if the legislature chooses  to  do  so.    The
     7  implementing  legislation shall be voted upon, without amendment, by the
     8  senate or the assembly and if approved by the first  house  voting  upon
     9  it,  such  legislation shall be delivered to the other house immediately
    10  to be voted upon without amendment.  If approved by  both  houses,  such
    11  legislation shall be presented to the governor for action.
    12    If either house shall fail to approve the legislation implementing the
    13  first  redistricting  plan,  or the governor shall veto such legislation
    14  and the legislature shall fail to override such veto, each house or  the
    15  governor  if  he or she vetoes it, shall notify the commission that such
    16  legislation has been disapproved.  Within fifteen days of such notifica-
    17  tion and in no case later than [February twenty-eighth]  January  first,
    18  the redistricting commission shall prepare and submit to the legislature
    19  a  second  redistricting plan and the necessary implementing legislation
    20  for such plan.  Such legislation shall be voted upon, without amendment,
    21  by the senate or the assembly and, if approved by the first house voting
    22  upon it, such legislation shall be delivered to the  other  house  imme-
    23  diately to be voted upon without amendment.  If approved by both houses,
    24  such  legislation shall be presented to the governor for action.  In the
    25  year two thousand twenty-two only, the commission shall  submit  to  the
    26  legislature  a first redistricting plan no later than January first, two
    27  thousand twenty-two.  If either house shall fail to approve  the  legis-
    28  lation  implementing the first redistricting plan, or the governor shall
    29  veto such legislation and the legislature shall fail  to  override  such
    30  veto,  each house or the governor if he or she vetoes it, shall promptly
    31  notify the commission that such legislation has been  disapproved.    No
    32  later  than  January fifteen, two thousand twenty-two, the redistricting
    33  commission shall prepare and submit to the legislature a  second  redis-
    34  tricting  plan and the necessary implementing legislation for such plan.
    35  Such legislation shall be voted upon, without amendment, by  the  senate
    36  or the assembly and, if approved by the first house voting upon it, such
    37  legislation  shall  be  delivered  to  the other house immediately to be
    38  voted upon without amendment.  If approved by both houses,  such  legis-
    39  lation shall be presented to the governor for action.
    40    If either house shall fail to approve the legislation implementing the
    41  second  redistricting  plan, or the governor shall veto such legislation
    42  and the legislature shall fail to override such veto, or the redistrict-
    43  ing commission fails to vote on a redistricting  plan  and  implementing
    44  legislation  by  the  required  deadline  and  makes a submission to the
    45  legislature pursuant to subdivision (g-1)  of  section  five-b  of  this
    46  article,  each  house shall introduce such implementing legislation with
    47  any amendments each house of the legislature deems necessary.  All  such
    48  amendments  shall  comply  with  the  provisions  of  this article.   If
    49  approved by both houses, such legislation  shall  be  presented  to  the
    50  governor for action.
    51    All  votes  by the senate or assembly on any redistricting plan legis-
    52  lation pursuant to this article shall be conducted  in  accordance  with
    53  the following rules:
    54    (1)  [In  the event that the speaker of the assembly and the temporary
    55  president of the senate are members of two different political  parties,
    56  approval]  Approval  of  legislation submitted by the independent redis-

