Bill S3419-2011

Enacts the Redistricting Reform Act of 2011; repealer

Enacts the Restricting Reform Act of 2011. Establishes an independent redistricting commission to create redistricting plans for congressional and state legislative districts based on decennial federal census, which shall be considered by and voted upon by the state legislature; eliminates the legislative task force on demographic research and reapportionment.

Details

Actions

  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Feb 18, 2011: REFERRED TO RULES

Memo

BILL NUMBER:S3419

TITLE OF BILL:

An act to amend the legislative law, in relation to redistricting of congressional, senate and assembly districts; and to repeal section 83-m of such law relating to the legislative task force on demographic research and reapportionment

PURPOSE:

This bill, titled the "Redistricting Reform Act of 2011," would establish an independent redistricting commission that would draw maps for congressional and state legislative district lines every ten years following the U.S. Census.

SUMMARY OF PROVISIONS:

Section 1 of the bill would set forth its title as the "Redistricting Reform Act of 2011."

Sections 2 of the bill would amend Legislative Law § 5-a to remove a reference to the Legislative Task Force on Demographic Research and Reapportionment (LATFOR).

Section 3 of the bill would amend Legislative Law § 12 to replace a reference to LATFOR with the Independent Redistricting Commission (Commission).

Section 4 of the bill would repeal Legislative Law § 93-m, which concerns the formation of LATFOR.

Section 5 of the bill would amend the Legislative Law by adding a new article 6-a, which would create an Independent Redistricting Commission and Independent Redistricting Nominations Committee (Nominations Committee). The Nominations Committee would be composed of eight members, with the temporary president of the senate, speaker of the assembly, minority leader of the senate, and minority leader of the assembly each appointing one member, and the governor appointing four members (two of whom would be registered Republicans, and two Democrats). Members could not serve if they currently are or, in the past four years, have been members of the Legislature or Congress, were registered lobbyists, or held a political party position, or a position as an employee of the Executive Chamber, Congress, or the Legislature.

The Nominations Committee would develop a list of 40 persons known as the "nominations pool" who would be vetted for conflicts of interest (such as those conditions that would bar an individual from serving on the Nominations Committee), and would consist of the following individuals: 15 persons enrolled as Democrats, 15 persons enrolled as Republicans, and 10 persons not enrolled as Democrats or Republicans. The pool must also reflect the geographic, racial, ethnic, and gender diversity of the State. The Nominations Committee would be required to consult with organizations devoted to protecting the rights of

minority and other voters to participate in the political process concerning potential candidates for nomination to the nominations pool.

The Independent Redistricting Commission would be selected from the members of the nominations pool, with each legislative leader (majority and minority) appointing two members, for a total of eight members. The eight members would then appoint three additional members, two of whom would serve as co-chairs of the Commission. No more than four of the eight members appointed by the legislative leaders would be enrolled in the same political party, and members would be selected to represent the diversity of the State as described above. The legislative leaders would be required to consult with organizations devoted to the protection of minority and other voters' rights concerning potential appointments to the Commission.

The Commission would be charged with developing redistricting plans for Congress and the Legislature and would make such plans available to the public both before and in the context of extensive public hearings. The Commission would be required to hold numerous public hearings throughout the State and, prior to its first hearing, would post on its website extensive information concerning the plans under development and the data involved in order to facilitate public review, assessment, and critique of those plans, and the development of alternative plans. In particular, the Commission would be required to post its own assessment of its draft plan's compliance with and service of the requirements and principles set forth below, including the plan's protection of minority voting rights.

All redistricting plans would be drawn according to the following requirements, subject to the requirements of state and federal law:

- all congressional districts shall be as nearly equal in population as practicable;

- districts shall be contiguous;

- districts shall not be established that are intended to or result in a denial or abridgement of minority voting rights including the opportunity of minority voters to participate in the political process, and to elect the candidates of their choice, including but not limited to minority populations with the opportunity to elect the candidates of their choice without comprising a majority of the district; and

- districts shall not be drawn with an intent to favor or oppose any political party, any incumbent, or any previous or presumed candidate for office;

Subject to the requirements above and those of state and federal law, all redistricting plans would be drawn according to the following principles:

- to the extent practicable, the most and least populous senate and assembly districts shall not exceed the mean population of districts for each house by more than one percent;

- districts shall unite communities of interest;

- to the extent practicable, counties and county subdivisions shall not be divided in the formation of districts; and

- to the extent practicable, villages shall not be divided in the formation of districts.

After the public hearings, the Legislature would approve or disapprove the Commission's plans without amendments. If the proposal is rejected, the Commission would submit an amended proposal after hearing the reasons given by the Legislature regarding the first plan's rejection at a public hearing. The second plan would be voted upon by the Legislature again without amendments. If the second proposal is also rejected, the Commission would submit a third plan following further hearings. The third plan would be subject to amendments, except that such amendments must comply with the substantive criteria set forth above and could not affect more than two percent of the population of any district.

Section 5 provides the immediate effective date of this bill.

EXISTING LAW:

The existing redistricting process is committed to the Legislature with the assistance of LATFOR, as set forth in section 83-m and other provisions of the Legislative Law.

