2006 New York Code - Readjustments and reapportionments; when federal census to control.

 
    §  4. Except as herein otherwise provided, the federal census taken in
  the  year  nineteen  hundred  thirty  and  each  federal  census   taken
  decennially  thereafter  shall  be  controlling  as  to  the  number  of
  inhabitants in the state or any part thereof for  the  purposes  of  the
  apportionment  of  members of assembly and readjustment or alteration of
  senate and assembly districts next occurring, in so far as  such  census
  and  the  tabulation  thereof  purport to give the information necessary
  therefor. The legislature, by law, shall  provide  for  the  making  and
  tabulation  by state authorities of an enumeration of the inhabitants of
  the entire state to be used for such  purposes,  instead  of  a  federal
  census,  if  the  taking  of a federal census in any tenth year from the
  year nineteen hundred thirty be omitted or if the federal  census  fails
  to  show the number of aliens or Indians not taxed. If a federal census,
  though giving the requisite information as to the state at large,  fails
  to  give  the information as to any civil or territorial divisions which
  is required to be known for such  purposes,  the  legislature,  by  law,
  shall  provide  for such an enumeration of the inhabitants of such parts
  of the state only as may be necessary, which shall supersede in part the
  federal census and be used in connection therewith  for  such  purposes.
  The   legislature,  by  law,  may  provide  in  its  discretion  for  an
  enumeration by state authorities of the inhabitants of the state, to  be
  used for such purposes, in place of a federal census, when the return of
  a decennial federal census is delayed so that it is not available at the
  beginning  of  the regular session of the legislature in the second year
  after  the  year  nineteen  hundred  thirty  or  after  any  tenth  year
  therefrom,   or   if   an  apportionment  of  members  of  assembly  and
  readjustment or alteration of senate districts is not made at or  before
  such  a  session.  At  the  regular session in the year nineteen hundred
  thirty-two, and at the first regular session  after  the  year  nineteen
  hundred  forty  and after each tenth year therefrom the senate districts
  shall be readjusted or altered, but if, in any decade, counting from and
  including that which begins with the year nineteen  hundred  thirty-one,
  such  a  readjustment  or  alteration  is  not  made  at  the time above
  prescribed, it shall be made at a subsequent session occurring not later
  than the sixth year of such decade,  meaning  not  later  than  nineteen
  hundred   thirty-six,   nineteen  hundred  forty-six,  nineteen  hundred
  fifty-six, and so on; provided, however, that if  such  districts  shall
  have  been  readjusted or altered by law in either of the years nineteen
  hundred  thirty  or  nineteen  hundred  thirty-one,  they  shall  remain
  unaltered  until  the  first  regular  session  after  the year nineteen
  hundred forty. Such districts shall be so  readjusted  or  altered  that
  each  senate  district shall contain as nearly as may be an equal number
  of  inhabitants,  excluding  aliens,  and  be  in  as  compact  form  as
  practicable, and shall remain unaltered until the first year of the next
  decade  as  above  defined, and shall at all times consist of contiguous
  territory, and no county shall be divided in the formation of  a  senate
  district  except  to  make  two  or more senate districts wholly in such
  county. No town, except  a  town  having  more  than  a  full  ratio  of
  apportionment,  and  no  block  in  a city inclosed by streets or public
  ways, shall be divided in the formation of senate districts;  nor  shall
  any  district  contain  a greater excess in population over an adjoining
  district in the same county, than the population  of  a  town  or  block
  therein  adjoining  such district. Counties, 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, excluding aliens.
    No county shall have four or more senators unless it shall have a full
  ratio for each senator. No county shall have more than one-third of  all


  the  senators;  and  no  two  counties  or  the territory thereof as now
  organized, which are adjoining counties, or which are separated only  by
  public waters, shall have more than one-half of all the senators.
    The  ratio  for  apportioning  senators  shall  always  be obtained by
  dividing the number of inhabitants, excluding aliens, by fifty, and  the
  senate  shall  always  be  composed of fifty members, except that if any
  county having three or more senators at the time  of  any  apportionment
  shall  be  entitled  on such ratio to an additional senator or senators,
  such additional senator or senators shall be given  to  such  county  in
  addition  to  the fifty senators, and the whole number of senators shall
  be increased to that extent.
    The  senate  districts,  including  the  present  ones,  as   existing
  immediately  before  the  enactment of a law readjusting or altering the
  senate districts, shall continue to be the senate districts of the state
  until the expirations of the terms  of  the  senators  then  in  office,
  except  for  the  purpose  of  an  election  of  senators for full terms
  beginning at  such  expirations,  and  for  the  formation  of  assembly
  districts.