        S. 515                              4

     1  tricting commission pursuant to subdivision (f)  of  section  five-b  of
     2  this  article  shall  require  the  vote in support of its passage by at
     3  least a majority of the members elected to each house.
     4    (2)  [In  the event that the speaker of the assembly and the temporary
     5  president of the senate are members of two different political  parties,
     6  approval]  Approval  of  legislation submitted by the independent redis-
     7  tricting commission pursuant to subdivision (g)  of  section  five-b  of
     8  this  article  shall  require  the  vote in support of its passage by at
     9  least sixty percent of the members elected to each house.
    10    [(3) In the event that the speaker of the assembly and  the  temporary
    11  president  of  the  senate  are  members  of  the  same political party,
    12  approval of  legislation  submitted  by  the  independent  redistricting
    13  commission  pursuant to subdivision (f) or (g) of section five-b of this
    14  article shall require the vote in support of its  passage  by  at  least
    15  two-thirds of the members elected to each house.]
    16    (c)  Subject to the requirements of the federal constitution and stat-
    17  utes and in  compliance  with  state  constitutional  requirements,  the
    18  following  principles  shall be used in the creation of state senate and
    19  state assembly districts and congressional districts:
    20    (1) When drawing district lines, the commission shall consider whether
    21  such lines would result in  the  denial  or  abridgement  of  racial  or
    22  language  minority  voting  rights,  and districts shall not be drawn to
    23  have the purpose of, nor shall they result in, the denial or abridgement
    24  of such rights. Districts shall be drawn so that, based on the  totality
    25  of  the  circumstances,  racial  or minority language groups do not have
    26  less opportunity to participate in  the  political  process  than  other
    27  members of the electorate and to elect representatives of their choice.
    28    (2)  To  the  extent practicable, districts shall contain as nearly as
    29  may be an equal number of inhabitants.  For each district that  deviates
    30  from  this  requirement,  the commission shall provide a specific public
    31  explanation as to why such deviation exists.
    32    (3) Each district shall consist of contiguous territory.
    33    (4) Each district shall be as compact in form as practicable.
    34    (5) Districts shall not be drawn to discourage competition or for  the
    35  purpose of favoring or disfavoring incumbents or other particular candi-
    36  dates  or  political  parties. The commission shall consider the mainte-
    37  nance of cores of existing districts, of pre-existing political subdivi-
    38  sions, including counties, cities, and  towns,  and  of  communities  of
    39  interest.
    40    (6)  [In  drawing  senate districts, towns or blocks which, from their
    41  location may be included in either of two districts, shall be so  placed
    42  as  to  make  said districts most nearly equal in number of inhabitants.
    43  The requirements that senate districts not divide counties or towns,  as
    44  well  as  the 'block-on-border' and 'town-on-border' rules, shall remain
    45  in effect] To the extent practicable, all incarcerated persons shall  be
    46  re-numerated  to their place of last residence for the purposes of draw-
    47  ing district lines.
    48    During the preparation of  the  redistricting  plan,  the  independent
    49  redistricting  commission shall conduct not less than one public hearing
    50  on proposals for the redistricting of congressional and  state  legisla-
    51  tive  districts  in  each  of the following (i) cities: Albany, Buffalo,
    52  Syracuse, Rochester, and White Plains; and (ii) counties: Bronx,  Kings,
    53  New  York,  Queens,  Richmond,  Nassau,  and Suffolk. Notice of all such
    54  hearings shall be widely published using the best  available  means  and
    55  media a reasonable time before every hearing. At least thirty days prior
    56  to  the  first  public  hearing and in any event no later than September

        S. 515                              5

     1  fifteenth of the year ending in one or as soon as practicable  thereaft-
     2  er, the independent redistricting commission shall make widely available
     3  to  the  public,  in print form and using the best available technology,
     4  its  draft  redistricting plans, relevant data, and related information.
     5  Such plans, data, and information shall be in a  form  that  allows  and
     6  facilitates their use by the public to review, analyze, and comment upon
     7  such  plans and to develop alternative redistricting plans for presenta-
     8  tion to the commission at the public hearings.  The  independent  redis-
     9  tricting  commission  shall  report the findings of all such hearings to
    10  the legislature upon submission of a redistricting plan.
    11    (d) The ratio for apportioning senators shall always  be  obtained  by
    12  dividing  the  number  of  inhabitants[,  excluding  aliens,] by [fifty]
    13  sixty-three, and the senate shall always be composed of  [fifty]  sixty-
    14  three  members[, except that if any county having three or more senators
    15  at the time of any apportionment shall be entitled on such ratio  to  an
    16  additional  senator  or  senators,  such  additional senator or senators
    17  shall be given to such county in addition to the fifty senators, and the
    18  whole number of senators shall be increased to that extent].
    19    The senate districts, including the present ones,  as  existing  imme-
    20  diately before the enactment of a law readjusting or altering the senate
    21  districts,  shall continue to be the senate districts of the state until
    22  the expirations of the terms of the senators then in office, except  for
    23  the  purpose of an election of senators for full terms beginning at such
    24  expirations, and for the formation of assembly districts.
    25    (e) The process for redistricting congressional and state  legislative
    26  districts  established  by  this section and sections five and five-b of
    27  this article shall govern redistricting in  this  state  except  to  the
    28  extent that a court is required to order the adoption of, or changes to,
    29  a redistricting plan as a remedy for a violation of law.
    30    A  reapportionment plan and the districts contained in such plan shall
    31  be in force until the effective date of a plan based upon the subsequent
    32  federal decennial census taken in a year ending in zero unless  modified
    33  pursuant to court order.
    34    §  4.  Resolved (if the Assembly concur), That sections 5-a and 5-b of
    35  article 3 of the constitution be amended to read as follows:
    36    [§ 5-a. For the purpose of apportioning senate and assembly  districts
    37  pursuant to the foregoing provisions of this article, the term "inhabit-
    38  ants, excluding aliens" shall mean the whole number of persons.]
    39    § 5-b. (a) On or before February first of each year ending with a zero
    40  and  at any other time a court orders that congressional or state legis-
    41  lative districts be amended,  an  independent  redistricting  commission
    42  shall  be  established to determine the district lines for congressional
    43  and state legislative offices. The independent redistricting  commission
    44  shall be composed of ten members, appointed as follows:
    45    (1)  two  members shall be appointed by the temporary president of the
    46  senate;
    47    (2) two members shall be appointed by the speaker of the assembly;
    48    (3) two members shall be appointed  by  the  minority  leader  of  the
    49  senate;
    50    (4)  two  members  shall  be  appointed  by the minority leader of the
    51  assembly;
    52    (5) two members shall be appointed  by  the  eight  members  appointed
    53  pursuant  to paragraphs (1) through (4) of this subdivision by a vote of
    54  not less than five members in favor of such appointment, and  these  two
    55  members  shall  not  have  been  enrolled in the preceding five years in