STATEMENT IN SUPPORT:

The current process for drawing district lines in New York State has been widely criticized as lacking independence from the Legislature, serving partisan interests, and protecting incumbent office-holders rather than the public interest. To restore public faith in our state government, meaningful reform of the redistricting process is necessary and such reform must create a new and permanent process whose hallmarks are independence, transparency, and fair representation.

BUDGET IMPLICATIONS:

This legislation is not expected to have a significant impact on the budget.

EFFECTIVE DATE:

This bill would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3419 2011-2012 Regular Sessions IN SENATE February 18, 2011 ___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the legislative law, in relation to redistricting of congressional, senate and assembly districts; and to repeal section 83-m of such law relating to the legislative task force on demographic research and reapportionment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Redis- tricting Reform Act of 2011." S 2. Subdivision 3 of section 5-a of the legislative law, as added by chapter 630 of the laws of 1998, the opening paragraph as amended by section 1 of part QQ of chapter 56 of the laws of 2010, is amended to read as follows: 3. Any member of the assembly serving in a special capacity in a posi- tion set forth in the following schedule shall be paid the allowance set forth in such schedule only for the legislative term commencing January first, two thousand eleven and terminating December thirty-first, two thousand twelve: ASSEMBLYMEN SERVING IN SPECIAL CAPACITY Chairman of legislative commission on public management systems ........................................................ 12,500 Chairman of legislative commission on science and technology ..................................................... 12,500 Co-chairman of the legislative commission on water resource needs of New York state and Long Island ......... no allowance [Co-chairman of the legislative task force on
demographic research and reapportionment ...................... 15,000]
Chairman of the assembly task force on farm, food and nutrition ............................................. 12,500 Ranking minority member of the assembly task force on farm, food and nutrition ..................................... 9,000 Chairman of the legislative commission on skills development and career education ............................... 12,500 Vice-Chairman of the legislative commission on the development of rural resources ................................. 12,500 S 3. Subdivision 5 of section 12 of the legislative law, as added by chapter 141 of the laws of 1994, is amended to read as follows: 5. Notwithstanding any provision of law to the contrary, services and expenses of the legislative health service, legislative library, legis- lative messenger service, legislative ethics committee, [joint oper- ations of the legislative task force on demographic research and reap- portionment] INDEPENDENT REDISTRICTING COMMISSION, and contributions to the national conference of state legislatures shall be payable after audit by and on the warrant of the comptroller upon vouchers certified by the temporary president of the senate or his or her designee and the speaker of the assembly or his or her designee. S 4. Section 83-m of the legislative law is REPEALED. S 5. The legislative law is amended by adding a new article 6-A to read as follows: ARTICLE 6-A REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS SECTION 93. LEGISLATIVE FINDINGS AND INTENT. 94. INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE. 95. POWERS AND DUTIES OF COMMITTEE. 96. INDEPENDENT REDISTRICTING COMMISSION. 97. POWERS AND DUTIES OF COMMISSION. 98. REDISTRICTING. 99. APPLICATION OF ARTICLE. S 93. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT: 1. THERE IS A NEED FOR INTENSIVE AND THOROUGH STUDY, RESEARCH AND INQUIRY INTO THE TECHNIQUES AND METHODOLOGY TO BE USED BY THE BUREAU OF THE CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE DECENNIAL FEDERAL CENSUS; 2. A TECHNICAL PLAN WILL BE NEEDED TO MEET THE REQUIREMENTS OF A LEGISLATIVE TIMETABLE FOR A REDISTRICTING OF THE SENATE AND ASSEMBLY DISTRICTS AND THE CONGRESSIONAL DISTRICTS OF THE STATE BASED ON SUCH CENSUS; 3. AN INDEPENDENT REDISTRICTING COMMISSION IS NECESSARY TO ASSIST THE LEGISLATURE IN THE PERFORMANCE OF ITS RESPONSIBILITIES AND IN THE CONDUCT OF LEGISLATIVE RESEARCH PROJECTS RELATING THERETO; AND 4. SUCH A COMMISSION IS NECESSARY TO PROTECT THE PUBLIC'S INTEREST IN FAIR AND PROPER ELECTIONS, INCLUDING BUT NOT LIMITED TO THE OPPORTU- NITIES FOR MINORITY VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT REPRESENTATIVES OF THEIR CHOICE. S 94. INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE. 1. ON OR BEFORE THE FIRST OF DECEMBER OF EACH YEAR ENDING WITH A NINE, EXCEPT THAT FOR THE DEVELOPMENT OF THE REDISTRICTING PLAN EFFECTIVE FOR TWO THOUSAND TWELVE, THIS DATE SHALL BE NO MORE THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THERE SHALL BE ESTABLISHED AN INDEPENDENT REDIS- TRICTING NOMINATIONS COMMITTEE TO SELECT THOSE PERSONS WHO SHALL BE
ELIGIBLE TO BE APPOINTED AS MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION CREATED IN SECTION NINETY-SIX OF THIS ARTICLE. EACH SUCH COMMITTEE SHALL REMAIN IN EXISTENCE UNTIL ITS DUTIES PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE HAVE BEEN COMPLETED. 2. THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL BE COMPOSED OF EIGHT MEMBERS, APPOINTED AS FOLLOWS: (A) ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (B) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (C) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; (D) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM- BLY; AND (E) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE REGISTERED MEMBERS OF THE POLITICAL PARTY WITH THE LARGEST NUMBER OF ENROLLED VOTERS IN NEW YORK STATE AND TWO OF WHOM SHALL BE REGISTERED MEMBERS OF THE POLITICAL PARTY WITH THE SECOND LARGEST NUMBER OF ENROLLED VOTERS IN NEW YORK STATE. 3. THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL DESIGNATE TWO CO-CHAIRS FROM AMONG ITS MEMBERS BY A SIMPLE MAJORITY VOTE OF ALL MEMBERS. 4. THE MEMBERS OF THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL BE REGISTERED VOTERS IN THIS STATE. NO MEMBER OF SUCH COMMITTEE SHALL: (A) HAVE BEEN WITHIN THE PREVIOUS FOUR YEARS A MEMBER OF THE LEGISLA- TURE OR THE UNITED STATES CONGRESS; (B) HOLD OR HAVE HELD WITHIN THE PREVIOUS FOUR YEARS ANY POLITICAL PARTY POSITION; (C) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS FOUR YEARS IN ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLA- TURE, OR THE EXECUTIVE CHAMBER; (D) BE OR HAVE BEEN WITHIN THE PREVIOUS FOUR YEARS A REGISTERED LOBBY- IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER; (E) BE THE SPOUSE OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, OR THE EXECUTIVE CHAMBER; (F) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, OR THE EXECUTIVE CHAMBER. 5. THE MEMBERS OF THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 6. THE MEMBERS OF THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL BE APPOINTED AND SERVE FOR THE DURATION OF SUCH COMMITTEE. ALL VACANCIES IN THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. S 95. POWERS AND DUTIES OF COMMITTEE. 1. THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL HAVE THE POWER AND DUTY TO, ON OR BEFORE THE FIRST OF MARCH IN EACH YEAR ENDING WITH A ZERO EXCEPT THAT FOR THE DEVELOPMENT OF THE REDISTRICTING PLAN EFFECTIVE FOR TWO THOUSAND TWELVE, THIS DATE SHALL BE NO MORE THAT SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, ESTABLISH A LIST OF FORTY PERSONS WHO SHALL BE ELIGIBLE TO BE APPOINTED AS MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION. SUCH LIST SHALL HEREINAFTER BE REFERRED TO IN THIS ARTICLE AS THE "NOMI- NATIONS POOL".
