Bill S6736-2011

Enacts the Redistricting Reform Act of 2012

Enacts the Redistricting Reform Act of 2012; 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.

Details

Actions

  • Mar 15, 2012: APPROVAL MEMO.2
  • Mar 15, 2012: SIGNED CHAP.17
  • Mar 15, 2012: DELIVERED TO GOVERNOR
  • Mar 15, 2012: returned to senate
  • Mar 15, 2012: passed assembly
  • Mar 15, 2012: message of necessity - 3 day message
  • Mar 15, 2012: ordered to third reading rules cal.19
  • Mar 15, 2012: substituted for a9557
  • Mar 15, 2012: referred to governmental operations
  • Mar 15, 2012: REFERRED TO RULES
  • Mar 14, 2012: DELIVERED TO ASSEMBLY
  • Mar 14, 2012: PASSED SENATE
  • Mar 14, 2012: MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • Mar 14, 2012: ORDERED TO THIRD READING CAL.369

Meetings

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Memo

BILL NUMBER:S6736

TITLE OF BILL:

An act to amend the legislative law, in relation to redistricting of congressional, senate and assembly districts

PURPOSE:

This legislation, entitled the "Redistricting Reform Act of 2012," would amend the legislative law to reform comprehensively and permanently the process and substantive criteria used to establish new state legislative and congressional district lines every ten years. Among other reforms, the legislation would create an independent redistricting commission reflecting both the diversity of the state and the participation of minority party conference appointees and appointees who are not members of either major political party to draw the legislative and congressional district lines; require that new district lines be drawn in such manner as to protect minority voting rights and communities of interest, prohibit partisan gerrymandering, and affirmatively and transparently explain any deviations from average or ideal population sizes of each district; require extensive public hearings around the state and the commission's release of all relevant data and draft plans to facilitate public review and public drafting of proposed district lines; and establish voting rules in both the commission and in each house of the legislature to ensure that minority party conferences participate in and approve of new lines.

SUMMARY OF PROVISIONS:

Section 1 provides the title of the Act, the "Redistricting Reform Act of 2012."

Section 2 amends the legislative law by adding a new article 6-A 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 provisions in the same article, shall submit to the legislature its proposed district plans and the legislature shall vote upon those plans without amendment. If the legislature fails to pass such commission plans, the commission shall revise and submit new district plans to the legislature again for approval without amendment. If the legislature fails to pass such plans, it may then amend such plans and vote upon them as amended. However, any such amendments shall be limited pursuant to section 3 of the statute to affect no more than two percent of the population of any district in such plan.

Section 2 further establishes 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. In particular, if the speaker of the assembly and the temporary president of the senate are members of two different political parties, approval of a commission's redistricting plan shall require a vote in support of such approval by at least a majority of the members of each house. If the speaker of the assembly and the temporary president of the senate are members of the same political party, then approval of a commission's redistricting plan shall require a vote in support of such approval by at least two-thirds of the members of each house.

Section 2 further establishes substantive principles to govern the drafting and approval of any district plans. Among other principles that must be followed in drawing such district lines, this section would require the commission to consider whether such lines would result in the denial or abridgment of racial or language minority voting rights, would further require that no districts shall be drawn to have the purpose of, or result in, such denial or abridgement, and districts shall 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; districts shall not be drawn to discourage competition or for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties; the commission shall consider the maintenance of cores of existing districts, of pre-existing political subdivisions, and of communities of interest; districts shall 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 districts shall be contiguous and as compact in form as practicable.

Section 2 further requires the commission to hold extensive public hearings across the state in specified cities and counties, and to make widely available via the best available technology not only its draft redistricting plans, but also all relevant data in a form that facilitates public review and use to develop alternative redistricting plans for submission to the commission.

Section 2 further provides that the process established in sections 4, 5, and 5-b of the constitution shall govern redistricting in this state except to the extent that a court is required to order changes to a district plan as a remedy for a violation of law.

Section 2 further adds a judicial review provision 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.

Section 2 further establishes the nature and structure of the independent redistricting commission. Specifically, the commission shall 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 at least one appointee made by either of the Assembly or Senate minority leaders must approve those two members. Neither of those two members shall have been enrolled members of either of the two major political parties in New York State in the last five years. The section further requires that the commission reflects "the diversity of the residents of this state with regard to race, ethnicity, gender, language, and geographic residence" and 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 shall not have been in the last three years (a) members of the state legislature or congress or 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.

Section 2 further requires that to approve a redistricting plan, the independent redistricting commission must obtain the vote of at least seven of its ten members in support of the plan. If the speaker of the assembly and the temporary president of the senate are members of two different political parties, then the seven or more members who approve a plan must include at least one member appointed by the speaker of the assembly and one member appointed by the temporary president of the senate. If the speaker of the assembly and the temporary president of the senate are members of the same political party, then the seven or more members who approve a plan must include one member appointed by each of the four legislative leaders.

