Establishes a legislative advisory commission on redistricting and demographic research

The legislation includes a timetable so that New York can have new legislative districts in place for 2012 elections without disruption and with adequate review time for federal approval required by the Voting Rights Act.

Modeled after recommendations made by the New York City Bar Association for a constitutional amendment creating a similar commission by constitutional amendment and using the same basic criteria, this legislation creates an independent commission while also reserving all plan approval with the Legislature, as required by the State Constitution.

Summary of provisions

Section 1 subparagraph 2 creates an advisory commission on redistricting to draw senate, assembly and congressional districts. The commission would have nine members, with each of the four legislative leaders appointing two members for a term of ten years beginning April 1 of the year before the census is taken. The ninth member and chair shall be selected by a vote of at least six of the other eight members, including one from each appointing authority.

Subsection (b) The districts shall be developed by a vote of at least five members and submitted to the legislature for a vote. The commission must establish senate and assembly districts by January 3 1, 2012 and congressional districts must be established by March 31,

2012. The commission must issue a report on how the plan complies with the criteria set out in the bill and must issue multiple reports if a majority cannot be reached on the plans. If the legislature fails to adopt the plan, the commission shall revise the plan and return all recommendations to the legislature. All votes shall be taken at public meetings/hearings. Commission shall promote public participation, and hold public hearings and allow adequate time for public comment/submission of proposals.

Subsection (c) Allows for the appropriations of expenses necessary for such commission.

Subsection (d) Provides that staff can be hired and contracts entered as well as other requirements relating to data collection and hearings. All expert authorized by this section and data collected from the public shall be made available to the public.

Subsection (e) provides for expenses of actual and necessary expenses of Members.

Subsection (f) provides that surveys, data and other tabulations may be sold to both public and non-public entities.

Subsection (g) provides that any monies received by the commission for sales authorized in subsection (f) be properly credited according to the state finance laws.

Subsection (h) and (i) authorize the chair to complete and execute contracts and to carry out other responsibilities.

Subsection (j) authorizes the commission to hold hearings and to have all powers of a legislative committee.

Subsection (k) authorizes the chair of the commission to request certain data to enable the commission to carry out its powers and duties.

Subsection (l) provides that employees of the commission to be considered as state legislative employees.

Subparagraph 3 Criteria to be followed

(a) legislative districts shall be as nearly equal in population as practicable and shall have a deviation that does not exceed ten percent of the mean population of all districts

(b) congressional districts shall be as nearly equal in population as practicable

(c) districts .shall contain contiguous territory

(d) no person shall be deemed to gain or lose a residence by reason of conviction/incarceration

(e) must give equal representation to racial and language minority groups

(f) criteria hierarchy to be followed:

(i) to the extent possible, counties shall not be divided in the formation of districts

(ii) to the extent possible, county subdivisions shall not be divided in the formation of districts except to create districts wholly within a subdivision

(iii) if a town must be divided, where possible, incorporated villages shall not be divided (iv) districts shall be as compact in form as possible

(v) unite communities of interest

(vi) two or more incumbent members shall not be placed in the same district

Existing law

Section 83(m) of the legislative law is amended to replace the current advisory task force on reapportionment, currently comprised of four legislators and two non-legislators.

Justification

This legislation is designed to make New York's redistricting process more fair, transparent and objective. The last state senate redistricting resulted in a greater number of grossly under populated districts in upstate regions of the state and fewer districts through overpopulation in downstate areas. Districts were created neglecting common sense standards of contiguity and compactness. Communities of interest and common purpose were often ignored, tearing neighborhoods apart. Traditional redistricting criteria was simply ignored.

Fewer opportunities were available for Hispanics, African Americans and Caribbean American communities to elect their candidates of choice.

This legislation address the core issues of how districts should be created and who should create them. While keeping the responsibility within the legislature as required by the state constitution, the legislation expands on the role of the Legislative Advisory Commission on Demographic Research and Reapportionment by changing the name and membership. Eight new non-legislator commission members would be appointed by the four legislative leaders (two each by the Speaker, Senate President Pro Tempore and senate and assembly minority leaders. The eight appointees would select another non-legislator to serve as

chair. The commission would develop and recommend plans for senate, assembly, and congressional districts to the legislature for enactment based on a majority vote. . The commission would also address changes to plans rejected by the legislature for resubmission to the legislature.

Timely deadlines are provided for plan enactments permitting adequate time for either US Justice Department or DC federal court approval (for Bronx, New York and Kings counties) and the orderly election administration.

The commission would be required to work with strict criteria limiting partisan advantages and abuses common to recent redistricting efforts.

Districts would have to be drawn adhering to minimal population deviations, thereby preventing regional favoritism and partisan advantage while at the same time providing enough flexibility to comply with federal Voting Rights Act Sections 5 and Section 2 requirements.

Other major criteria limit contiguity problems by requiring that districts remain accessible within districts and minimizing connections by water. Communities of interest are defined to enable proper identification of New Yorkers when creating districts.

Districts would be required to be compactly drawn, measured' against standards used by the courts when reviewing redistricting plans.

Partisan favoritism would be heavily eliminated by unnecessarily pairing legislators into the same district, a technique often employed by the majority party against the minority party.

The legislation also addresses a long standing civil rights issue regarding the counting of prisoners for redistricting purposes. Prisoners incarcerated in state institutions would be counted at their "home of record" for senate and assembly redistricting.

Thirty years ago, New York was at the forefront of redistricting reform by creating LATFOR as a mechanism to redraw districts in a new and fairer way than the 1960s and 1970s post Baker v. Carr decision rounds permitted.

This new legislation will move New York even further into a more open., fair and transparent process with strong criteria and greater public involvement, through additional non-legislator members and public participation.

Legislative history

S.7882A of 2010

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately, with provisions.