What's happening
This bill sets new standards for how counties in New York, except those fully within a city, must divide legislative districts to ensure equal, fair, and compact representation.
Why it matters
Strengthens the principle of "one person, one vote". by requiring that all county legislative district plans (outside counties wholly within a city) give substantially equal representation to all county residents, reducing the risk of unequal or biased districting.
Limits splitting of towns. during district drawing, except for towns much larger than a single district, which helps preserve local communities and their influence, while restricting gerrymandering tactics that divide towns for political advantage.
Prioritizes fair representation for political parties. , requiring plans to provide substantially fair and effective party representation, which could affect the balance of power and the competitiveness of local elections.
Mandates that legislative districts be contiguous and as compact as practicable. , aiming to prevent oddly-shaped, sprawling districts designed for partisan gain and to make representation more logical and accessible for constituents.
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Who cares
Headline styles
Counties Can't Override State Redistricting
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Print number 4611a
- Amend and recommit to local government
- Referred to local government
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.572
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Counties Must Follow State Lines
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4611--A
2019-2020 Regular Sessions
IN SENATE
March 15, 2019
Introduced by Sens. GAUGHRAN, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the municipal home rule law, in relation to the division of a county into districts for the apportionment of members of its local legislative body
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 34 of the municipal home rule law is renumbered subdivision 5 and a new subdivision 4 is added to read as follows:
4. Any plan of apportionment adopted pursuant to a county charter or charter law relating to the division of any county, except a county wholly contained within a city, into districts for the purpose of the apportionment or reapportionment of members of its local legislative body shall be subject to federal and state constitutional requirements and shall comply with the following standards, which shall have priority in the order set forth in this subdivision, to the extent applicable:
a. The plan shall provide substantially equal weight for all of the residents of that county in the allocation of representation in the local legislative body.
b. In such plan, no town except a town having more than one hundred ten percent of a full ratio for each representative, shall be divided in the formation or representation areas. Adjacent representation areas in the same town or city shall not contain a greater excess in population than five percent of a full ratio for each representative.
c. The plan shall provide substantially fair and effective representation for the people of the county as organized in political parties.
d. Representation areas shall be of convenient and contiguous territory in as compact form as practicable.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03710-05-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the municipal home rule law, in relation to the division of a county into districts for the apportionment of members of its local legislative body
Purpose or general idea of bill
To provide that no county shall supersede any state law which relates to the division of any county into districts for the purposes of apportion- ment
Summary of specific provisions
Section one adds a new section 34 to the municipal home rule law by adding a new subdivision 4 which provides that any plan of apportionment adopted pursuant to a county charter or charter law relating to the division of any county, except a county wholly contained within a city, into districts for the purpose of the apportionment or reapportionment of members of its local legislative body shall be subjected to federal and state constitutional requirements and shall comply with the follow- ing standards, which shall have priority in the order set forth in this subdivision, to the extent applicable:
a. the plan shall provide substantially equal weight for all of the residents of that county in the allocation of representation in the local legislative body.
b. in such plan, no town except a town having more than one hundred ten percent of a full ratio for each representative, shall be divided in the formation or representative areas. Adjacent representation areas in the same town or city shall not contain a greater excess in population than five percent of a full ration for each representative.
c. the plan shall provide substantially fair and effective represen- tation for the people of the county as organized in political parties.
d. representation areas shall be of convenient and contagious territory in as compact form as practicable.
Section two sets the enactment date.
Justification
The Municipal Home Rule Law contains specific guidelines for county redistricting. The guidelines, which spell out allowable deviations in population equality among districts, direct counties to follow political subdivision lines to the extent possible in the districting process.
The Westchester League of Women Voters challenged the 1991 county legis- lative redistricting in State Supreme. Court on the ground that the county redistricting that year ignored the State guidelines. The Court ruled that Westchester was immune from the directives of the Municipal Home Rule Law, a finding that was upheld in the Appellate Division. It stated: "Westchester County operates under a charter form of government and its reapportionment plans are adopted pursuant to its charter, not Municipal Home Rule Law Sec 10(1)(a)(13) (a)." The County League worked unsuccessfully for a Charter amendment that would incorporate guidelines for protecting political subdivision lines, subject to legal require- ments for equal population districting. Statutory provisions for elec- toral procedures should be uniformly applied in New York State. In the face of the County's failure to exercise its own power to establish fair districting guidelines, the State should extend the reach of the Munici- pal Home Rule Law guidelines on districting to cover charter counties. This proposed amendment would extend generally accepted standards for representation to all the people of New York.
Legislative history
A.446 of 2017 and 2018,referred to local governments.
A.1408 of 2015 and 2016, referred to local governments.
A.501 of 2013 and 2014, referred to local governments.
A.142 of 2011 and 2012, referred to local governments.
A.782 of 2009 and 2010, referred to local governments.
A.1017 of 2007 and 2008, referred to local governments.
A.1773 of 2005 and 2006 referred to local governments.
A.5008 of 2004 recommitted to local governments.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.