In the event that the commission is unable to obtain seven votes to approve a redistricting plan, the commission shall 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 legislature shall vote upon such plan or plans as follows: if the speaker of the assembly and the temporary president of the senate are members of different political parties, then approval of a plan shall require a vote in support of such approval by at least sixty percent of the members elected to each house; if the speaker of the assembly and the temporary president of the senate are members of the same political party, then approval of a plan shall require a vote in support of such approval by at least two thirds of the members elected to each house.

The independent redistricting commission shall appoint two co-executive directors of the commission by approval of a majority of the members of the commission. If the speaker of the assembly and the temporary president of the senate are members of two different political

parties, such a majority shall include at least one member appointed by the speaker of the assembly and one member appointed by the temporary president of the senate. If the speaker of the assembly and the temporary president of the senate are members of the same political party, then such a majority shall include at least one member appointed by each of the four legislative leaders.

In the event that the commission is unable to approve one or both of the co-executive directors within 45 days of establishing a quorum of seven commissioners, then, if the speaker of the assembly and the temporary president of the senate are members of two different political parties, then the speaker's appointees shall appoint one co-executive director, the temporary president's appointees shall appoint one co-executive director, the assembly minority leader shall appoint one co-deputy executive director, and the senate minority leader shall appoint one co-deputy executive director. If the speaker of the assembly and the temporary president of the senate are members of the same political party, then the speaker's and temporary president's appointees shall together select one co-executive director and the minority leaders' appointees shall together select one co-executive director. The co-executive directors shall appoint the commission's staff.

Section 3 provides, in principal part, that any amendments by the senate or assembly to a redistricting plan submitted by the independent redistricting commission shall not affect more than two percent of the population of any district contained in such plan.

Section 4 provides for specified timeframes within which the different stages in the redistricting process must be completed.

Sections 5 and 6 provide the effective dates of the provisions of the bill.

EXISTING LAW:

The existing provisions governing redistricting are contained in article three of the constitution and section 83-m of the legislative law.

STATEMENT IN SUPPORT:

This legislation will permanently reform New York's redistricting process with unprecedented independence and transparency, and substantive criteria that for the first time prohibit partisan gerrymandering and protect both minority voting rights and communities of interest.

This legislation would create a new independent redistricting commission to draw the district lines, consisting of ten members: two appointees by each of the four legislative leaders and then two

appointees selected by the majority of those eight members. Neither of the latter two members can have been enrolled members of either of the two major political parties in New York State in the last five years. Moreover, at least one appointee by either the assembly or senate minority leader must approve those two members. Accordingly, the commission's composition will ensure unprecedented and substantial roles in drawing the district lines for both the minority party conferences and for citizens who are not major party members.

The legislation further requires that the commission reflects "the diversity of the residents of this state with regard to race, ethnicity, gender, language, and geographic residence" and 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 shall not have been in the last three years (a) members of the state legislature or congress or 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. Together, these requirements will ensure that the commission's members are both independent, representative of the State's diverse communities, and sensitive to the critical importance to voters of fair and proper district lines.

To approve a districting plan, the independent redistricting commission must obtain the support of at least seven of its ten members for such a plan. This voting rule ensures that at least three members of the commission who were not appointed by the majority conferences in either house must approve a plan before it is sent to the legislature for a vote.

To ensure greater transparency and public involvement, the commission must hold numerous public hearings throughout the State and, prior to its first hearing, must make publicly available using the best available technology not only its draft plans but also all relevant data to facilitate public review and analysis of those plans, and the development of alternative plans.

The commission's redistricting plans will be drawn according to principles that provide unprecedented restrictions on partisan gerrymandering, and protections for the voting rights of racial and language minorities, and for existing communities of interest. For the first time in New York State, both the commission that draws the district lines and the legislature will be expressly prohibited from creating districts for the purpose of favoring or disfavoring a particular candidate or incumbent or political party. This bill does not repeal the provisions of law governing the legislative task force on demographic research and reapportionment or otherwise in any way change the requirements of law regarding the counting of prisoners for purposes of redistricting.

After the commission's public hearings, the Legislature will receive and approve or disapprove the commission's plans without amendments. If the commission's first plan is rejected, the commission must submit an amended plan, which must be voted upon by the legislature again without amendments. If the commission's second plan is also rejected upon such vote, each house may then amend that plan prior to approval except that such amendments must comply with the substantive principles set forth above and, pursuant to a statute being approved separately in conjunction with this resolution, cannot affect more than two percent of the population of any district in the commission's plan. This structure will provide reasonable restrictions on the legislature's changes to the commission's plans.

If the courts are called upon to review the district lines, this legislation requires that the court find such lines to be invalid in whole or in part if they are not in compliance with the procedural or substantive provisions of this article.

