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New York Proposal 1, Redistricting Changes Amendment (2021)

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New York Proposal 1
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Election date
November 2, 2021
Topic
Redistricting measures
Status
Defeatedd Defeated
Type
Constitutional amendment		Origin
State legislature
2021 measures
November 2
New York Proposal 1 Defeated
New York Proposal 2 Approved
New York Proposal 3 Defeated
New York Proposal 4 Defeated
New York Proposal 5 Approved
Polls
Voter guides
Campaign finance
Signature costs

New York Proposal 1, the New York Redistricting Changes Amendment, was on the ballot in New York as a legislatively referred constitutional amendment on November 2, 2021. It was defeated.

A "yes" vote supported this measure to: 

* (a) change the vote thresholds for adopting redistricting plans when one political party controls both legislative chambers;

* (b) require that incarcerated persons be counted at the place of their last residence for redistricting;

* (c) require the state to count residents, including people who are residents but not citizens, should the federal census fail to do so;

* (d) remove the block-on-border requirement for Senate districts;

* (e) cap the number of state senators at 63; and 

* (f) move up the timeline for redistricting and repeal inoperative language. 

A "no" vote opposed this this constitutional amendment, thus maintaining the existing vote thresholds for adopting redistricting plans when one political party controls both legislative chambers, keeping the existing timeline for redistricting, and allowing the number of state senators to be increased above 63.

Election results[edit]

New York Proposal 1

Result Votes Percentage
Yes 1,202,106 44.19%

Defeated No

1,518,442 55.81%
Precincts reporting: 99%
Election results are unofficial until certified. These results were last updated on November 4, 2021 at 10:12:30 AM Eastern Time.
Source

Overview[edit]

How did New York conduct redistricting?[edit]

As of 2021, a 10-member redistricting commission was responsible for designing congressional and state legislative maps and submitting them to the New York State Legislature for an up-or-down vote.

The state Legislature could not amend the redistricting plans unless two separate sets of plans are rejected. In 2014, voters approved a constitutional amendment, titled Proposal 1, to establish the redistricting commission and the current process.

The 10-member commission was composed of eight members appointed by majority and minority party legislative leaders. These eight members appointed the remaining two members, who could not be registered with the two largest legislative officeholding political parties in the state. Based on the 2021 partisan makeup of the state Legislature, the commission iwas designed to include four Democratic-appointed commissioners, four Republican-appointed commissioners, and two commissioners who were neither Democrats or Republicans.

Proposal 1 of 2014 established vote requirements for the commission and legislature to pass redistricting plans. The vote requirements were based on party control of the legislature. If control of the legislature was divided (for example, if Republicans controlled the Senate and Democrats controlled the Assembly), then a simple majority vote was required for the legislature to adopt maps. If the legislature was controlled by a single party (as was the case in 2021), then a two-thirds majority vote was required for the legislature to adopt maps.

How would this ballot measure have changed the redistricting voting requirements in New York?[edit]

The ballot measure would have repealed the higher vote threshold for adopting redistricting plans when the legislature is controlled by a single party. In other words, a simple majority vote would have been required for the legislature to adopt plans regardless of party control. Among commissioners, an affirmative vote of seven members would have been required to send plans to the legislature, rather than the existing requirement that seven of the members include specific members appointed by legislative leaders of both parties. If the legislature rejects two sets of redistricting plans from the commission, it would have been allowed to approve amended maps by a 60 percent vote, rather than a 60 percent vote when party control is divided and a two-thirds vote when one party controls both chambers.[1]

What else would the ballot measure have changed about redistricting?[edit]

The ballot measure would have capped the number of state senators at 63, which was the number of state senators as of 2021.[1]

New York would have been required to count residents of the entire state, including people who are residents but not citizens, should the federal census fail to do so. New York would have been required to count incarcerated persons at the place of their last residence for redistricting purposes.[1]

The ballot measure would have also removed the block-on-border requirement for state Senate districts. The block-on-border requirement would have prohibited redistricting plans from dividing towns, but not cities, in drawing Senate districts.[1]

How did this measure get on the ballot[edit]

See also: Path to the ballot

Proposal 1, a constitutional amendment, originated in the New York State Legislature. In New York, a constitutional amendment must be approved by the legislature during two successive legislative sessions with an election for state legislators in between to go before voters. The constitutional amendment was passed in 2020 and 2021. In the Senate during the 2021 session, Democrats supported the amendment, while Republicans voted against the proposal. In the Assembly, 99 Democrats, along with one member of the Independence Party, voted to refer the amendment. Republicans, along with seven Democrats, voted against the measure.

Measure design[edit]

Click on the arrows (▼) below for summaries of the different provisions of the constitutional amendment.

