New York State Legislature

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New York State Legislature

Seal of New York.png
General information
Type:   State legislature
Term limits:   None
Session start:   January 6, 2021
Website:   Official Legislature Page
Leadership
Senate President:   Brian Benjamin (D)
House Speaker:  Carl Heastie (D)
Majority Leader:   Senate: Andrea Stewart-Cousins (D)
House: Crystal Peoples-Stokes (D)
Minority Leader:   Senate: Robert Ortt (R)
House: William Barclay (R)
Structure
Members:  63 (Senate), 150 (Assembly)
Length of term:   2 years (Senate), 2 years (House)
Authority:   Art III, Sec. 3, New York Constitution
Salary:   $110,000/year + per diem
Elections
Last election:  November 3, 2020
Next election:  November 8, 2022
Redistricting:  Hybrid

The New York Legislature is the state legislature of New York. It is a bicameral legislature, consisting of the lower chamber, the New York State Assembly, and the upper chamber, the New York State Senate.

The legislature is seated at the New York State Capitol in Albany.

New York has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.

See also: New York State Assembly, New York State Senate, New York Governor

Elections[edit]

2022[edit]

See also: New York State Senate elections, 2022 and New York State Assembly elections, 2022

Elections for the New York State Senate will take place in 2022. The general election is on November 8, 2022.

Elections for the New York State Assembly will take place in 2022. The general election is on November 8, 2022.

2020[edit]

See also: New York State Senate elections, 2020 and New York State Assembly elections, 2020

Elections for the office of New York State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 23, 2020. The filing deadline was April 2, 2020.

Elections for the office of New York State Assembly took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 23, 2020. The filing deadline was April 2, 2020.

2018[edit]

See also: New York State Senate elections, 2018 and New York State Assembly elections, 2018

Elections for the New York State Senate took place in 2018. A closed primary election took place on September 13, 2018, and the general election was held on November 6, 2018. The candidate filing deadline was July 12, 2018.[1]

Elections for the New York State Assembly took place in 2018. The closed primary election took place on September 13, 2018, and the general election was held on November 6, 2018. The candidate filing deadline was July 12, 2018.[2]

2016[edit]

See also: New York State Senate elections, 2016 and New York State Assembly elections, 2016

Elections for the New York State Senate took place in 2016. The primary election took place on September 13, 2016, and the general election was held on November 8, 2016. The filing deadline for major party candidates was July 14, 2016. The filing deadline for independent candidates was August 23, 2016.

Elections for the New York State Assembly took place in 2016. The primary election took place on September 13, 2016, and the general election was held on November 8, 2016. The filing deadline for major party candidates was July 14, 2016. The filing deadline for independent candidates was August 23, 2016.

2014[edit]

See also: New York State Senate elections, 2014 and New York State Assembly elections, 2014

Elections for the New York State Senate took place in 2014. A primary election took place on September 9, 2014. The general election took place November 4, 2014. The signature filing deadline for candidates wishing to run in this election was July 10, 2014.

Elections for the New York State Assembly took place in 2014. A primary election took place on September 9, 2014. The general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was July 10, 2014.

2012[edit]

See also: New York State Senate elections, 2012 and New York State Assembly elections, 2012

Elections for the office of New York State Senate took place in 2012. The primary election was held on September 13, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was July 12, 2012.

Elections for the office of New York State Assembly took place in 2012. The primary election was held on September 13, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was July 12, 2012.

2010[edit]

See also: New York State Senate elections, 2010 and New York State Assembly elections, 2010

Elections for the office of New York State Senate took place in 2010. The primary election was held on September 14, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was July 22, 2010.

Elections for the office of New York State Assembly took place in 2010. The primary election was held on September 14, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was July 22, 2010.

Sessions[edit]

Article III of the New York Constitution outlines the legislative power for New York's government. Article III does not limit when the Legislature can convene in regular session. However, Section 18 of Article III does contain provisions related to special sessions of the Legislature. Section 18 states that a special session can be called by a petition of request from two-thirds of both legislative houses. Since the Legislature is in session all year, a member must gavel in a session every three days. If a member does not gavel in a session, then only the governor can call the Legislature back into session.[3]

2021[edit]

See also: 2021 New York legislative session and Dates of 2021 state legislative sessions

In 2021, the legislature was scheduled to convene on January 6, 2021, and adjourn on June 10, 2021.