BUDGET IMPLICATIONS:

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

EFFECTIVE DATE:

With the exception of sections 3 and 4 of this legislation discussed below, this bill shall take effect if and only if the constitutional amendment entitled "Concurrent Resolution of the Senate and Assembly proposing an amendment to article 3 of the constitution, in relation to the establishment of the independent redistricting commission" (hereinafter "the amendment") is not passed a second time by each house by January 30, 2013 for consideration by the voters of the State as set forth below. Specifically, the house that first passed the amendment in 2012 shall vote upon the amendment first in the next session of the legislature and in any event shall do so no later than January 15, 2013. The house that approved the amendment second in 2012 shall also vote upon the amendment second in the next session and in any event no later than January 30, 2013.

If the amendment is passed by both houses, then it shall be considered for approval by the voters and this act shall not take effect except that sections three and four of this act shall then take effect upon the people approving and ratifying such amendment by a majority of the electors voting thereon. If either house fails to pass the amendment for the second time prior to the deadline, then this act shall take effect immediately in its entirety and the governor shall replace the legislative leaders as the appointing authority for the commission for either or both houses that failed to approve the amendment.


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STATE OF NEW YORK ________________________________________________________________________ S. 6736 A. 9557 S E N A T E - A S S E M B L Y March 15, 2012 ___________
IN SENATE -- Introduced by Sens. SKELOS, NOZZOLIO -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. SILVER, ENGLEBRIGHT, WEINSTEIN, McENENY, GALEF -- (at request of the Governor) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the legislative law, in relation to redistricting of congressional, senate and assembly districts 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 2012." S 2. 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. REDISTRICTING. 94. INDEPENDENT REDISTRICTING COMMISSION. S 93. REDISTRICTING. 1. THE INDEPENDENT REDISTRICTING COMMISSION ESTABLISHED PURSUANT TO SECTION NINETY-FOUR OF THIS ARTICLE SHALL PREPARE A REDISTRICTING PLAN TO ESTABLISH SENATE, ASSEMBLY, AND CONGRES- SIONAL DISTRICTS EVERY TEN YEARS COMMENCING IN TWO THOUSAND TWENTY-ONE, AND SHALL SUBMIT TO THE LEGISLATURE SUCH PLAN AND THE IMPLEMENTING LEGISLATION THEREFOR ON OR BEFORE JANUARY FIRST OR AS SOON AS PRACTICA- BLE THEREAFTER BUT NO LATER THAN JANUARY FIFTEENTH IN THE YEAR ENDING IN TWO BEGINNING IN TWO THOUSAND TWENTY-TWO. THE REDISTRICTING PLANS FOR THE ASSEMBLY AND THE SENATE SHALL BE CONTAINED IN AND VOTED UPON BY THE LEGISLATURE IN A SINGLE BILL, AND THE CONGRESSIONAL DISTRICT PLAN MAY BE INCLUDED IN THE SAME BILL IF THE LEGISLATURE CHOOSES TO DO SO. THE IMPLEMENTING LEGISLATION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY THE SENATE OR THE ASSEMBLY WITHIN TEN DAYS OF THE PLAN'S SUBMISSION OR WITH- IN TEN DAYS AFTER JANUARY FIRST IN A YEAR ENDING IN TWO, WHICHEVER IS
LATER. IF APPROVED BY THE FIRST HOUSE VOTING UPON IT, SUCH LEGISLATION SHALL BE DELIVERED TO THE OTHER HOUSE IMMEDIATELY TO BE VOTED UPON, WITHOUT AMENDMENT, WITHIN FIVE DAYS FROM DELIVERY. IF APPROVED BY BOTH HOUSES, SUCH LEGISLATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION WITHIN THREE DAYS. IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE FIRST REDISTRICTING PLAN, OR THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN TEN DAYS OF SUCH VETO, EACH HOUSE OR THE GOVERNOR IF HE OR SHE VETOES IT, SHALL NOTIFY THE COMMISSION THAT SUCH LEGISLATION HAS BEEN DISAPPROVED WITHIN THREE DAYS OF SUCH DISAPPROVAL. WITHIN FIFTEEN DAYS OF SUCH NOTIFICA- TION AND IN NO CASE LATER THAN FEBRUARY TWENTY-EIGHTH OF A YEAR