2016 New York Laws
LEG - Legislative
Article 6-A - (Legislative) REDISTRICTING OF CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS
93 - Redistricting.

*   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
  congressional 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  practicable  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 within 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 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  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
  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
  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
  legislation  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
  redistricting  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
  statutes  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
  candidates  or  political  parties.  The  commission  shall consider the
  maintenance of cores of existing districts,  of  pre-existing  political
  subdivisions,  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
  legislative 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
  thereafter, 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  presentation  to  the  commission  at  the  public  hearings.   The
  independent  redistricting  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
  congressional or  state  legislative  districts,  any  law  establishing
  congressional  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.
* See chapter 17 of 2012  6 for effectiveness