2020[edit]

See also: 2020 New York legislative session and Dates of 2020 state legislative sessions

In 2020, the legislature was scheduled to convene on January 8, 2020, and adjourn on December 31, 2020.

Effect of coronavirus pandemic[edit]

See also: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020
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Coronavirus pandemic
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Several state legislatures had their sessions impacted as a result of the 2020 coronavirus pandemic.


2019[edit]

See also: 2019 New York legislative session and Dates of 2019 state legislative sessions

In 2019, the legislature was in session from January 9, 2019, through January 8, 2020.

2018[edit]

See also: 2018 New York legislative session and Dates of 2018 state legislative sessions

In 2018, the legislature was in session from January 3, 2018, through June 20, 2018. To read about notable events and legislation from this session, click here.

Role in state budget[edit]

See also: New York state budget and finances
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New York operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[15]

  1. Budget instructions are sent to state agencies between August and September.
  2. State agencies submit budget requests in October.
  3. Agency hearings are held between October and November.
  4. The governor submits his or her proposed budget to the New York State Legislature in mid-January. The deadline is February 1 in years following a gubernatorial election.
  5. The legislature adopts a budget in March. A simple majority is needed to pass a budget.
  6. The fiscal year begins in April.


New York is one of 44 states in which the governor has line item veto authority.[15]

The governor is constitutionally required to submit a balanced budget. In turn, the legislature is required by statute to pass a balanced budget.[15]


Redistricting[edit]

See also: Redistricting in New York

On March 14, 2012, the state legislature approved a constitutional amendment to establish new redistricting procedures beginning in 2020. The New York Constitution requires that two successive legislatures approve an amendment in order to qualify it for final approval by popular vote. The legislature approved the amendment a second time in 2013. On November 4, 2014, voters approved the amendment, the provisions of which were set to take effect during the 2020 redistricting cycle.[16]

The 10-member commission comprises the following members:[16]

  1. Two members must be appointed by the temporary president of the New York State Senate.
  2. Two members must be appointed by the speaker of the New York State Assembly.
  3. Two members must be appointed by the minority leader of the New York State Senate.
  4. Two members must be appointed by the minority leader of the New York State Assembly.
  5. Two members must appointed by the aforementioned eight commissioners. These two appointees cannot have been enrolled in the top two major political parties in the state.

The legislature must approve the commission's plans by a simple up/down vote. The legislature must reject two separate sets of redistricting plans before it will be able to amend the commission's proposals. All districts will be required "to preserve minority rights, be equally populated, and consist of compact and contiguous territory." Further, state law will require that districts "not be drawn to discourage competition or to favor/disfavor candidates or parties." In prior redistricting cycles, authority for both congressional and state legislative redistricting was vested with the state legislature. An advisory commission participated in the process.[16]

State law requires that state legislative districts be contiguous and compact. State legislative districts must also take into account the "historic and traditional significance of counties."[16]

2020[edit]

See also: Redistricting in New York after the 2020 census

Upon completion of the 2020 census, New York will draft and enact new district maps. On July 12, the New York Independent Redistricting Commission announced an initial series of virtual hearings. The Commission released its first redistricting proposal to the public on September 15, 2021.[17] The Commission then announced a second round of public hearings on the map proposals.[18] The first deadline for the commission to submit map proposals to the legislature for approval is Jan. 1, 2022, and the second deadline is Jan. 15, 2022.[19]


New York Independent Redistricting Commission second public hearing schedule, 2020 cycle
Date Region
October 20, 2021 - 4:00 p.m. Buffalo
October 21, 2021 - 4:00 p.m. Rochester
October 25, 2021 - 4:00 p.m. Southern Tier
October 26, 2021 - 4:00 p.m. Syracuse
October 27, 2021 - 4:00 p.m. North Country
November 1, 2021 - 4:00 p.m. Albany
November 8, 2021 - 3:00 p.m. White Plains
November 9, 2021 - 3:00 p.m. Bronx
November 10, 2021 - 3:00 p.m. Manhattan
November 15, 2021 - 3:00 p.m. Staten Island
November 16, 2021 - 3:00 p.m. Brooklyn
November 17, 2021 - 3:00 p.m. Queens
November 22, 2021 - 4:00 p.m. Nassau County
November 23, 2021 - 4:00 p.m. Suffolk County