        S. 515                              6

     1  either of the two political parties that contain the largest  or  second
     2  largest number of enrolled voters within the state;
     3    (6) one member shall be designated chair of the commission by a major-
     4  ity  of  the members appointed pursuant to paragraphs (1) through (5) of
     5  this subdivision to convene and preside over each meeting of the commis-
     6  sion.
     7    (b) The members of the independent redistricting commission  shall  be
     8  registered  voters  in this state. No member shall within the last three
     9  years:
    10    (1) be or have been a member of the  New  York  state  legislature  or
    11  United States Congress or a statewide elected official;
    12    (2) be or have been a state officer or employee or legislative employ-
    13  ee as defined in section seventy-three of the public officers law;
    14    (3) be or have been a registered lobbyist in New York state;
    15    (4)  be  or  have been a political party chairman, as defined in para-
    16  graph (k) of subdivision one of  section  seventy-three  of  the  public
    17  officers law;
    18    (5)  be the spouse of a statewide elected official or of any member of
    19  the United States Congress, or of the state legislature.
    20    (c) To the extent practicable, the members of the  independent  redis-
    21  tricting commission shall reflect the diversity of the residents of this
    22  state  with  regard to race, ethnicity, gender, language, and geographic
    23  residence and to the extent practicable the appointing authorities shall
    24  consult with organizations devoted to protecting the  voting  rights  of
    25  minority and other voters concerning potential appointees to the commis-
    26  sion.
    27    (d)  Vacancies  in  the  membership  of the commission shall be filled
    28  within thirty days in the manner provided for in the  original  appoint-
    29  ments.
    30    (e)  The  legislature shall provide by law for the compensation of the
    31  members of the independent redistricting commission,  including  compen-
    32  sation  for actual and necessary expenses incurred in the performance of
    33  their duties.
    34    (f) A minimum of five members of the independent redistricting commis-
    35  sion shall constitute a quorum for the transaction of  any  business  or
    36  the exercise of any power of such commission prior to the appointment of
    37  the two commission members appointed pursuant to paragraph (5) of subdi-
    38  vision (a) of this section, and a minimum of seven members shall consti-
    39  tute a quorum after such members have been appointed, and no exercise of
    40  any  power of the independent redistricting commission shall occur with-
    41  out the affirmative vote of at least a majority of the members, provided
    42  that[, in order to  approve  any  redistricting  plan  and  implementing
    43  legislation, the following rules shall apply:
    44    (1)  In  the  event that the speaker of the assembly and the temporary
    45  president of the  senate  are  members  of  the  same  political  party,
    46  approval  of  a  redistricting  plan and implementing legislation by the
    47  commission for submission to the legislature shall require the  vote  in
    48  support of its approval by at least seven members including at least one
    49  member appointed by each of the legislative leaders.
    50    (2)  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 of a redistricting plan and  implementing  legislation  by  the
    53  commission  for  submission to the legislature shall require the vote in
    54  support of its approval by at least seven members  [including  at  least
    55  one  member  appointed  by  the  speaker  of the assembly and one member
    56  appointed by the temporary president of the senate].