2. THE MEMBERS OF THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE SHALL BY MAJORITY VOTE SELECT EACH PERSON TO BE INCLUDED IN THE NOMI- NATIONS POOL. UPON COMPLETION OF SUCH POOL, SUCH COMMITTEE SHALL SUBMIT A COPY OF THE NOMINATIONS POOL TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY. 3. THE NOMINATIONS POOL SHALL INCLUDE: (A) FIFTEEN PERSONS WHO ARE ENROLLED AS DEMOCRATS; (B) FIFTEEN PERSONS WHO ARE ENROLLED AS REPUBLICANS; AND (C) TEN PERSONS WHO ARE NOT ENROLLED AS EITHER DEMOCRATS OR REPUBLI- CANS. 4. PERSONS SELECTED TO THE NOMINATIONS POOL SHALL BE REGISTERED VOTERS IN THIS STATE. NO SUCH PERSON SHALL: (A) HAVE BEEN WITHIN THE PREVIOUS FOUR YEARS A MEMBER OF THE LEGISLA- TURE; (B) HOLD OR HAVE HELD WITHIN THE PREVIOUS FOUR YEARS ANY POLITICAL PARTY POSITION; (C) BE A MEMBER OF THE INDEPENDENT REDISTRICTING NOMINATIONS COMMITTEE CREATED IN SECTION NINETY-FOUR OF THIS ARTICLE; (D) BE EMPLOYED OR HAVE BEEN EMPLOYED WITHIN THE PREVIOUS FOUR YEARS IN ANY OTHER POSITION BY THE UNITED STATES CONGRESS, THE STATE LEGISLA- TURE, OR THE EXECUTIVE CHAMBER; (E) BE OR HAVE BEEN WITHIN THE PREVIOUS FOUR YEARS A REGISTERED LOBBY- IST IN THIS STATE PURSUANT TO ARTICLE ONE-A OF THIS CHAPTER; (F) BE THE SPOUSE OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, OR THE EXECUTIVE CHAMBER; OR (G) BE RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER OF THE UNITED STATES CONGRESS, THE STATE LEGISLATURE, OR THE EXECUTIVE CHAMBER. 5. (A) THE NOMINATIONS POOL SHALL INCLUDE AT LEAST THREE PERSONS FROM EACH OF THE FOLLOWING REGIONS OF THE STATE, WITH THE REMAINDER TO BE NOMINATED FROM SUCH REGIONS IN PROPORTION TO THE DISTRIBUTION OF THE STATE'S POPULATION IN EACH REGION: (I) LONG ISLAND; (II) NEW YORK CITY; (III) HUDSON VALLEY; (IV) NORTHERN; (V) CENTRAL; (VI) SOUTHERN TIER; AND (VII) WESTERN. (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING REGIONS SHALL BE COMPOSED OF THE FOLLOWING COUNTIES: (I) LONG ISLAND: THE COUNTIES OF NASSAU AND SUFFOLK; (II) NEW YORK CITY: THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND; (III) HUDSON VALLEY: THE COUNTIES OF WESTCHESTER, ROCKLAND, PUTNAM, ORANGE, DUTCHESS, ULSTER, COLUMBIA, GREENE, RENSSELAER, ALBANY AND SCHE- NECTADY; (IV) NORTHERN: THE COUNTIES OF SARATOGA, WASHINGTON, WARREN, ESSEX, CLINTON, FRANKLIN, ST. LAWRENCE, HAMILTON, FULTON, HERKIMER, LEWIS AND JEFFERSON; (V) CENTRAL: THE COUNTIES OF SCHOHARIE, MONTGOMERY, OTSEGO, CHENANGO, MADISON, ONEIDA, OSWEGO, CORTLAND, ONONDAGA AND CAYUGA; (VI) SOUTHERN TIER: THE COUNTIES OF SULLIVAN, DELAWARE, BROOME, TIOGA, TOMPKINS, SCHUYLER, STEUBEN, ALLEGANY, CATTARAUGUS AND CHAUTAUQUA; AND
(VII) WESTERN: THE COUNTIES OF SENECA, YATES, ONTARIO, WAYNE, MONROE, LIVINGSTON, WYOMING, GENESEE, ORLEANS, NIAGARA AND ERIE. 6. TO THE EXTENT PRACTICABLE, THE INDEPENDENT REDISTRICTING NOMI- NATIONS COMMITTEE SHALL ENSURE THAT THE NOMINATIONS POOL REFLECTS THE DIVERSITY OF THE RESIDENTS OF THE STATE WITH REGARD TO RACE, ETHNICITY AND GENDER AND SHALL CONSULT WITH ORGANIZATIONS DEVOTED TO PROTECTING THE VOTING RIGHTS OF MINORITY AND OTHER VOTERS CONCERNING POTENTIAL MEMBERS OF THE NOMINATIONS POOL. S 96. INDEPENDENT REDISTRICTING COMMISSION. 1. THERE SHALL BE CREATED AN INDEPENDENT REDISTRICTING COMMISSION TO ASSIST THE LEGISLATURE IN THE REDISTRICTING OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDERAL CENSUS, PURSUANT TO SECTION TWO OF ARTICLE ONE OF THE UNITED STATES CONSTITUTION AND SECTIONS FOUR AND FIVE OF ARTICLE THREE OF THE STATE CONSTITUTION. 2. THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE COMPOSED OF ELEV- EN MEMBERS, APPOINTED FROM THE NOMINATIONS POOL NO LATER THAN FOURTEEN CALENDAR DAYS AFTER THE NOMINATION POOL HAS BEEN SELECTED, AS FOLLOWS: (A) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (B) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (C) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; (D) TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY; AND (E) THREE MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS OF THE APPOINTMENT OF THE LAST OF THE EIGHT LEGISLATIVE APPOINTEES, AND SHALL BE APPOINTED BY THE EIGHT MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION BY A VOTE OF NOT LESS THAN SIX MEMBERS IN FAVOR OF EACH SUCH APPOINTMENT. EACH VACANCY IN ANY POSITION FILLED PURSUANT TO THIS PARAGRAPH SHALL BE DEEMED TO CREATE VACANCIES IN ALL THREE POSITIONS HELD BY THE MEMBERS SO APPOINTED; PROVIDED THAT ANY SUCH MEMBER MAY BE REAPPOINTED PURSUANT TO THIS PARAGRAPH. IN THE EVENT THAT THREE MEMBERS ARE NOT APPOINTED ON OR BEFORE THE