2010[edit]

See also: Redistricting in New York after the 2010 census

New York received its 2010 census data on March 23, 2011. The state's growth rate was at 2.19%, which was below the national rate of 9.7%.[20] Redistricting became an issue in the state prior to the November 2010 elections. Going into the elections, the organization NY Uprising asked all candidates to sign a pledge to support nonpartisan redistricting during the following legislative session. A majority of those who won in both chambers signed the pledge.[21] Additionally, Gov. Andrew Cuomo (D) stated his pledge to veto any new maps that were not drawn through a nonpartisan process.[22]


Following a number of delays, the Legislative Task Force on Demographic Research and Reapportionment (LATFOR) released proposed Senate and Assembly maps on January 26, 2012. The Senate plan included an additional 63rd seat. Gov. Cuomo threatened to veto the maps.[23] On March 11, LATFOR filed a bill of their final plans, which closely resembled the maps they released two months earlier. Along with this, leaders offered a constitutional amendment that would set up a new bipartisan commission on redistricting following the next census in 2020.[24] Following a walkout of Senate Democrats, the bill passed. Later that week the constitutional amendment passed.[25] With that approved, Cuomo said, "It’s over once and for all"[26] and signed the maps into law.[27]

Legislators[edit]

Salaries[edit]

See also: Comparison of state legislative salaries
State legislators
SalaryPer diem
$110,000/yearFor non-overnight travel: $61/day. For overnight stays: $176/day.

When sworn in[edit]

See also: When state legislators assume office after a general election

New York legislators assume office the first day of January after a general election.[28]

Senate[edit]

Each member represented an average of 312,550 residents, as of the 2010 Census.[29] After the 2000 Census, each member represented 306,072.[30]

Party As of November 2021
     Democratic Party 42
     Republican Party 20
     Vacancies 1
Total 63

Click here for a list of members of this chamber.

Between 1992 and 2020, partisan control of the New York State Senate was primarily held by Republicans. In the 2018 elections, Senate Democrats gained enough seats to assume control of the chamber, which had previously been held by a governing coalition involving the Republican caucus and members of the Independent Democratic Conference between 2012 and 2016. The table below shows the partisan history of the New York State Senate following every general election from 1992 to 2020. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

New York State Senate Party Control: 1992-2020

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20
Democrats 26 25 26 26 25 25 27 29 32 30 33 31 32 40 43
Republicans 35 36 35 35 36 37 35 33 30 32 30* 32 31* 23 20

*A coalition between the Independent Democratic Conference and Senate Republicans kept the Senate in Republican control.

From 1992 to 2008, Republicans held control of the New York State Senate. Throughout the period, Republicans controlled between 33 and 37 seats, while Democrats controlled between 25 and 29 seats. In the 2008 elections, Democrats took control of the Senate with a 32-30 majority. During the 2009 legislative session, two Democratic members joined with Republicans to create a 32-30 coalition majority and gave Republicans control of the chamber. The arrangement lasted until July 2009 when the two Democrats rejoined the Democratic caucus, giving them a 32-30 majority once again.[31][32]

After the 2010 elections, Republicans had a majority in 2011 and 2012. In 2013, Democrats returned to a majority, 33-30, but Republicans built a coalition with the Independent Democratic Conference (IDC), a group of five Democratic senators. Dean Skelos (R) was majority leader and shared the leadership position with IDC leader Jeff Klein (D) on a rotating basis.[33]

As a result of the 2014 elections, Republicans gained an outright majority but lost it in a special election on April 19, 2016.[34] Democrats held a 32-31 numerical majority in the Senate following the special election and the 2016 general election but a power-sharing agreement between the IDC and Senate Republicans kept the state Senate in Republican control. After the 2018 elections, Democrats held enough seats to break the Republican-IDC governing coalition. The Democratic majority increased to 43-20 following the 2020 elections.

Assembly[edit]

Each member represented an average of 129,187 residents, as of the 2010 Census.[29] After the 2000 Census, each member represented 126,510.[30]

Party As of November 2021
     Democratic Party 106
     Republican Party 43
     Independence 1
     Vacancies 0
Total 150

Click here for a list of members of this chamber.

