Proposes a constitutional amendment to create a non-partisan apportionment commission

Summary of specific provisions

Section one amends sections 4 and 5 of Article 3 of the Constitution, and adds a new Section 5-b.

* Article 3 Section 4 is amended to charge a reapportionment commission (rather than the Legislature) with the responsibility for apportionment of the Assembly members and adjustment or alteration of Senate and Assembly districts. Added language provides that:

* In no case shall a Senate district have a population which varies from the average population of all districts, unless a population variance is necessary to comply with one of the other standards set forth in this section, and in no case shall a single district have a population which varies more than five percent from the average population of all districts. Congressional districts shall have populations as nearly equal as is practicable based on the population reported in the federal census taken in each year ending in zero. No district for election of members to the United States House of Representatives shall have a population that varies by more than one percent from the average population of all congressional districts in the state.

* The districts of a house shall be as compact as possible, consistent with the standards listed above. In no case shall the aggregate length of the boundaries of all the districts of a house exceed by more than five percent the shortest possible aggregate length of all the districts under any other plan for the same house that is consistent with the other standards contained in the Constitution. In the case of a local political subdivision that has a population sufficient to establish two or more districts for anyone house, the aggregate length of the boundaries of all districts for that house entirely within the political subdivision shall not exceed by more than five percent the shortest possible aggregate length of the districts within the political subdivision under any other plan that is consistent with the other standards contained in the Constitution.

* Districts shall not be drawn for the purpose of favoring any political party, incumbent legislator or other person or group. In preparing a plan, the commission shall not consider or take into account the address of individual persons, including incumbent legislators. The commission shall not use the political affiliations of registered voters, previous election results, addresses of incumbent legislators, addresses of individual persons and demographic information other than population head counts for the purpose of favoring any political party, incumbent legislator or

other person or group. Districts shall not be drawn for the purpose of diluting the voting strength of any language or racial minority group.

* Article 3 Section 5 is also amended to transfer apportionment responsibility from the legislature to an apportioning commission, and imposes requirements on the adjustment of Assembly districts according to the standards set forth for the Senate above.

* New language regarding supreme court jurisdiction over reapportionment is substituted for existing language, giving deadlines for: filing a petition challenging the commission's apportionment plan (within 45 days of the plan's adoption); for the court to render a decision (within 60 days after a petition is filed); and for the commission to prepare a new plan should the court find that the original plan is inconsistent with any state or federal constitutional or statutory provision (within 60 days of the court's decision).

* New language is added providing that a reapportionment plan shall be in force until the effective date of a plan based on the next census unless it is modified by court order. A plan shall not be subject to amendment, approval or repeal by initiative, referendum or act of the Legislature.

* New language is added providing that the Legislature may define by law any of the standards in this section and may establish by law additional standards, consistent with federal and state constitutional provisions, designed to guarantee fair and effective representation for all citizens. No law shall modify a plan in effect at the time of the effective date of that law.

* A new Section 5-b is added to Article 3 providing that in each census year and at any other time of court ordered apportionment, a commission shall be established to prepare a reapportionment plan for state legislative and congressional districts. The commission shall consist of five members, none of whom may be past or current public officials, nor past or current office holders in any political party. The Temporary President of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly shall each select one member. The four members shall select, by a vote of at least three members, a fifth member who shall serve as chair. The Legislature shall establish by law qualifications of commissioners and procedures for their selection and the filling of vacancies. The Legislature shall establish by law the duties and powers of the commission and shall appropriate funds to enable the commission to carry out its duties.

Justification

At the beginning of each decade, the Legislature, based on the results of United States census, must redraw the lines that delineate Assembly and Senate districts. This reapportionment process is necessary to maintain the "one person, one vote" principle embodied in our constitution. Currently, the majority parties in each house have de facto control of drawing the district lines. There is widespread perception that the redrawing of district lines is a politically charged process widely misused for political purposes.

That New York elections demonstrate unusually high re-election rates, and persistently produce a Democratic Assembly and a Republican Senate, no doubt contributes to this perception. Moreover, we see convoluted districts that snake throughout counties, including or excluding towns, blocks and even individual streets. This suggests that new districts are often drawn to favor the election of a candidate from a certain party, and that areas are included or excluded based on their political and electoral proclivities rather than a true commonality of interest. This bill provides for a process far less vulnerable to charges of politicization. It assigns the responsibility for drawing lines not to the Legislature but to a reapportionment Commission composed of individuals who do not hold elective office. The majority and minority leaders of both houses would each appoint one member to this committee. These four members would elect a fifth member to serve as chairman. These members are insulated from political motivations and self-interest in the redistricting process, and could redraw the districts more objectively. The bill also combats perceptions of gerrymandering by providing that each district be as compact as possible and by barring the use of information other than the United States Census in the reapportionment plan.

Prior legislative history

S.2892 of 2009: Referred to Judiciary S.487 of 2007: Referred to Judiciary S.7976 of 2006: Referred to Judiciary

Fiscal implications

None.

Effective date

RESOLVED (if the Assembly concur), that the foregoing amendments be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.