ENDING IN TWO, THE REDISTRICTING COMMISSION SHALL PREPARE AND SUBMIT TO THE LEGISLATURE A SECOND REDISTRICTING PLAN AND THE NECESSARY IMPLEMENTING LEGISLATION FOR SUCH PLAN. WITHIN TEN DAYS OF ITS SUBMISSION SUCH LEGISLATION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY THE SENATE OR THE ASSEMBLY AND, IF APPROVED BY THE FIRST HOUSE VOTING UPON IT, SUCH LEGIS- LATION SHALL BE DELIVERED TO THE OTHER HOUSE IMMEDIATELY TO BE VOTED UPON, WITHOUT AMENDMENT, WITHIN FIVE DAYS FROM DELIVERY. IF APPROVED BY BOTH HOUSES, SUCH LEGISLATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION WITHIN THREE DAYS. IF EITHER HOUSE SHALL FAIL TO APPROVE THE LEGISLATION IMPLEMENTING THE SECOND REDISTRICTING PLAN, OR THE GOVERNOR SHALL VETO SUCH LEGISLATION AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN TEN DAYS OF SUCH VETO, EACH HOUSE SHALL INTRODUCE SUCH IMPLEMENTING LEGISLATION WITH ANY AMENDMENTS EACH HOUSE OF THE LEGISLATURE DEEMS NECESSARY. ALL SUCH AMENDMENTS SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE. IF APPROVED BY BOTH HOUSES, SUCH LEGISLATION SHALL BE PRESENTED TO THE GOVERNOR FOR ACTION WITHIN THREE DAYS. ALL VOTES BY THE SENATE OR ASSEMBLY ON ANY REDISTRICTING PLAN LEGIS- LATION PURSUANT TO THIS ARTICLE SHALL BE CONDUCTED IN ACCORDANCE WITH THE FOLLOWING RULES: (A) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES, APPROVAL OF LEGISLATION DULY APPROVED AND SUBMITTED BY THE INDEPENDENT REDISTRICTING COMMISSION PURSUANT TO SUBDIVISION SIX OF SECTION NINETY- FOUR OF THIS ARTICLE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST A MAJORITY OF THE MEMBERS ELECTED TO EACH HOUSE. (B) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES, APPROVAL OF LEGISLATION THAT WAS SUBMITTED BY THE INDEPENDENT REDIS- TRICTING COMMISSION PURSUANT TO SUBDIVISION SEVEN OF SECTION NINETY-FOUR OF THIS ARTICLE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST SIXTY PERCENT OF THE MEMBERS ELECTED TO EACH HOUSE. (C) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF THE SAME POLITICAL PARTY, APPROVAL OF LEGISLATION SUBMITTED BY THE INDEPENDENT REDISTRICTING COMMISSION PURSUANT TO SUBDIVISION SIX OR SEVEN OF SECTION NINETY-FOUR OF THIS ARTICLE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS PASSAGE BY AT LEAST TWO-THIRDS OF THE MEMBERS ELECTED TO EACH HOUSE. 2. SUBJECT TO THE REQUIREMENTS OF THE FEDERAL CONSTITUTION AND STAT- UTES AND IN COMPLIANCE WITH STATE CONSTITUTIONAL REQUIREMENTS, THE FOLLOWING PRINCIPLES SHALL BE USED IN THE CREATION OF STATE SENATE AND STATE ASSEMBLY DISTRICTS AND CONGRESSIONAL DISTRICTS: (A) WHEN DRAWING DISTRICT LINES, THE COMMISSION SHALL CONSIDER WHETHER SUCH LINES WOULD RESULT IN THE DENIAL OR ABRIDGEMENT OF RACIAL OR
LANGUAGE MINORITY VOTING RIGHTS, AND DISTRICTS SHALL NOT BE DRAWN TO HAVE THE PURPOSE OF, NOR SHALL THEY RESULT IN, THE DENIAL OR ABRIDGEMENT OF SUCH RIGHTS. DISTRICTS SHALL BE DRAWN SO THAT, BASED ON THE TOTALITY OF THE CIRCUMSTANCES, RACIAL OR MINORITY LANGUAGE 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. (B) TO THE EXTENT PRACTICABLE, DISTRICTS SHALL CONTAIN AS NEARLY AS MAY BE AN EQUAL NUMBER OF INHABITANTS. FOR EACH DISTRICT THAT DEVIATES FROM THIS REQUIREMENT, THE COMMISSION SHALL PROVIDE A SPECIFIC PUBLIC EXPLANATION AS TO WHY SUCH DEVIATION EXISTS. (C) EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY. (D) EACH DISTRICT SHALL BE AS COMPACT IN FORM AS PRACTICABLE. (E) DISTRICTS SHALL NOT BE DRAWN TO DISCOURAGE COMPETITION OR FOR THE PURPOSE OF FAVORING OR DISFAVORING INCUMBENTS OR OTHER PARTICULAR CANDI- DATES OR POLITICAL PARTIES. THE COMMISSION SHALL CONSIDER THE MAINTE- NANCE OF CORES OF EXISTING DISTRICTS, OF PRE-EXISTING POLITICAL SUBDIVI- SIONS, INCLUDING COUNTIES, CITIES, AND TOWNS, AND OF COMMUNITIES OF INTEREST. (F) IN DRAWING SENATE DISTRICTS, TOWNS OR BLOCKS WHICH, FROM THEIR LOCATION MAY BE INCLUDED IN EITHER OF TWO DISTRICTS, SHALL BE SO PLACED AS TO MAKE SAID DISTRICTS MOST NEARLY EQUAL IN NUMBER OF INHABITANTS. THE REQUIREMENTS THAT SENATE DISTRICTS NOT DIVIDE COUNTIES