Between 1992 and 2020, partisan control of the New York State Assembly was held by Democrats. The table below shows the partisan history of the New York State Assembly following every general election from 1992 to 2020. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

New York State Assembly Party Control: 1992-2020

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20
Democrats 101 94 96 98 99 102 104 108 109 99 105 106 106 106 106
Republicans 49 56 54 52 51 48 46 42 41 50 44 44 43 43 43
Other 0 0 0 0 0 0 0 0 0 1 1 0 1 1 1

From 1992 to 2020, Democrats held control of the New York State Assembly. Throughout the period, Democrats controlled between 94 and 109 seats, while Republicans controlled between 41 and 56 seats. Assembly Democrats won the 100 seats required for a two-thirds supermajority 10 times between 1992 and 2020. The last time that Republicans held a majority was in 1974.[35]

Between 1992 and 2020, Democrats had their largest majority following the 2008 elections when they held a 68-seat advantage. Despite the national trend toward Republican state legislatures during the presidency of Barack Obama (D), the New York State Assembly was resistant to that trend. Assembly Democrats never fell below 99 seats during Obama's presidency. From 2009 to 2017, Democrats experienced losses in state legislative elections, totaling 968 seats all together.

District maps[edit]

State Senate[edit]

State Assembly[edit]

Veto overrides[edit]

Veto Override Graphic-Democratic Party.png

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in New York are listed below.

How many legislators are required to vote for an override? Two-thirds of members in both chambers.

Two-thirds of members in both chambers must vote to override a veto, which is 100 of the 150 members in the New York State Assembly and 42 of the 63 members in the New York State Senate. New York is one of 36 states that requires a two-thirds vote from both of its legislative chambers to override a veto.

Authority: Article IV, Section 7 of the New York Constitution.

"Every bill which shall have passed the senate and assembly shall, before it becomes a law, be presented to the governor; if the governor approve, he or she shall sign it; but if not, he or she shall return it with his or her objections to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor."

History[edit]

Partisan balance 1992-2013[edit]

Who Runs the States Project
See also: Ballotpedia:Who Runs the States and Ballotpedia:Who Runs the States, New York
Partisan breakdown of the New York legislature from 1992-2013

New York State Senate: From 1992-2013, the Democratic Party was the majority in the New York State Senate for two years while the Republicans were the majority for 20 years. The New York State Senate is one of 13 state senates that was Republican for more than 80 percent of the years between 1992-2013.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

New York State House of Representatives: During every year from 1992-2013, the Democratic Party was the majority in the New York State House of Representatives. The New York State House of Representatives is one of 18 state Houses that was Democratic for more than 80 percent of the years between 1992-2013.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

The chart below shows the partisan composition of the Office of the Governor of New York, the New York State Senate and the New York State Assembly from 1992 to 2013.

Partisan composition of New York state government(1992-2013).PNG

SQLI and partisanship[edit]

To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.

The chart below depicts the partisanship of the New York state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. New York experienced a Democratic trifecta from 2009-2010. During half the years of the study, New York was ranked in the bottom-10. Its lowest ranking, finishing 43rd, occurred from 2005-2006, during a divided government. Its best ranking also occurred during a divided government, finishing 32nd in 2011.

Chart displaying the partisanship of the New York government from 1992-2013 and the State Quality of Life Index (SQLI).


Constitutional amendments[edit]

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the New York Constitution can be amended:

See also: Article XIX of the New York Constitution and Laws governing ballot measures in New York
New York Constitution
Seal of New York.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXX

The New York Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions.

  • Any proposed amendments must be referred to the New York attorney general, who is required to provide a written opinion as to how the proposed amendment fits in with other provisions of the constitution.
  • If both chambers of the legislature—the New York State Senate and the New York State Assembly—agree with the proposed amendment by a simple majority vote, the proposed amendment is then referred to "the next regular legislative session convening after the succeeding general election of members of the assembly."
  • If that next session of the legislature agrees with the amendment by a simple majority vote of both chambers, "it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe."
  • If a general statewide vote approves the amendment by a simple majority vote, it becomes a part of the constitution beginning in January of the following year.[36]
  • According to Section 2 of Article XIX, a question as to whether there shall be a convention is to appear on the statewide ballot every 20 years beginning in 1957.
  • The New York State Legislature can also refer a question to the ballot about whether to hold a convention.
  • The New York Constitution is the only state constitution that describes the constitutional convention process that specifically says what to do should a delegate to the convention die while the convention is still ongoing.