THIRTIETH DAY AFTER A VACANCY IN ANY SUCH POSITION OCCURS, THE FOLLOWING SELECTION PROCESS SHALL GOVERN THE FILLING OF THOSE VACANCIES: (I) IF TWO PERSONS ARE APPOINTED WITH THE REQUIRED SIX VOTES AND NO OTHER PERSON RECEIVES SIX VOTES, THE THIRD SUCH MEMBER SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS WITHIN THIRTY DAYS THEREAFTER; (II) IF ONE PERSON IS APPOINTED WITH THE REQUIRED SIX VOTES AND NO TWO OTHER PERSONS RECEIVE SIX VOTES, THE TWO PERSONS RECEIVING THE MOST VOTES SHALL BE APPOINTED AS MEMBERS; AND (III) IF NO THREE PERSONS RECEIVE SIX VOTES, THE TWO PERSONS RECEIVING THE MOST VOTES SHALL BE APPOINTED AS MEMBERS AND THE THIRD MEMBER SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS. (F) THE CHAIR SHALL BE DESIGNATED, FROM AMONG THE THREE MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, BY A SIMPLE MAJORITY VOTE OF ALL MEMBERS OF THE COMMISSION; PROVIDED THAT IF THE COMMISSION FAILS TO DESIGNATE A CHAIR, THE CHAIR SHALL BE DESIGNATED BY THE CHIEF JUDGE OF THE COURT OF APPEALS. 3. (A) NO MORE THAN FOUR MEMBERS OF THE EIGHT MEMBERS APPOINTED PURSU- ANT TO PARAGRAPHS (A) THROUGH (D) OF SUBDIVISION TWO OF THIS SECTION SHALL BE ENROLLED IN THE SAME POLITICAL PARTY. (B) TO THE EXTENT PRACTICABLE, THE MEMBERS OF THE INDEPENDENT REDIS- TRICTING COMMISSION SHALL REFLECT THE DIVERSITY OF THE RESIDENTS OF THIS STATE WITH REGARD TO RACE, ETHNICITY, GENDER AND GEOGRAPHIC RESIDENCE
AND THE APPOINTING AUTHORITIES SHALL CONSULT WITH ORGANIZATIONS DEVOTED TO PROTECTING THE VOTING RIGHTS OF MINORITY AND OTHER VOTERS CONCERNING POTENTIAL APPOINTEES TO THE COMMISSION. 4. THE TERMS OF THE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMIS- SION SHALL EXPIRE UPON THE FILING OF ALL REDISTRICTING PLANS, PURSUANT TO SUBDIVISION FOUR, FIVE AND/OR SIX OF SECTION NINETY-EIGHT OF THIS ARTICLE, THE EXHAUSTION OF ANY JUDICIAL REVIEW OF A REDISTRICTING PLAN AND APPORTIONMENT STATUTE, AND THE IMPLEMENTATION OF A REDISTRICTING STATUTE. VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED WITHIN THIRTY DAYS IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. 5. THE EMPLOYEES OF THE FORMER LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-M OF THE LEGISLATIVE LAW SHALL BE TRANSFERRED TO THE INDE- PENDENT REDISTRICTING COMMISSION AS EMPLOYEES OF THE STATE OF NEW YORK, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. SUCH TRANSFER SHALL NOT IN ANY WAY AFFECT THE CIVIL SERVICE OR PROFESSIONAL STATUS, CONTINUITY OF SERVICE, RETIREMENT PLAN STATUS, COLLECTIVE NEGOTIATING REPRESENTATION, RIGHT TO COMPENSATION, GRADE OR COMPENSATION OR OTHER RIGHTS AND PRIVILEGES OF ANY EMPLOYEE SO TRANSFERRED. FOR PURPOSES OF SECTIONS SEVENTY-THREE, SEVENTY-THREE-A AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW AND SECTION NINETY-FOUR OF THE EXECUTIVE LAW, THE INDEPEND- ENT REDISTRICTING COMMISSION IS A STATE AGENCY, ITS MEMBER AND EMPLOYEES OF WHICH ARE SUBJECT TO THE PROVISIONS THEREOF. 6. THE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE. 7. A MINIMUM OF EIGHT MEMBERS OF THE INDEPENDENT REDISTRICTING COMMIS- SION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY POWER OF SUCH COMMISSION, PROVIDED THAT NO EXERCISE OF ANY POWER OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL OCCUR WITHOUT THE AFFIRMATIVE VOTE OF SEVEN MEMBERS THEREOF. S 97. POWERS AND DUTIES OF COMMISSION. THE INDEPENDENT REDISTRICTING COMMISSION SHALL HAVE THE POWER AND DUTY TO: 1. EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM NECES- SARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR; 2. MEET WITHIN THE STATE, HOLD PUBLIC HEARINGS AND HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THIS CHAPTER; 3. REQUEST, RECEIVE AND UTILIZE SUCH FACILITIES, RESOURCES AND DATA (INCLUDING, BUT NOT LIMITED TO, HISTORICAL VOTING INFORMATION AND PATTERNS) OF ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF AS IT MAY REASONABLY REQUEST TO PROPERLY CARRY OUT ITS POWERS AND DUTIES PURSUANT TO THIS ARTICLE; 4. ACQUIRE AND UTILIZE ALL MATERIALS AND EQUIPMENT NECESSARY TO ESTAB- LISH REDISTRICTING PLANS PURSUANT TO SECTION NINETY-EIGHT OF THIS ARTI- CLE; 5. PREPARE THE NECESSARY DESCRIPTIONS FOR THE GEOGRAPHIC UNITS OF THE STATE FOR USE BY THE FEDERAL CENSUS BUREAU IN REPORTING DECENNIAL FEDER- AL CENSUS DATA; 6. ENGAGE IN SUCH RESEARCH STUDIES AND OTHER ACTIVITIES AS NECESSARY OR APPROPRIATE IN THE PREPARATION AND FORMULATION OF A REDISTRICTING PLAN FOR THE NEXT ENSUING REDISTRICTING OF SENATE AND ASSEMBLY DISTRICTS AND CONGRESSIONAL DISTRICTS OF THE STATE AND IN THE UTILIZATION OF