OR TOWNS, AS WELL AS THE 'BLOCK-ON-BORDER' AND 'TOWN-ON-BORDER' RULES, SHALL REMAIN IN EFFECT. DURING THE PREPARATION OF THE REDISTRICTING PLAN, THE INDEPENDENT REDISTRICTING COMMISSION SHALL CONDUCT NOT LESS THAN ONE PUBLIC HEARING ON PROPOSALS FOR THE REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLA- TIVE DISTRICTS IN EACH OF THE FOLLOWING (I) CITIES: ALBANY, BUFFALO, SYRACUSE, ROCHESTER, AND WHITE PLAINS; AND (II) COUNTIES: BRONX, KINGS, NEW YORK, QUEENS, RICHMOND, NASSAU, AND SUFFOLK. NOTICE OF ALL SUCH HEARINGS SHALL BE WIDELY PUBLISHED USING THE BEST AVAILABLE MEANS AND MEDIA A REASONABLE TIME BEFORE EVERY HEARING. AT LEAST THIRTY DAYS PRIOR TO THE FIRST PUBLIC HEARING AND IN ANY EVENT NO LATER THAN SEPTEMBER FIFTEENTH OF THE YEAR ENDING IN ONE OR AS SOON AS PRACTICABLE THEREAFT- ER, THE INDEPENDENT REDISTRICTING COMMISSION SHALL MAKE WIDELY AVAILABLE TO THE PUBLIC, IN PRINT FORM AND USING THE BEST AVAILABLE TECHNOLOGY, ITS DRAFT REDISTRICTING PLANS, RELEVANT DATA, AND RELATED INFORMATION. SUCH PLANS, DATA, AND INFORMATION SHALL BE IN A FORM THAT ALLOWS AND FACILITATES THEIR USE BY THE PUBLIC TO REVIEW, ANALYZE, AND COMMENT UPON SUCH PLANS AND TO DEVELOP ALTERNATIVE REDISTRICTING PLANS FOR PRESENTA- TION TO THE COMMISSION AT THE PUBLIC HEARINGS. THE INDEPENDENT REDIS- TRICTING COMMISSION SHALL REPORT THE FINDINGS OF ALL SUCH HEARINGS TO THE LEGISLATURE UPON SUBMISSION OF A REDISTRICTING PLAN. 3. THE PROCESS FOR REDISTRICTING CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS ESTABLISHED BY THIS ARTICLE SHALL GOVERN REDISTRICTING 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. A REAPPORTIONMENT PLAN AND THE DISTRICTS CONTAINED IN SUCH PLAN SHALL BE IN FORCE UNTIL THE EFFECTIVE DATE OF A PLAN BASED UPON THE SUBSEQUENT FEDERAL DECENNIAL CENSUS TAKEN IN A YEAR ENDING IN ZERO UNLESS MODIFIED PURSUANT TO COURT ORDER. 4. IN ANY JUDICIAL PROCEEDING RELATING TO REDISTRICTING OF CONGRES- SIONAL OR STATE LEGISLATIVE DISTRICTS, ANY LAW ESTABLISHING CONGRESSION- AL OR STATE LEGISLATIVE DISTRICTS FOUND TO VIOLATE THE PROVISIONS OF THIS ARTICLE SHALL BE INVALID IN WHOLE OR IN PART. IN THE EVENT THAT A
COURT FINDS SUCH A VIOLATION, THE LEGISLATURE SHALL HAVE A FULL AND REASONABLE OPPORTUNITY TO CORRECT THE LAW'S LEGAL INFIRMITIES. S 94. INDEPENDENT REDISTRICTING COMMISSION. 1. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR ENDING WITH A ZERO AND AT ANY OTHER TIME A COURT ORDERS THAT CONGRESSIONAL OR STATE LEGISLATIVE DISTRICTS BE AMENDED, AN INDEPENDENT REDISTRICTING COMMISSION SHALL BE ESTABLISHED TO DETERMINE THE DISTRICT LINES FOR CONGRESSIONAL AND STATE LEGISLATIVE OFFICES. THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE COMPOSED OF TEN MEMBERS, APPOINTED 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; (E) TWO MEMBERS SHALL BE APPOINTED BY THE EIGHT MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION BY A VOTE OF NOT LESS THAN FIVE MEMBERS IN FAVOR OF SUCH APPOINTMENT, AND THESE TWO MEMBERS SHALL NOT HAVE BEEN ENROLLED IN THE PRECEDING FIVE YEARS IN EITHER OF THE TWO POLITICAL PARTIES THAT CONTAIN THE LARGEST OR SECOND LARGEST NUMBER OF ENROLLED VOTERS WITHIN THE STATE; (F) ONE MEMBER SHALL BE DESIGNATED CHAIR OF THE COMMISSION BY A MAJOR- ITY OF THE MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (A) THROUGH (E) OF THIS SUBDIVISION TO CONVENE AND PRESIDE OVER EACH MEETING OF THE COMMIS- SION. 2. THE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL BE REGISTERED VOTERS IN THIS STATE. NO MEMBER SHALL WITHIN THE LAST THREE YEARS: (A) BE OR HAVE BEEN A MEMBER OF THE NEW YORK STATE LEGISLATURE OR UNITED STATES CONGRESS OR A STATEWIDE ELECTED OFFICIAL; (B) BE OR HAVE BEEN A STATE OFFICER OR EMPLOYEE OR LEGISLATIVE EMPLOY- EE AS DEFINED IN SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW. (C) BE OR HAVE BEEN A REGISTERED LOBBYIST IN NEW YORK STATE; (D) BE OR HAVE BEEN A POLITICAL PARTY CHAIRMAN, AS DEFINED IN PARA- GRAPH (K) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW; (E) BE THE SPOUSE OF A STATEWIDE ELECTED OFFICIAL OR OF ANY MEMBER OF THE UNITED STATES CONGRESS, OR OF THE STATE LEGISLATURE. 