        S. 515                              7

     1    (g) In the event that the commission is unable to obtain  seven  votes
     2  to approve a redistricting plan on or before [January] November first in
     3  the  year  ending in [two] one or as soon as practicable thereafter, the
     4  commission shall submit to the legislature that redistricting  plan  and
     5  implementing  legislation  that  garnered the highest number of votes in
     6  support of its approval by the commission with a  record  of  the  votes
     7  taken.  In the event that more than one plan received the same number of
     8  votes  for  approval, and such number was higher than that for any other
     9  plan, then the commission shall submit  all  plans  that  obtained  such
    10  number  of  votes.    The  legislature shall consider and vote upon such
    11  implementing legislation in accordance with the voting rules  set  forth
    12  in subdivision (b) of section four of this article.
    13    (g-1)  If  the  commission  does not vote on any redistricting plan or
    14  plans, for any reason, by the date required for submission of such  plan
    15  by  this  article,  the  commission  shall submit to the legislature all
    16  plans in its possession, both completed and in draft form, and the  data
    17  upon which such plans are based.
    18    (h)  (1)  The  independent  redistricting commission shall appoint two
    19  co-executive directors by a majority vote of the commission [in  accord-
    20  ance with the following procedure:
    21    (i)  In  the  event that the speaker of the assembly and the temporary
    22  president of the senate are members of two different political  parties,
    23  the  co-executive  directors  shall  be  approved  by  a majority of the
    24  commission that includes at least one appointee by the  speaker  of  the
    25  assembly  and  at  least one appointee by the temporary president of the
    26  senate.
    27    (ii) In the event that the speaker of the assembly and  the  temporary
    28  president  of  the  senate  are members of the same political party, the
    29  co-executive directors shall be approved by a majority of the commission
    30  that includes at least one appointee by each of  the  legislative  lead-
    31  ers].
    32    (2)  [One of the co-executive directors shall be enrolled in the poli-
    33  tical party with the highest number of enrolled members in the state and
    34  one shall be enrolled in the political party  with  the  second  highest
    35  number  of  enrolled  members  in the state.] The co-executive directors
    36  shall appoint such staff as are necessary to  perform  the  commission's
    37  duties, except that the commission shall review a staffing plan prepared
    38  and provided by the co-executive directors which shall contain a list of
    39  the various positions and the duties, qualifications, and salaries asso-
    40  ciated with each position.
    41    [(3) In the event that the commission is unable to appoint one or both
    42  of  the  co-executive directors within forty-five days of the establish-
    43  ment of a quorum of seven commissioners, the following  procedure  shall
    44  be followed:
    45    (i)  In  the  event that the speaker of the assembly and the temporary
    46  president of the senate are members of two different political  parties,
    47  within ten days the speaker's appointees on the commission shall appoint
    48  one  co-executive  director, and the temporary president's appointees on
    49  the commission shall appoint the other co-executive director. Also with-
    50  in ten days the minority leader of the assembly shall select a co-deputy
    51  executive director, and the minority leader of the senate  shall  select
    52  the other co-deputy executive director.
    53    (ii)  In  the event that the speaker of the assembly and the temporary
    54  president of the senate are members of the same political party,  within
    55  ten  days  the  speaker's  and  temporary  president's appointees on the
    56  commission shall together appoint one co-executive director, and the two