CENSUS AND OTHER DEMOGRAPHIC AND STATISTICAL DATA FOR POLICY ANALYSIS, PROGRAM DEVELOPMENT AND PROGRAM EVALUATION PURPOSES FOR THE LEGISLATURE; 7. SELL SURVEYS, DATA, COPIES OF TABULATIONS AND OTHER SPECIAL STATIS- TICAL COMPILATIONS AND MATERIALS TO DEPARTMENTS, AGENCIES AND OTHER ENTITIES OF FEDERAL, STATE OR LOCAL GOVERNMENT, OF FOREIGN COUNTRIES, AND TO PUBLIC BENEFIT CORPORATIONS, OR OTHER PUBLIC, NOT-FOR-PROFIT AND PRIVATE PERSONS AND AGENCIES, UPON PAYMENT OF FEES AT LEAST SUFFICIENT TO PAY THE ACTUAL OR ESTIMATED COST OF SUCH PROJECTS. IN FURTHERANCE OF SUCH SALE, THE INDEPENDENT REDISTRICTING COMMISSION MAY EXECUTE CONTRACTS FOR SUCH PURPOSE; 8. PREPARE MAPS OF CITIES, TOWNS AND COUNTIES OF THE STATE FOR DESCRIBING CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS, AND PREPARE REDISTRICTING PLANS AND LEGISLATION; AND 9. MAKE AVAILABLE TO THE PUBLIC IN PRINT FORM AND IN ELECTRONIC FORM ON THE INTERNET, USING THE BEST AVAILABLE TECHNOLOGY, ALL REDISTRICTING PLANS, RELEVANT DATA AND MAPMAKING SOFTWARE USED TO PREPARE SUCH PLANS, INFORMATION ON THE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION AND ALL OTHER RELEVANT INFORMATION DERIVED FROM THE OPERATION OF THIS ARTICLE. S 98. REDISTRICTING. 1. THE INDEPENDENT REDISTRICTING COMMISSION, SHALL UPON RECEIPT OF THE FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN TO ESTABLISH A PLAN FOR THE REDISTRICTING OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS IN THE STATE. 2. SUBJECT TO THE REQUIREMENTS OF STATE AND FEDERAL LAW, THE FOLLOWING REQUIREMENTS AND PRINCIPLES SHALL BE APPLIED IN ESTABLISHING A PLAN FOR SUCH DISTRICTS: (A) ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICABLE. (B) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER DISTRICT OF THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER, POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT. (C) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB- LISHED THAT ARE INTENDED TO OR RESULT IN A DENIAL OR ABRIDGEMENT OF MINORITY VOTING RIGHTS INCLUDING THE OPPORTUNITY OF MINORITY VOTERS TO PARTICIPATE IN THE POLITICAL PROCESS, AND TO ELECT THE CANDIDATES OF THEIR CHOICE, INCLUDING BUT NOT LIMITED TO MINORITY POPULATIONS WITH THE OPPORTUNITY TO ELECT THE CANDIDATES OF THEIR CHOICE WITHOUT COMPRISING A MAJORITY OF THE DISTRICT. (D) SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE DRAWN WITH AN INTENT TO FAVOR OR OPPOSE ANY POLITICAL PARTY, ANY INCUMBENT FEDERAL OR STATE LEGISLATOR, OR ANY PREVIOUS OR PRESUMED CANDIDATE FOR OFFICE IN THE REDISTRICTING PLAN DEVELOPED BY THE COMMISSION. (E) SUBJECT TO THE REQUIREMENTS OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION AND THE REQUIREMENTS OF STATE AND FEDERAL LAW, THE FOLLOWING PRINCIPLES SHALL BE FOLLOWED IN THE CREATION OF SENATE, ASSEM- BLY, AND CONGRESSIONAL DISTRICTS. A PRINCIPLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE OVER A PRINCIPLE WITH A HIGHER NUMBER. (I) TO THE EXTENT PRACTICABLE, THE MOST AND LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED OR BE LOWER THAN THE MEAN POPULATION OF ALL SENATE DISTRICTS BY MORE THAN ONE PERCENT, AND THE MOST AND LEAST POPU- LOUS ASSEMBLY DISTRICTS SHALL NOT EXCEED OR BE LOWER THAN THE MEAN POPU- LATION OF ALL ASSEMBLY DISTRICTS BY MORE THAN ONE PERCENT. IN NO EVENT SHALL THE COMMISSION ADVANTAGE ANY REGION OF THE STATE OVER ANY OTHER BY