Redistricting Commission: Understanding the existing commission and proposed changes to co-executive director appointment

The ballot measure would not have changed the composition of the 10-member redistricting commission or the commission's powers, which were established in 2014. The 10 members of the commission are appointed as follows:[1]

Appointment Commissioners
State Assembly Speaker appoints two commissioners
Assembly Minority Leader appoints two commissioners
State Senate Temporary President appoints two commissioners
Senate Minority Leader appoints two commissioners
The eight members appointed by legislative leaders after legislative leaders appoint eight commissioners, these eight members appoint two additional commissioners registered with neither of the two major legislative political parties

The redistricting commission was also required to appoint two co-executive directors. As of 2021, the vote requirement for appointing co-executive directors was based on partisan control of the legislature. The following is a comparison of the current requirement and proposed requirement:[1]

Current Proposed
(a) If one party controls the Assembly and Senate, a majority vote of commissioners is required to appoint a co-executive director, including an affirmative vote from at least one of each legislative leaders' two appointees

(b) If party control of the Assembly and Senate is divided, a majority vote of commissioners is required to appoint a co-executive director, including an affirmative vote from at least one of Assembly speaker's appointees and one of the Senate temporary president's appointees

a simple majority vote of the commissioners is required to appoint a co-executive director regardless of partisan control of the legislature

Vote Requirements: Thresholds for the commission and legislature to pass redistricting plans and legislation

The redistricting commission was responsible for drafting maps, but the New York State Legislature was responsible for adopting them through an up-or-down vote. The legislature could not amend the commission's plans unless the legislature (or governor's non-overridden veto) had rejected the commission's first proposal and subsequent proposal.

As of 2021, the vote thresholds for the commission to pass redistricting plans and for the legislature to adopt redistricting plans were based on partisan control of the legislature. A divided legislature meant that vote thresholds were lower. A legislature controlled by a single party meant that vote thresholds were higher. An example of a divided legislature was 2011 through 2018 in New York, where Republicans controlled the Senate and Democrats controlled the Assembly. An example of a legislature controlled by a single party was the 2021 New York State Legislature, where Democrats controlled both the Senate and Assembly.

Proposal 1 would have removed the higher threshold requirements for when a single party controls both legislative chambers. In other words, there would have been one vote requirement for commission and legislative votes regardless of party control.

The following is a comparison of the current vote requirements and proposed vote requirements:[1]

Step Current Proposed
Commission vote to approve a redistricting plan (a) Divided party control: approval requires a vote of 7 of 10 members, including at least one member appointed by the Assembly speaker and one member appointed by the Senate temporary president

(b) Single party control: approval requires a vote of 7 of 10 members, including at least one member appointed by each of the four legislative leaders 		approval requires a vote of 7 of 10 members
Legislative vote on commission-adopted plan (a) Divided party control: a simple majority vote in each legislative chamber

(b) Single party control: a two-thirds vote in each legislative chamber 		a simple majority vote is required in each legislative chamber
Legislative vote on plans after commission plans twice rejected (a) Divided party control: a 60 percent vote is required

(b) Split party control: a two-thirds vote is required 		a 60 percent vote is required

Timeline: Changes to the commission's timeline for redistricting plans

The ballot measure would have moved up the dates in the commission's timeline for adopting and presenting maps to the state legislature. The following is a comparison of the current timeline and proposed timelines:[1]

Step Current 2021-2022 Cycle Future Cycles
Commission must submit a plan to the legislature January 15 of year ending in two (e.g. January 15, 2022) January 1, 2022 November 15 of year ending in one (e.g. November 15, 2031)
Commission must submit a second plan (should the first one be rejected) February 28 of year ending in two (e.g. February 28, 2022) January 15, 2022 January 1 of year ending in two (e.g. January 1, 2032)
Date at which legislature gets to vote on amended plans When the legislature rejects both the commission's proposals When legislature rejects both of the commission's proposals or, should the commission fail to adopt a plan, January 1, 2022 When legislature rejects both of the commission's proposals or, should the commission fail to adopt a plan, November 1 of the year ending in one (e.g. November 1, 2031)

Senate Size Cap: Cap on the number of state senators

As of 2021, there were 63 members of the New York State Senate. The ballot measure would have added this current number to the state constitution, capping the future size of the state Senate at 63. A constitutional amendment, rather than statute, would have been needed to increase the size of the Senate[1]

Repeal of Block-on-Border Requirement: Repeal block-on-border requirement from state constitution

The ballot measure would have removed the block-on-border and town-on-border requirements from the criteria that the redistricting commission must consider in drafting plans for the New York Senate. The block-on-border requirement prohibited redistricting plans from dividing towns, but not cities, in drawing Senate districts.[1]

Reapportionment of Prison Population:Count prisoners at place of last residence for reapportionment

XX[1]

Apportionment of Non-Citizen Residents: State to count non-citizen residents should the census exclude them