3. 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, LANGUAGE, AND GEOGRAPHIC RESIDENCE AND TO THE EXTENT PRACTICABLE THE APPOINTING AUTHORITIES SHALL CONSULT WITH ORGANIZATIONS DEVOTED TO PROTECTING THE VOTING RIGHTS OF MINORITY AND OTHER VOTERS CONCERNING POTENTIAL APPOINTEES TO THE COMMIS- SION. 4. VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED WITH- IN THIRTY DAYS IN THE MANNER PROVIDED FOR IN THE ORIGINAL APPOINTMENTS. 5. THE MEMBERS OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL RECEIVE REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 6. A MINIMUM OF FIVE 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 PRIOR TO THE APPOINTMENT OF THE TWO COMMISSION MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) OF SUBDI- VISION ONE OF THIS SECTION, AND A MINIMUM OF SEVEN MEMBERS SHALL CONSTI-
TUTE A QUORUM AFTER SUCH MEMBERS HAVE BEEN APPOINTED, AND NO EXERCISE OF ANY POWER OF THE INDEPENDENT REDISTRICTING COMMISSION SHALL OCCUR WITH- OUT THE AFFIRMATIVE VOTE OF AT LEAST A MAJORITY OF THE MEMBERS, PROVIDED THAT, IN ORDER TO APPROVE ANY REDISTRICTING PLAN AND IMPLEMENTING LEGIS- LATION, THE FOLLOWING RULES SHALL APPLY: (A) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF THE SAME POLITICAL PARTY, APPROVAL OF A REDISTRICTING PLAN AND IMPLEMENTING LEGISLATION BY THE COMMISSION FOR SUBMISSION TO THE LEGISLATURE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS APPROVAL BY AT LEAST SEVEN MEMBERS INCLUDING AT LEAST ONE MEMBER APPOINTED BY EACH OF THE LEGISLATIVE LEADERS. (B) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES, APPROVAL OF A REDISTRICTING PLAN BY THE COMMISSION FOR SUBMISSION TO THE LEGISLATURE SHALL REQUIRE THE VOTE IN SUPPORT OF ITS APPROVAL BY AT LEAST SEVEN MEMBERS INCLUDING AT LEAST ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND ONE MEMBER APPOINTED BY THE TEMPORARY PRESI- DENT OF THE SENATE. 7. IN THE EVENT THAT THE COMMISSION IS UNABLE TO OBTAIN SEVEN VOTES TO APPROVE A REDISTRICTING PLAN ON OR BEFORE JANUARY FIRST IN THE YEAR ENDING IN TWO OR AS SOON AS PRACTICABLE THEREAFTER, THE COMMISSION SHALL SUBMIT TO THE LEGISLATURE THAT REDISTRICTING PLAN AND IMPLEMENTING LEGISLATION THAT GARNERED THE HIGHEST NUMBER OF VOTES IN SUPPORT OF ITS APPROVAL BY THE COMMISSION WITH A RECORD OF THE VOTES TAKEN. IN THE EVENT THAT MORE THAN ONE PLAN RECEIVED THE SAME NUMBER OF VOTES FOR APPROVAL, AND SUCH NUMBER WAS HIGHER THAN THAT FOR ANY OTHER PLAN, THEN THE COMMISSION SHALL SUBMIT ALL PLANS THAT OBTAINED SUCH NUMBER OF VOTES. THE LEGISLATURE SHALL CONSIDER AND VOTE UPON SUCH IMPLEMENTING LEGISLATION IN ACCORDANCE WITH THE VOTING RULES SET FORTH IN SECTION NINETY-THREE OF THIS ARTICLE. ANY AMENDMENTS TO SUCH PLANS BY THE LEGIS- LATURE SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE. 8. (A) THE INDEPENDENT REDISTRICTING COMMISSION SHALL APPOINT TWO CO-EXECUTIVE DIRECTORS BY A MAJORITY VOTE OF THE COMMISSION IN ACCORD- ANCE WITH THE FOLLOWING PROCEDURE: (1) IN THE EVENT THAT THE THE SPEAKER OF THE ASSEMBLY AND THE TEMPO- RARY PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES, THE CO-EXECUTIVE DIRECTORS SHALL BE APPROVED BY A MAJORITY OF THE COMMISSION THAT INCLUDES AT LEAST ONE APPOINTEE BY THE SPEAKER OF THE ASSEMBLY AND AT LEAST ONE APPOINTEE BY THE TEMPORARY PRESIDENT OF THE SENATE. (2) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF THE SAME POLITICAL PARTY, THE CO-EXECUTIVE DIRECTORS SHALL BE APPROVED BY A MAJORITY OF THE COMMISSION THAT INCLUDES AT LEAST ONE APPOINTEE BY EACH OF THE LEGISLATIVE LEADERS. (B) ONE OF THE CO-EXECUTIVE DIRECTORS SHALL BE ENROLLED IN THE POLI- TICAL PARTY WITH THE HIGHEST NUMBER OF ENROLLED MEMBERS IN THE STATE AND ONE SHALL BE ENROLLED IN THE POLITICAL PARTY WITH THE SECOND HIGHEST NUMBER OF ENROLLED MEMBERS IN THE STATE. THE CO-EXECUTIVE DIRECTORS SHALL APPOINT SUCH STAFF AS ARE NECESSARY TO PERFORM THE COMMISSION'S DUTIES, EXCEPT THAT THE COMMISSION SHALL REVIEW A STAFFING PLAN PREPARED AND PROVIDED BY THE CO-EXECUTIVE DIRECTORS WHICH SHALL CONTAIN A LIST OF THE VARIOUS POSITIONS AND THE DUTIES, QUALIFICATIONS, AND SALARIES ASSO- CIATED WITH EACH POSITION. (C) IN THE EVENT THAT THE COMMISSION IS UNABLE TO APPOINT ONE OR BOTH OF THE CO-EXECUTIVE DIRECTORS WITHIN FORTY-FIVE DAYS OF THE ESTABLISH-
