2013 New York Consolidated Laws
LEG - Legislative
Article 6-A - (93 - 94) REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS
94 - Independent redistricting commission.

 
    * § 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
  majority of the members appointed pursuant to paragraphs (a) through (e)
  of  this  subdivision  to  convene  and preside over each meeting of the
  commission.
    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
  employee 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
  paragraph  (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
  redistricting 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 commission.
    4. Vacancies in the membership  of  the  commission  shall  be  filled
  within   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
  commission 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
  subdivision one of this section, and a minimum of  seven  members  shall
  constitute  a  quorum  after  such  members  have been appointed, and no
  exercise of any power of the independent redistricting commission  shall
  occur  without  the  affirmative  vote  of  at  least  a majority of the

  members, provided that, in order to approve any redistricting  plan  and
  implementing legislation, 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
  president 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
  legislature 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
  accordance with the following procedure:
    (1) In the event  that  the  the  speaker  of  the  assembly  and  the
  temporary 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
  political 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
  associated 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
  establishment  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
  within  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
  stipulated in this article, and require other agencies and officials  of
  the  state  of  New  York and its political subdivisions to provide such
  information and assistance as the commission may require to perform  its
  duties.
    * See chapter 17 of 2012 § 6 for effectiveness