New York

• Congressional and Legislative Process

  Primary Authority: Congressional and legislative plans are drawn primarily by New York’s independent redistricting commission, a 10-member, politically appointed body, and passed by the state legislature, subject to the Governor’s veto. The commission’s first two plans are submitted to the state legislature for passage without amendment. After two successive commission plans have failed to pass or been vetoed, the Legislature then has limited authority to amend the plan(s) and pass them.

  If a bill is presented to the governor during session, the governor has 10 days to sign or veto it; otherwise, it becomes law without signature. If the bill is delivered to the governor during the last 10 days of the session, the governor must sign or veto it within 30 days of session adjournment; otherwise, it is pocket vetoed. Sundays and days of delivery are excluded from these calculations.

  • Members: The commission has 10 members. The Temporary President of the New York Senate, the Speaker of the New York Assembly, and the minority leaders of both chambers each appoint 2 members. The initial 8 members then appoint the 2 final members, neither of whom can have been registered with either of the state’s two largest political parties in terms of voter registration within the preceding 5 years. [N.Y. Const. art. III, §§ 5-b(a), (b); N.Y. Legis. Law § 94]
  • Timing: Commissioners must be appointed on or before February 1 of years ending in 0. [N.Y. Const. art. III, § 5-b(a); N.Y. Legis. Law § 94]
  • Eligibility: Commissioners must be registered voters of New York. Within the 3 years preceding their appointment, commissioners must not: be or have been a member of the state legislature, U.S. Congress, or a statewide elected official; be or have been a state officer, employee, or legislative employee; be or have been a registered lobbyist in the state; be or have been a political party chairman; or be a spouse of a statewide elected official, any member of Congress, or any member of the state legislature. To the extent practicable, commissioners shall reflect the racial, ethnic, gender, language, and geographic diversity of residents of the state and the appointing authorities shall consult with organizations devoted to protecting voting rights of minorities or other voters when making their selections. [N.Y. Const. art. III, §§ 5-b(b), (c); N.Y. Legis. Law § 94]
  • Voting: The final 2 commissioners must be appointed by an affirmative vote of at least 5 of the initial commissioners. Quorum is 5 members before the final 2 commissioners are appointed, and 7 members thereafter. Selection of chair requires a majority vote. Official actions by the commission require a majority vote, but different voting thresholds apply to the approval of redistricting plans depending on the political composition of the appointing authorities. If the Speaker of the New York Assembly and the President of the New York Senate are of the same party, plan approval requires at least 7 affirmative votes including at least 1 member appointed by each of the legislative leaders. If the Speaker and President are of different parties, plan approval requires at least 7 affirmative votes including at least 1 member appointed by the Speaker and at least 1 member appointed by the President. Similar varying vote requirements apply to the selection of the commission’s two co-executive directors. If no plan receives 7 votes by its deadline, the Commission must submit the plan or plans that received the highest number of votes. [N.Y. Const. art. III, §§ 5-b(a), (f), (h); N.Y. Legis. Law §§ 93, 94]
  • Public Input & Transparency: The commission must hold at least 1 public hearing on plan proposals in each of several listed counties and cities, and reasonable public notice must be given before every hearing. At least 30 days prior to the first hearing and in no event later than September 15 of years ending in one, or as soon as practicable thereafter, the commission must make publicly available its draft plans and all relevant data and information. Findings from the hearings must be reported to the state legislature upon submission of a redistricting plan. [N.Y. Const. art. III, § 4(c)(6); N.Y. Legis. Law § 93]