CREATING MULTIPLE DISTRICTS THEREIN EXCEEDING, OR LOWER THAN, THE MEAN POPULATION BY MORE THAN ONE PERCENT EXCEPT AS MAY BE MANDATED BY THE NEW YORK CONSTITUTION OR FEDERAL LAW. (II) TO THE EXTENT POSSIBLE, A SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICT SHALL UNITE COMMUNITIES DEFINED BY ACTUAL SHARED INTERESTS, TAKING ACCOUNT OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTEREST, AND DISTRICTS SHALL BE FORMED SO AS TO PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS. (III) TO THE EXTENT PRACTICABLE, COUNTIES SHALL NOT BE DIVIDED IN THE FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN- TY. TO THE EXTENT PRACTICABLE, IF ANY ASSEMBLY DISTRICT OR ANY SENATE DISTRICT INCLUDES THE TERRITORY OF TWO COUNTIES, THEN NO OTHER ASSEMBLY DISTRICT OR SENATE DISTRICT SHALL INCLUDE TERRITORY OF BOTH OF THE SAME TWO COUNTIES. (IV) TO THE EXTENT PRACTICABLE, COUNTY SUBDIVISIONS SHALL NOT BE DIVIDED IN THE FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUNTY SUBDIVISION. FOR THE PURPOSES OF THIS ARTICLE, A COUNTY SUBDIVISION SHALL BE A CITY, EXCEPT THE CITY OF NEW YORK, A TOWN, OR AN INDIAN RESERVATION WHOSE TERRITORY IS EXCLUSIVE OF THE TERRITORY OF ANY CITY OR TOWN. COUNTY SUBDIVISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN PREFERENCE TO THE DIVISION OF THOSE WITH SMALLER POPULATIONS. (V) TO THE EXTENT PRACTICABLE, INCORPORATED VILLAGES SHALL NOT BE DIVIDED IN THE FORMATION OF DISTRICTS. 3. (A) DURING THE PREPARATION OF THE REDISTRICTING PLAN, THE INDEPEND- ENT REDISTRICTING COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON PROPOSALS FOR THE REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS IN EACH OF THE FOLLOWING (I) CITIES: ALBANY, BUFFALO, SYRACUSE, ROCHESTER, AND WHITE PLAINS; AND (II) COUNTIES: BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND. PUBLIC NOTICE OF ALL SUCH HEARINGS SHALL BE WIDELY PUBLISHED IN AVAILABLE MEDIA INCLUDING THE INTERNET BY THE INDEPENDENT REDISTRICTING COMMISSION IN ADVANCE IN ANY EVENT, NO LESS THAN THIRTY DAYS BEFORE EVERY HEARING THROUGH ALL AVAIL- ABLE MEANS. TO THE EXTENT PRACTICABLE, ALL SUCH HEARINGS AND THE PROCEEDINGS OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE TELE- VISED OR WEBCAST. THE INDEPENDENT REDISTRICTING COMMISSION SHALL REPORT THE FINDINGS OF ALL SUCH HEARINGS TO THE LEGISLATURE UPON SUBMISSION OF THE REDISTRICTING PLAN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION. (B) AT LEAST THIRTY DAYS PRIOR TO THE FIRST PUBLIC HEARING AND IN ANY EVENT NO LATER THAN MARCH FIFTEENTH OF THE YEAR ENDING WITH A ONE, EXCEPT THAT FOR THE DEVELOPMENT OF THE REDISTRICTING PLANS EFFECTIVE FOR TWO THOUSAND TWELVE THIS DATE SHALL BE NO LATER THAN SEPTEMBER FIFTEENTH, TWO THOUSAND ELEVEN, THE INDEPENDENT REDISTRICTING COMMISSION SHALL POST ON ITS WEBSITE (I) ITS DRAFT REDISTRICTING PLANS; (II) ALL DATA AND OTHER INFORMATION IN SUCH FORM AS TO ALLOW AND FACILITATE THE USE OF SUCH DATA AND INFORMATION BY THE PUBLIC TO REVIEW, ANALYZE, AND COMMENT UPON SUCH PLANS, AND TO DEVELOP ALTERNATIVE REDISTRICTING PLANS OR SPECIFIC CHANGES TO THE COMMISSION'S PLANS FOR PRESENTATION TO THE COMMISSION AT THE PUBLIC HEARING; AND (III) A STANDARDIZED SCORECARD INDICATING COMPLIANCE WITH EACH OF THE REQUIREMENTS, AND SETTING FORTH EACH REDISTRICTING PLAN'S SCORE ON EACH OF THE PRINCIPLES, SET FORTH IN SUBDIVISION TWO OF THIS SECTION, INCLUDING THE PLAN'S PROTECTION OF MINORITY VOTERS' RIGHTS TO PARTICIPATE IN THE POLITICAL PROCESS AND TO ELECT CANDIDATES OF THEIR CHOICE AND ANY FURTHER DISCUSSION NECESSARY TO EXPLAIN THE PLAN'S FEATURES AND COMPLIANCE WITH THESE REQUIREMENTS AND PRINCIPLES.
4. (A) ON OR BEFORE THE FIFTEENTH OF MAY IN EACH YEAR ENDING WITH A ONE OR WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL DECENNIAL CENSUS FOR THE STATE, WHICHEVER IS LATER, THE INDEPENDENT REDISTRICTING COMMISSION SHALL SUBMIT TO THE LEGISLATURE AND DISSEMINATE TO THE PUBLIC A REDIS- TRICTING PLAN FOR ALL CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS, ALONG WITH THE LEGISLATION NECESSARY TO IMPLEMENT SUCH PLAN EXCEPT THAT FOR THE REDISTRICTING PLANS EFFECTIVE FOR TWO THOUSAND TWELVE SUCH PLAN SHALL BE SUBMITTED AND DISSEMINATED NO LATER THAN OCTOBER FIFTEENTH, TWO THOUSAND ELEVEN. UPON RECEIPT OF SUCH PLAN, THE IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. (B) THE LEGISLATION INTRODUCED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES OF THE LEGISLATURE WITHIN SEVEN DAYS AFTER THE INDEPENDENT REDISTRICTING COMMISSION REPORTS THE FINDINGS OF ITS PUBLIC HEARING TO THE LEGISLA- TURE. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS. 5. