BILL NUMBER: S10637A
SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to sections 4 and 5-b of article 3 of the constitution, in relation to
the independent redistricting commission
 
PURPOSE OR GENERAL IDEA OF BILL::
This concurrent resolution, if passed by second legislature and approved
by the people, would amend sections 4 and 5-b and add a new section 5-c
to article 3 of the constitution.
 
SUMMARY OF PROVISIONS::
Section one legislativeamends the processes for redistricting congres-
sional and state districts in the state.
Section two legislative election of to the timerequires that such amend-
ment be referred to the first regular session convening after the next
succeeding general Members of the Assembly and published for 3 months
previous of such election.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Technical edit for clarification.
 
JUSTIFICATION::
The current process governing redistricting in the state has led to
confusion, multi-year litigation, postponed elections, and rushed
consideration and adoption of district lines. Additionally, the redis-
tricting constraints in the state constitution are out of alignment with
the federal jurisprudence that has developed in the time since these
provisions of the constitution were adopted.
The overly burdensome process and constraining criteria, together with
the evolution of jurisprudence around redistricting, requires New York
to update its processes when it comes to redistricting.
The most recently enacted congressional lines were the result of a
convoluted process that ultimately resulted in hurriedly drawn lines.
The temporary authority for the legislature to redraw those lines for
the 2028 and 2030 elections through the normal legislative process will
allow for the legislature to revisit those lines and make changes as may
be necessary, in accordance with the federal constitution and statutes.
Beginning with the next federal census, these proposed changes will
maintain the requirement for the Independent Redistricting Commission
(IRC) to convene, hold hearings, and advance redistricting plans to the
legislature, but will revise the process for the legislature's consider-
ation of IRC redistricting plans to ensure adequate time to evaluate and
vote on such plans, and - if necessary - to enact redistricting legis-
lation should an IRC plan not be adopted.
Further, these proposed changes will also remove certain redistricting
criteria from the state constitution to better align the state's redis-
tricting process with current United States Supreme Court precedent,
while leaving in place critical criteria that prioritizes voter enfran-
chisement and voter choice. And finally, to account for potential
further evolution in federal jurisprudence largely affecting congres-
sional districts, the legislature would have the authority to redraw
congressional districts between decennial censuses, subject to the
federal and state constitutional requirements, should a future need for
revisions arise.
 
PRIOR LEGISLATIVE HISTORY::
New legislation.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None.
 
EFFECTIVE DATE::
This bill must pass two successive Legislatures and then placed on the
ballot in a general election. If supported by a majority of New York
voters it would take effect January 1st following the general election
in which it was placed on the ballot.