  Mapping Timeline: Commissioners must be appointed on or before February 1 of years ending in 0. Prior to the first public hearing, and in no event later than September 15 of years ending in 1 or as soon as practicable thereafter, the Commission must release its draft plans and related data and information. After all required hearings, the Commission must submit its approved congressional and legislative plans to the state legislature on or before January 1 of years ending in 2 and in no event later than January 15 of that year. The legislative plans must both be contained in a single bill and the congressional plan may be included in that bill or kept separate at the legislature’s discretion. The legislature must then vote on the submitted plans without amendment within 10 days of submission or within 10 days after January 1 in years ending in 2, whichever is later. If a plan fails to pass or is vetoed, the legislature must notify the Commission within 3 days thereof. The Commission must then prepare and submit a second redistricting plan within 15 days of such notification and in no case later than February 28 of years ending in 2. The second plan(s) must then be voted on without amendment within 10 days of submission. If a plan passes one chamber, the other chamber must vote on it within 5 days of delivery, and if it passes both chambers, it must be delivered to the Governor within 3 days. [N.Y. Const. art. III, §§ 4, 5-b; N.Y. Legis. Law §§ 93, 94]

  Different vote thresholds are required for the Legislature to pass plans depending on the political parties of the Assembly Speaker and Senate President and the number of Commissioners who voted in favor of the submitted plan. If at least 7 commissioners approved the plan and the Speaker and President are of different political parties, a majority vote in each chamber is required. If less than 7 commissioners approved it and the Speaker and President are of different parties, affirmative votes from at least 60% of the members in each chamber are required for passage. If the Speaker and President are of the same party, regardless of how many Commissioners supported the plan, a 2/3 vote in each chamber is required. [N.Y. Const. art. III, §§ 4, 5-b; N.Y. Legis. Law §§ 93, 94]

  If 2 successive Commission plans fail to pass or are vetoed and the veto is not overridden within 10 days thereof, the Legislature is then permitted to make limited amendments to the plan. By statute, the Legislature’s amendments are prohibited from affecting more than 2% of the population of any district contained in such plan. [N.Y. Const. art. III, §§ 4, 5-b; N.Y. Legis. Law §§ 93, 94; 2012 N.Y. Sess. Laws 17 (SB6736)]

  Redistricting Criteria:

  • Congressional: As nearly equal in population as may be; Contiguous; As compact as practicable; Consider maintaining cores of existing districts; Consider county, city, and town boundaries; Consider communities of interest.
  • State Senate: As nearly equal in population as may be; Contiguous; As compact as practicable; Consider maintaining cores of existing districts; Consider county, city, and town boundaries; Consider communities of interest; Must adhere to “block-on-border” and “town-on-border” rules.
  • State Assembly: As nearly equal in population as may be; Contiguous; As compact as practicable; Consider maintaining cores of existing districts; Consider county, city, and town boundaries; Consider communities of interest.
  • PROHIBITED (all): Districts drawn to discourage competition; Favoring or disfavoring incumbents or other particular candidates or political parties. [N.Y. Const. art. III, §§ 4(c), 5; N.Y. Legis. Law § 93(2)]

  Map Challenges: Any citizen can file a petition in a New York Supreme Court (trial court) to challenge a redistricting plan. The court must render its decision in 60 days. [N.Y. Const. art. III, § 5]

• Ballot Measure & Referendum Process

  Types of Measures: Only the New York Legislature may refer amendments to the ballot. There is no initiative or referendum process. [N.Y. Const. art. XXIX]