2021 measures:

Below is a list of measures that were referred to the 2021 ballot by the legislature or that have made it approximately halfway through the process in the legislature for referral to the ballot in 2021.

See also: New York 2021 ballot measures

Certified:

The following measures have been certified for the ballot.


Potential:

The following measures have made it through one chamber—or one session for two session states—and may appear on the ballot in 2021.

No measures to list

See also[edit]

Elections New York State Government State Legislatures State Politics
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External links[edit]

Footnotes[edit]

  1. New York Board of Elections, "2018 Political Calendar," accessed December 22, 2017
  2. New York Board of Elections, "2018 Political Calendar," accessed December 22, 2017
  3. WXXI, "State Assembly is always in session," August 10, 2017
  4. Ledger-Enquirer, "Wages, ethics, schools top issues facing NY lawmakers in '16," accessed January 6, 2016
  5. wamc.org, "Another NYS Legislative Session Underway... Lawmakers Ready To Tackle Issues," accessed January 21, 2014
  6. Vermont Public Radio, "New York Lawmakers Face Major Issues In 2015," accessed January 21, 2014
  7. Epoch Times, "After speech, Cuomo looks to get agenda approved," January 9, 2014
  8. Spokesman Review, "NY legislative leaders buckle down on gun controls," January 9, 2013
  9. Yahoo News, "NY seals 1st state gun laws since Newtown massacre," January 15, 2013
  10. uticaod.com, "Cuomo creates panel to investigate Legislature," July 2, 2013
  11. Moreland Commission, "Moreland Commission to Investigate Public Corruption Releases Report," December 2, 2013
  12. Poughkeepsie Journal, "Divisive issues to test Cuomo's popularity in 2nd year," January 9, 2012
  13. National Conference of State Legislatures, "2011 Legislative Sessions Calendar," accessed June 6, 2014(Archived)
  14. National Conference of State Legislatures, "2010 Legislative Sessions Calendar," accessed June 19, 2014(Archived)
  15. 15.0 15.1 15.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2015," accessed February 5, 2021
  16. 16.0 16.1 16.2 16.3 All About Redistricting, "New York," accessed May 8, 2015
  17. Cite error: Invalid <ref> tag; no text was provided for refs named nyirc
  18. The Legislative Gazette, "Redistricting Commission sets public hearings on proposed election maps," September 21, 2021
  19. Gotham Gazette, "New York Redistricting Process Heads Into Map-Drawing Phase," Sept. 3, 2021
  20. Wall Street Journal, "New York State Loses 2 Seats in House," accessed December 22, 2010
  21. Auburn Pub, "Koch expects legislators to deliver on pledge," January 2, 2011
  22. New York Daily News, "State Senate Republicans mull adding extra seat to 62-member body," September 19, 2011
  23. New York Daily News, "Gov. Andrew Cuomo vows to veto Republicans' redistricting plan," January 26, 2012
  24. Syracuse.com, "New York releases its final redistricting maps for state Senate and Assembly districts," March 12, 2012
  25. Reuters, "New York lawmakers approve redistricting amendment," March 15, 2012
  26. Capital New York, "Cuomo says redistricting is fixed, and on transparency: 'You can't live your life in a goldfish bowl'," March 15, 2012
  27. Cite error: Invalid <ref> tag; no text was provided for refs named cong_approved
  28. New York Senate, "New York Constitution, Article XIII, Section 4," accessed November 1, 2021
  29. 29.0 29.1 census.gov, "Population Distribution and Change: 2000 to 2010," accessed May 15, 2014
  30. 30.0 30.1 census.gov, "Census 2000 PHC-T-2. Ranking Tables for States: 1990 and 2000," accessed May 15, 2014
  31. The New York Times, "G.O.P. Regains Control of New York State Senate," June 8, 2009
  32. The Washington Post, "Stalemate in N.Y. State Senate Appears to Be Resolved as Democrat Rejoins Caucus," July 10, 2009
  33. NY Senate, "Independent Democratic Conference, Senate Republicans Announce Creation of Historic Bipartisan Partnership," December 4, 2012
  34. Times Union, "IDC will once again partner with Senate GOP," January 2, 2017
  35. NY Times, "State Assembly's Democrats Try to Dominate, as Republicans Try to Survive," August 22, 1982
  36. New York Senate, "Constitution of New York State," accessed June 19, 2014

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