MENT OF A QUORUM OF SEVEN COMMISSIONERS, THE FOLLOWING PROCEDURE SHALL BE FOLLOWED: (1) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF TWO DIFFERENT POLITICAL PARTIES, WITHIN TEN DAYS THE SPEAKER'S APPOINTEES ON THE COMMISSION SHALL APPOINT ONE CO-EXECUTIVE DIRECTOR, AND THE TEMPORARY PRESIDENT'S APPOINTEES ON THE COMMISSION SHALL APPOINT THE OTHER CO-EXECUTIVE DIRECTOR. ALSO WITH- IN TEN DAYS THE MINORITY LEADER OF THE ASSEMBLY SHALL SELECT A CO-DEPUTY EXECUTIVE DIRECTOR, AND THE MINORITY LEADER OF THE SENATE SHALL SELECT THE OTHER CO-DEPUTY EXECUTIVE DIRECTOR. (2) IN THE EVENT THAT THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE ARE MEMBERS OF THE SAME POLITICAL PARTY, WITHIN TEN DAYS THE SPEAKER'S AND TEMPORARY PRESIDENT'S APPOINTEES ON THE COMMISSION SHALL TOGETHER APPOINT ONE CO-EXECUTIVE DIRECTOR, AND THE TWO MINORITY LEADERS' APPOINTEES ON THE COMMISSION SHALL TOGETHER APPOINT THE OTHER CO-EXECUTIVE DIRECTOR. (D) IN THE EVENT OF A VACANCY IN THE OFFICES OF CO-EXECUTIVE DIRECTOR OR CO-DEPUTY EXECUTIVE DIRECTOR, THE POSITION SHALL BE FILLED WITHIN TEN DAYS OF ITS OCCURRENCE BY THE SAME APPOINTING AUTHORITY OR AUTHORITIES THAT APPOINTED HIS OR HER PREDECESSOR. 9. THE STATE BUDGET SHALL INCLUDE NECESSARY APPROPRIATIONS FOR THE EXPENSES OF THE INDEPENDENT REDISTRICTING COMMISSION, PROVIDE FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MEMBERS AND STAFF OF THE COMMISSION, ASSIGN TO THE COMMISSION ANY ADDITIONAL DUTIES THAT THE LEGISLATURE MAY DEEM NECESSARY TO THE PERFORMANCE OF THE DUTIES STIPU- LATED IN THIS ARTICLE, AND REQUIRE OTHER AGENCIES AND OFFICIALS OF THE STATE OF NEW YORK AND ITS POLITICAL SUBDIVISIONS TO PROVIDE SUCH INFOR- MATION AND ASSISTANCE AS THE COMMISSION MAY REQUIRE TO PERFORM ITS DUTIES. S 3. Any amendments by the senate or assembly to a redistricting plan submitted by the independent redistricting commission, shall not affect more than two percent of the population of any district contained in such plan. If two or more plans for districts in the same legislative house or for congressional districts are submitted by the commission and voted upon by the legislature, such plans shall be considered individ- ually and not combined. S 4. (a) The independent redistricting commission established pursuant to section 5-b of article 3 of the constitution shall submit to the legislature such plan and the implementing legislation therefore on or before January first or as soon as practicable thereafter but no later than January fifteenth in the year ending in two beginning in two thou- sand twenty-two. Within ten days of the plan's submission or within ten days after January first in a year ending in two, whichever is later, the implementing legislation shall be voted upon without amendment by the senate or the assembly. If approved by the first house voting upon it, such legislation shall be delivered to the other house immediately to be voted upon, without amendment, within five days from delivery. If approved by both houses such legislation shall be presented to the governor for action within three days. (b) If either house shall fail to approve the legislation implementing the first redistricting plan, or the governor shall veto such legis- lation and the legislature shall fail to override such veto within ten days of such veto, each house or the governor, if he or she vetoes it, shall notify the commission that such legislation has been disapproved within three days of such disapproval. Within fifteen days of such notification and in no case later than February twenty-eighth of a year