• Previous Redistricting Cycles

  2010

  • Congressional
    • Federal Court’s Plan (Split-control Legislature failed to pass plan)
      • Adopted = March 19, 2012
    • Litigation History
      • Favors v. Cuomo, No. 11-CV-5632 (E.D.N.Y. Mar. 19, 2012): After the split-control Legislature failed to pass a congressional plan, plaintiffs filed a federal lawsuit alleging that the existing congressional districts had become malapportioned following the 2010 census and requesting that the court order a new plan be adopted in time for the 2012 election. On March 19, 2012, the district court issued an opinion and order adopting the congressional redistricting plan attached as Appendix 1 to their opinion.
  • Legislative
    • Original Plans – A. 9525 (House); S. 6696 (Senate)
      • Passed = March 15, 2012 (Split-control)
      • Signed = March 15, 2012
    • Corrected Plans – S. 6755
      • Passed = March 21, 2012 (Split-control)
      • Signed = March 27, 2012
      • Preclearance = May 18, 2012 (House); April 27, 2012 (Senate)
    • Litigation History
      • Little v. N.Y. State Task Force on Demographic Research and Reapportionment, No. 2310-2011 (N.Y. Dec. 1, 2011): After the Legislature passed a law requiring that inmates be counted for reapportionment purposes at their last known residence prior to incarceration rather than at their correctional facility, plaintiffs challenged the law as violating the state constitution on the grounds the practice deviated from that recommended by the U.S. Census Bureau and violated the one person, one vote constitutional principle, in addition to claims of partisan gerrymandering and equal protection violations. On December 1, 2011, the state Supreme Court granted summary judgment for the defendants on all claims and dismissed the action.
      • Cohen v. Cuomo, 969 N.E.2d 754 (N.Y. Ct. App. 2012): Plaintiffs challenged the state legislature’s state Senate redistricting plan, which increased the number of Senate districts from 62 to 63, was unconstitutional under the state constitution on the grounds the Legislature failed to apply a consistent method of calculating the number of seats due to population growth throughout the state, instead using an arbitrary method. On May 3, 2012, the New York Court of Appeals affirmed the Supreme Court’s ruling that the plaintiffs failed to sufficiently establish that the plan was unconstitutional and upheld the plan.
      • Favors v. Cuomo, No. 11 civ 5632 (E.D.N.Y. May 22, 2014): Several different plaintiffs filed challenges to the Legislature’s enacted state Senate plan on a variety of constitutional grounds, including malapportionment and racial gerrymandering in violation of the 14th Amendment’s Equal Protection Clause. On May 22, 2014, the district court granted summary judgment to the defendants on all claims, finding that the plaintiffs failed to demonstrate that the Senate plan violated the Equal Protection Clause or was malapportioned.

  2000

  • Congressional
    • Original Plan – S. 7536
      • Passed = June 5, 2002 (Split-controlled)
      • Signed = June 5, 2002
      • Preclearance = June 25, 2002
    • Litigation History
      • Rodriguez v. Pataki, 308 F.Supp.2d 346 (S.D.N.Y. 2004): Different groups of plaintiffs filed federal lawsuits challenging the Legislature’s enacted state Senate and congressional redistricting plans as unconstitutional on a variety of grounds, including violations of the one person, one vote constitutional requirement under the 14th Amendment’s Equal Protection Clause, racial gerrymandering, and vote dilution under Section 2 of the Voting Rights Act. On March 14, 2004, the district court upheld both plans, finding the plaintiffs failed to establish that they violated either the 14th Amendment or the Voting Rights Act.
        • Aff’d, 543 U.S. 997 (2004)
  • Legislative
    • Original Plans – S. 7300 (Amending S. 6796)
      • Passed = April 22, 2002 (Split-controlled)
      • Signed = April 24, 2002
      • Preclearance = Granted on June 17, 2002
    • Litigation History
      • Allen v. Pataki, No. 101712/02 (N.Y. May 13, 2002): After the Legislature enacted its state Senate redistricting plan, plaintiffs challenged the plan as malapportioned in violation of the 14th Amendment’s Equal Protection Clause. On May 13, 2002, the New York Supreme Court denied the plaintiffs’ request for a preliminary injunction, finding that they failed to establish they would likely succeed on the merits of their claims.
      • Rodriguez v. Pataki, 308 F.Supp.2d 346 (S.D.N.Y. 2004): Different groups of plaintiffs filed federal lawsuits challenging the Legislature’s enacted state Senate and congressional redistricting plans as unconstitutional on a variety of grounds, including violations of the one person, one vote constitutional requirement under the 14th Amendment’s Equal Protection Clause, racial gerrymandering, and vote dilution under Section 2 of the Voting Rights Act. On March 14, 2004, the district court upheld both plans, finding the plaintiffs failed to establish that they violated either the 14th Amendment or the Voting Rights Act.
        • Aff’d, 543 U.S. 997 (2004).

Current districts for New York by chamber, shaded by the incumbent’s party.