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WITHIN TWENTY-ONE DAYS OF ITS SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN FIFTEEN DAYS OF SUCH VETO, THE INDEPENDENT REDISTRICTING COMMISSION SHALL HOLD AN OPEN HEAR- ING WITHIN FIFTEEN DAYS OF SAID FAILURE TO PASS THE LEGISLATION AS IN PARAGRAPH (A) OF THIS SUBDIVISION OR FAILURE TO OVERRIDE THE GOVERNOR'S VETO AS IN PARAGRAPH (B) OF THIS SUBDIVISION AT WHICH THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, OR EACH OF THEIR DESIGNEES SHALL TESTIFY AS TO THE REASONS THAT THE LEGISLATION DID NOT BECOME LAW AND ANY OBJECTIONS SUCH LEGISLATIVE LEADERS MAY HAVE TO SUCH LEGISLATION, AND MEMBERS OF THE PUBLIC WILL ALSO BE INVITED TO TESTIFY. WITHIN FIFTEEN DAYS OF SUCH HEARING, THE INDEPENDENT REDISTRICTING COMMISSION SHALL ESTABLISH AND SUBMIT TO THE LEGISLATURE A SECOND REDISTRICTING PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN. UPON RECEIPT OF SUCH SECOND PLAN, THE IMPLEMENTING LEGISLATION THEREFOR SHALL BE INTRODUCED IN BOTH HOUSES OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. SUCH LEGISLATION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRO- DUCTION. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS. 6. IF (A) EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION WITHIN TWENTY-ONE DAYS OF ITS SUBMISSION, OR (B) THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE FAILS TO OVERRIDE SUCH VETO THE INDEPENDENT REDISTRICTING COMMISSION SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN DAYS OF SAID FAIL- URE TO PASS THE LEGISLATION AS IN PARAGRAPH (A) OF THIS SUBDIVISION OR FAILURE TO OVERRIDE THE GOVERNOR'S VETO AS IN PARAGRAPH (B) OF THIS SUBDIVISION AT WHICH THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, OR EACH OF THEIR DESIGNEES SHALL TESTIFY AS TO THE REASONS THAT THE LEGISLATION DID NOT BECOME LAW ANY OBJECTIONS SUCH LEGISLATIVE LEADERS MAY HAVE TO SUCH LEGISLATION, AND MEMBERS OF THE PUBLIC WILL ALSO BE INVITED TO TESTIFY. WITHIN FIFTEEN DAYS OF SUCH HEARING, THE INDEPENDENT REDISTRICTING COMMISSION SHALL ESTABLISH AND SUBMIT TO THE LEGISLATURE A THIRD REDIS- TRICTING PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN. UPON RECEIPT OF SUCH THIRD PLAN, THE IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS THE LEGISLATURE SHALL DEEM NECESSARY SHALL BE INTRODUCED IN
BOTH HOUSES OF THE LEGISLATURE WITHIN FIVE DAYS. ALL SUCH AMENDMENTS SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION AND SHALL NOT AFFECT MORE THAN TWO PERCENT OF THE POPULATION OF ANY DISTRICT. SUCH LEGISLATION SHALL BE VOTED UPON BY BOTH SUCH HOUSES WITHIN TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRO- DUCTION. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR WITHIN FIVE DAYS. S 99. APPLICATION OF ARTICLE. 1. THE PROCESS FOR REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS ARTI- CLE SHALL BE THE EXCLUSIVE MEANS BY WHICH SUCH REDISTRICTING SHALL BE COMPLETED IN THIS STATE EXCEPT TO THE EXTENT THAT A COURT IS REQUIRED TO ORDER THE ADOPTION OF, OR CHANGES TO, A REDISTRICTING PLAN AS A REMEDY FOR A VIOLATION OF LAW. EVERY REDISTRICTING OF CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS PERFORMED IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID. IN ANY PROCEEDING RELATING TO REDISTRICTING OF CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS, THE COURT SHALL IMPLEMENT THE PLAN THAT MOST FAITHFULLY SERVES THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION NINETY-EIGHT OF THIS ARTICLE. 2. A REDISTRICTING STATUTE SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL A SUBSEQUENT REDISTRICTING STATUTE, BASED UPON THE SUCCEEDING DECENNIAL FEDERAL CENSUS, TAKES EFFECT, UNLESS MODIFIED PURSUANT TO COURT ORDER. S 6. Terms occurring in laws, contracts and other documents. Except as otherwise provided in this act, whenever the legislative task force on demographic research and reapportionment is referred to or designated in any law, contract, or other document, such reference or designation shall be deemed to refer to the independent redistricting commission created by this act. S 7. This act shall take effect immediately.

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