ending in two, the redistricting commission shall prepare and submit to the legislature a second redistricting plan and the necessary implement- ing legislation for such plan. Within ten days of its submission such legislation shall be voted upon, without amendment, by the senate or assembly and, if approved by the first house voting upon it, such legis- lation shall be delivered to the other house immediately to be voted upon without amendment, within five days from delivery. If approved by both houses, such legislation shall be presented to the governor for action within three days. (c) If either house shall fail to approve the legislation implementing the second redistricting plan, or the governor shall veto such legis- lation and the legislature shall fail to override such veto within ten days of such veto, each house shall introduce such implementing legis- lation with any amendments each house deems necessary. If approved by both houses, such legislation shall be presented to the governor for action within three days. S 5. The house that first approved in 2012 the amendment entitled "Concurrent Resolution of the Senate and Assembly proposing an amendment to article 3 of the constitution, in relation to the establishment of the independent redistricting commission" (hereinafter "the amendment") shall when considering the resolution in 2013 vote upon the amendment first in the next session of the legislature and in any event shall do so no later than January 15, 2013. The house that approved the amendment second in 2012 shall also vote upon the amendment second in the next session and in any event no later than January 30, 2013. S 6. (a) If the house that first votes upon the amendment in the next session approves such amendment, and the other house approves it there- after, then the amendment shall be considered for approval by the voters and this act shall not take effect except that sections three and four of this act shall then take effect upon the people approving and ratify- ing such amendment by a majority of the electors voting thereon. If the house that first votes upon the amendment in the next session approves such amendment, and the other house disapproves it thereafter or fails to vote upon the amendment within fifteen days of the first house's vote or by January 30, 2013, whichever is sooner, then this act shall take effect immediately in its entirety except that wherever in this act the legislative leaders of the house that failed to approve the amendment shall appoint a member of the independent redistricting commission or a staff member of the commission, then the governor shall replace that house's legislative leaders as the appointing authority and shall make such appointments as provided for in this act. (b) If the house that first votes upon the amendment in the next session disapproves such amendment or fails to vote upon the amendment prior to January 15, 2013, and the other house approves it thereafter, then this act shall take effect immediately except that wherever in this act the legislative leaders of the house that failed to approve the amendment shall appoint a member of the independent redistricting commission or a staff member of the commission, then the governor shall replace such house's legislative leaders as the appointing authority and shall make such appointments as provided for in this act. (c) If the house that first votes upon the amendment in the next session disapproves such amendment or fails to vote upon the amendment prior to January 15, 2013, and the other house disapproves it thereafter or fails to vote upon the amendment within fifteen days of the first house's vote or by January 30, 2013, whichever is sooner, then this act shall take effect immediately in its entirety except that whenever in
this act the legislative leaders shall appoint a member of the independ- ent redistricting commission or a staff member of the commission, then the governor shall replace each legislative leader as the appointing authority and shall make such appointments as provided for in this act.

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