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[, except4as 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 Resolved (if the Assembly concur), That section 3 of article 3 of 11 the constitution be REPEALED. 12 § 3.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. LBD89035-01-1S. 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 public40ways,] shall be divided in the formation of senate districts. [In the41reapportionment of senate districts, no district shall contain a greater42excess in population over an adjoining district in the same county, than43the population of a town or block therein adjoining such district. Coun-44ties, towns or blocks which, from their location, may be included in45either of two districts, shall be so placed as to make said districts46most nearly equal in number of inhabitants, excluding aliens.47No county shall have four or more senators unless it shall have a full48ratio 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 beforeS. 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 [two3beginning 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 temporary55president of the senate are members of two different political parties,56approval] 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 temporary5president of the senate are members of two different political parties,6approval] 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 temporary11president of the senate are members of the same political party,12approval of legislation submitted by the independent redistricting13commission pursuant to subdivision (f) or (g) of section five-b of this14article shall require the vote in support of its passage by at least15two-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 their41location may be included in either of two districts, shall be so placed42as to make said districts most nearly equal in number of inhabitants.43The requirements that senate districts not divide counties or towns, as44well as the 'block-on-border' and 'town-on-border' rules, shall remain45in 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 SeptemberS. 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 senators15at the time of any apportionment shall be entitled on such ratio to an16additional senator or senators, such additional senator or senators17shall be given to such county in addition to the fifty senators, and the18whole 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 districts37pursuant to the foregoing provisions of this article, the term "inhabit-38ants, 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 inS. 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 implementing43legislation, the following rules shall apply:44(1) In the event that the speaker of the assembly and the temporary45president of the senate are members of the same political party,46approval of a redistricting plan and implementing legislation by the47commission for submission to the legislature shall require the vote in48support of its approval by at least seven members including at least one49member appointed by each of the legislative leaders.50(2) In the event that the speaker of the assembly and the temporary51president 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 least55one member appointed by the speaker of the assembly and one member56appointed 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-20ance with the following procedure:21(i) In the event that the speaker of the assembly and the temporary22president of the senate are members of two different political parties,23the co-executive directors shall be approved by a majority of the24commission that includes at least one appointee by the speaker of the25assembly and at least one appointee by the temporary president of the26senate.27(ii) In the event that the speaker of the assembly and the temporary28president of the senate are members of the same political party, the29co-executive directors shall be approved by a majority of the commission30that includes at least one appointee by each of the legislative lead-31ers]. 32 (2) [One of the co-executive directors shall be enrolled in the poli-33tical party with the highest number of enrolled members in the state and34one shall be enrolled in the political party with the second highest35number 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 both42of the co-executive directors within forty-five days of the establish-43ment of a quorum of seven commissioners, the following procedure shall44be followed:45(i) In the event that the speaker of the assembly and the temporary46president of the senate are members of two different political parties,47within ten days the speaker's appointees on the commission shall appoint48one co-executive director, and the temporary president's appointees on49the commission shall appoint the other co-executive director. Also with-50in ten days the minority leader of the assembly shall select a co-deputy51executive director, and the minority leader of the senate shall select52the other co-deputy executive director.53(ii) In the event that the speaker of the assembly and the temporary54president of the senate are members of the same political party, within55ten days the speaker's and temporary president's appointees on the56commission shall together appoint one co-executive director, and the twoS. 515 8 1minority leaders' appointees on the commission shall together appoint2the other co-executive director.3(4) In the event of a vacancy in the offices of co-executive director4or co-deputy executive director, the position shall be filled within ten5days of its occurrence by the same appointing authority or authorities6that 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[,40excluding 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.