        S. 515                              8

     1  minority leaders' appointees on the commission  shall  together  appoint
     2  the other co-executive director.
     3    (4)  In the event of a vacancy in the offices of co-executive director
     4  or co-deputy executive director, the position shall be filled within ten
     5  days of its occurrence by the same appointing authority  or  authorities
     6  that appointed his or her predecessor.]
     7    (i)  The  state  budget shall include necessary appropriations for the
     8  expenses  of  the  independent  redistricting  commission,  provide  for
     9  compensation  and reimbursement of expenses for the members and staff of
    10  the commission, assign to the commission any additional duties that  the
    11  legislature  may  deem necessary to the performance of the duties stipu-
    12  lated in this article, and require other agencies and officials  of  the
    13  state  of New York and its political subdivisions to provide such infor-
    14  mation and assistance as the  commission  may  require  to  perform  its
    15  duties.
    16    §  5.   Resolved (if the Assembly concur), That section 5 of article 3
    17  of the constitution be amended to read as follows:
    18    § 5. The members of the assembly shall be chosen by  single  districts
    19  and  shall be apportioned pursuant to this section and sections four and
    20  five-b of this article at each  regular  session  at  which  the  senate
    21  districts  are  readjusted  or  altered,  and by the same law, among the
    22  several counties of the state, as nearly as  may  be  according  to  the
    23  number of their respective inhabitants[, excluding aliens]. Every county
    24  heretofore  established  and  separately organized, except the county of
    25  Hamilton, shall always be entitled to one member  of  assembly,  and  no
    26  county shall hereafter be erected unless its population shall entitle it
    27  to  a  member.  The  county  of  Hamilton shall elect with the county of
    28  Fulton, until the population of the county of Hamilton shall,  according
    29  to  the  ratio,  entitle it to a member. But the legislature may abolish
    30  the said county of Hamilton and annex  the  territory  thereof  to  some
    31  other county or counties.
    32    The  quotient  obtained by dividing the whole number of inhabitants of
    33  the state, [excluding aliens,] by the number  of  members  of  assembly,
    34  shall  be  the  ratio for apportionment, which shall be made as follows:
    35  One member of assembly shall be apportioned to every  county,  including
    36  Fulton  and  Hamilton  as one county, containing less than the ratio and
    37  one-half over. Two members shall be apportioned to every  other  county.
    38  The  remaining  members of assembly shall be apportioned to the counties
    39  having more than two ratios according to  the  number  of  inhabitants[,
    40  excluding  aliens].  Members  apportioned  on remainders shall be appor-
    41  tioned to the counties having the highest remainders in the order there-
    42  of respectively. No county shall have more members of  assembly  than  a
    43  county having a greater number of inhabitants[, excluding aliens].
    44    The  assembly districts, including the present ones, as existing imme-
    45  diately before the enactment of a law making an apportionment of members
    46  of assembly among the  counties,  shall  continue  to  be  the  assembly
    47  districts of the state until the expiration of the terms of members then
    48  in  office, except for the purpose of an election of members of assembly
    49  for full terms beginning at such expirations.
    50    In any county entitled to more than one member, the board of  supervi-
    51  sors,  and in any city embracing an entire county and having no board of
    52  supervisors, the common council, or if there be none, the body  exercis-
    53  ing  the powers of a common council, shall assemble at such times as the
    54  legislature making an apportionment shall  prescribe,  and  divide  such
    55  counties  into  assembly districts as nearly equal in number of inhabit-
    56  ants, [excluding aliens,] as may be, of convenient and contiguous terri-

        S. 515                              9

     1  tory in as compact form as practicable, each of which  shall  be  wholly
     2  within  a  senate district formed under the same apportionment, equal to
     3  the number of members of assembly to which such county  shall  be  enti-
     4  tled,  and  shall  cause  to  be filed in the office of the secretary of
     5  state and of the clerk of such county, a description of such  districts,
     6  specifying  the  number of each district and of the inhabitants thereof,
     7  [excluding aliens,] according to the census or enumeration used  as  the
     8  population  basis  for  the formation of such districts; and such appor-
     9  tionment and districts shall remain unaltered until after the next reap-
    10  portionment of members of assembly, except that the board of supervisors
    11  of any county containing a town having more than a ratio  of  apportion-
    12  ment  and  one-half  over  may  alter the assembly districts in a senate
    13  district containing such town at any time  on  or  before  March  first,
    14  nineteen  hundred  forty-six.  In  counties  having more than one senate
    15  district, the same number of assembly districts shall  be  put  in  each
    16  senate  district, unless the assembly districts cannot be evenly divided
    17  among the senate districts of any county, in which case one more  assem-
    18  bly  district  shall be put in the senate district in such county having
    19  the largest, or one less assembly district shall be put  in  the  senate
    20  district  in  such  county  having  the  smallest number of inhabitants,
    21  [excluding aliens,] as the case may require.   Nothing in  this  section
    22  shall  prevent  the division, at any time, of counties and towns and the
    23  erection of new towns by the legislature.
    24    An apportionment by the legislature, or other body, shall  be  subject
    25  to  review  by the supreme court, at the suit of any citizen, under such
    26  reasonable regulations as the legislature may prescribe; and  any  court
    27  before  which  a  cause may be pending involving an apportionment, shall
    28  give precedence thereto over all other causes and  proceedings,  and  if
    29  said  court be not in session it shall convene promptly for the disposi-
    30  tion of the same.  The court shall render its decision within sixty days
    31  after a petition is filed. In any judicial proceeding relating to redis-
    32  tricting of congressional or state legislative districts, any law estab-
    33  lishing congressional or state legislative districts  found  to  violate
    34  the  provisions of this article shall be invalid in whole or in part. In
    35  the event that a court finds such a  violation,  the  legislature  shall
    36  have  a  full  and  reasonable  opportunity  to  correct the law's legal
    37  infirmities.
    38    § 6.  Resolved (if the Assembly concur), That the foregoing  amendment
    39  be  submitted  to  the people for approval at the general election to be
    40  held in the year 2021 in accordance with the provisions of the  election
    41  law.
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