Creates the independent redistricting commission to establish senate, assembly and congressional districts

Summary of specific provisions

Section 1 would amend sections 4 and 5 of article 3 of the constitution to establish a new and exclusive process by which new state legislative and congressional districts shall be drawn. A new independent redistricting commission, selected pursuant to a new section 5-b of the same article, shall submit to the legislature its proposed district plans, and the legislature, shall vote upon them without amendment. If the legislature fails to pass such plans twice, it may amend such plans arid then vote upon them. Section 1 would further establish voting rules to govern each house's vote upon the independent redistricting commission's plans that would protect the minority conferences in each house and ensure the integrity of the commission's plans by requiring approval by more than a majority of members under certain circumstances. Section 1 would establish substantive principles to govern the drafting and approval of any district plans. Among other principles that would be followed in drawing such district lines, this section would require: (1) the commission to consider whether proposed lines would deny or abridge racial or language minority voting rights; (2) no districts be drawn to have the purpose of, or result in, such denial or abridgement; (3) districts be drawn so that racial or language minority groups do not have less opportunity to Participate in the political process than other members of the electorate and to elect representatives of their choice; (4) districts not be drawn to discourage competition or for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties; (5) the commission consider the maintenance of cores of existing districts, of pre-existing Political subdivisions, and of communities of interest; (6) districts contain as nearly as may be an equal number of inhabitants and any deviation in a district shall be explained specifically by the commission; and (7) districts be contiguous and as compact in form as practicable.

The amendments would require the commission to hold extensive public hearings across the state in specified cities and counties, and to

make its drafts and relevant data widely available via the best available technology. Section 1 would amend the judicial review provision of this article to establish a 60-day deadline for decisions in this area, to establish that a court may find a district plan invalid in whole or in part if it has been drawn in violation of this article, and to provide that the court shall provide the legislature an opportunity to address such legal infirmity in the first instance.

A new section 5-b is added to establish the nature and structure of the independent redistricting commission. Specifically, the commission would consist of ten members: two appointees by each of the four legislative leaders and then two appointees selected by the majority of those eight members such that least one appointee made by either of the Assembly or Senate minority leaders must approve those two members. Neither of those two members may have been enrolled members of either of the two major political parties in New York State in the last five years. The amendment further requires that the appointing authorities shall consult with organizations devoted to protecting the voting rights of minority and other voters concerning their appointments. The commission members must be registered voters in New York State, but not have been in the last three years (a) members of the state legislature or congress ox a statewide official or the spouse of any of these elected officials, (b) a state officer or employee or legislative employee; (c) a registered lobbyist; or (d) a political party chairman.

To approve a redistricting plan, the independent redistricting commission would need to obtain the vote of at least seven of its ten members in support of the plan. In the event that the commission is unable to obtain seven votes to approve a redistricting plan, the commission would have to submit to the legislature that plan (or plans, if two or more plans garnered an equal number of votes) that garnered the highest number of votes in support of its approval. The independent redistricting commission would appoint two co-executive directors of the commission by approval of a majority of the members of the commission; and the co-executive directors would appoint commission staff.

Section 2 provides that the foregoing amendment be referred to the people for approval at the general election in 2014.

Justification

The proposed constitutional amendment would implement historic changes to achieve a fair and readily transparent process by which to draw the lines of state legislative and congressional districts. It will reform that process to introduce greater independence, and guarantees the application of substantive criteria that protect minority voting rights, communities of interest, and rational line-drawing.

Adoption of this constitutional amendment will ensure that the drawing of legislative district lines in New York will be done by a bipartisan, independent body. By adopting a constitutional amendment the process will be substantively and fundamentally changed for the future.

For the first time, both the majority and minority parties in the legislature will have an equal role in the process of drawing lines.

Members of the commission charged with drawing the lines will have to meet strict criteria to ensure that they are independent. The process for adoption of the lines is explicitly laid out in the amendment to provide transparency and predictability to the process.

Just as important, the enactment of the constitutional amendment will give the voters of New York a voice in the adoption of this new process and by enshrining it in the constitution, ensure that the Process will not be changed without due considerations. The principle of fair and open elections will be furthered by the adoption of this amendment. This far-reaching reform will set the standard for independent redistricting throughout the United States and provide a template for other states to follow.

Prior legislative history

S.6698 (Skelos) - passed Senate in 2012; first legislative passage of the provisions.

FISCAL. IMPLICATIONS: This amendment is not expected to have a significant impact on the State's budget.

Effective date

RESOLVED (if the Assembly concurs), That the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2014 in accordance with the provisions of the election law.