The ballot measure would have required the state to count non-citizen residents for redistricting purposes should census data exclude them.[1]

Text of measure[edit]

Ballot title[edit]

The ballot question was as follows:[2]

“

Amending the Apportionment and Redistricting Process

This proposed constitutional amendment would freeze the number of state senators at 63, amend the process for the counting of the state’s population, delete certain provisions that violate the United States Constitution, repeal and amend certain requirements for the appointment of the co-executive directors of the redistricting commission and amend the manner of drawing district lines for congressional and state legislative offices. Shall the proposed amendment be approved?[3]

”

Ballot summary[edit]

The ballot summary was as follows:[2]

“

The purpose of this proposal is to amend the portions of Article III of the New York Constitution that relate to the way district lines for congressional and state legislative offices are determined.

The proposal would do the following:

  • Amend and repeal portions of the state constitutional amendment adopted by voters in 2014 that created a redistricting commission.
  • Allow the redistricting commission to appoint two co-executive directors by simple majority vote, without consideration as to the party affiliation of the individual being appointed. Furthermore, this amendment would eliminate the alternative process currently in place that allows for the appointment of co-executive directors and co-deputy executive directors by the legislature should the redistricting commission fail to appoint co-executive directors, and remove the requirement that the two co-executive directors of the redistricting commission be members of different political parties.
  • Freeze the number of state senators at the current number of 63. Currently, under the state constitution, the number of senators was originally set at 50 and thereafter increased over time to 63.
  • Require that state assembly and senate district lines be based on the total population of the state, and require the state to count all residents, including non-citizens and Native Americans if the federal census fails to include them.
  • Provide for incarcerated people to be counted at their place of last residence, instead of at their place of incarceration, for the purpose of redistricting. This practice is already established by state statute for Senate and Assembly districts.
  • Revise the procedure for drawing and approving Congressional and state legislative districts scheduled to be first applied in 2022. The proposed amendment would alter the redistricting procedure in the following ways:
    • Change the redistricting map approval procedures for the redistricting commission and legislature by making changes to the voting thresholds needed to approve/adopt a plan. Under this proposal:
      • Approval of a plan by the redistricting commission would require at least seven votes, out of the ten commissioners, in favor thereof. There would no longer be a requirement that at least one commissioner appointed by each of the legislative leaders vote in favor of a plan in order to approve it. A plan approved by at least seven commissioners must be approved by a majority of each house of the legislature to be approved.
      • However, in the event that the redistricting commission votes on but does not have the seven votes needed to approve a plan, the commission is required to send the legislature the redistricting plan or plans that garnered the most votes. The legislature would be able to adopt such plan with a 60% majority. This amendment would repeal the requirement that in the event the speaker of the assembly and the temporary president of the senate are members of the same political party, approval shall require the vote in support of it’s passage by at least two thirds of the members elected in each house. If the commission fails to vote on any plan or plans by the deadline, all plans, including draft plans in the commission’s possession are sent to the legislature, and each house of the legislature can introduce and adopt such a plan with or without amendments.
      • The redistricting commission voting requirements and legislative vote thresholds for approving the commission’s plan would no longer vary depending on the political affiliation of the Temporary President of the Senate and the Speaker of the Assembly.
    • Require the redistricting commission that draws the lines to submit its redistricting plan and implementing legislation to the Legislature two months earlier than called for under the current procedure the timeline set forth in the 2014 state constitutional amendment. (For the redistricting cycle due to proceed in 2022, the time frame would be condensed to meet election-related deadlines).
  • Remove certain restrictions on how Senate district lines are drawn, including the “block on border” rule that require placing of blocks on the border of districts in certain districts.
  • Delete certain provisions that the United States Supreme Court has deemed unconstitutional.[3]
 ”

Constitutional changes[edit]

See also: Article III, New York Constitution

The measure would have amended Sections 2, 3, 4, 5-a, 5-b, and 5 of Article III of the New York Constitution. The following underlined text would have been added and struck-through text would have been deleted:

Note: Use your mouse to scroll over the below text to see the full text.

Section 2

The senate shall consist of fifty sixty-three members, except as hereinafter provided. The senators elected in the year one thousand eight hundred and ninety-five shall hold their offices for three years, and their successors shall be chosen for two years. The assembly shall consist of one hundred and fifty members. The assembly members elected in the year one thousand nine hundred and thirty-eight, and their successors, shall be chosen for two years.

Section 3

The senate districts described in section three of article three of this constitution as adopted by the people on November sixth, eighteen hundred ninety-four are hereby continued for all of the purposes of future reapportionments of senate districts pursuant to section four of this article.

Section 4

(a) 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 therefore. 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 total number of inhabitants of the entire state, including the number of aliens or and 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. If a federal census fails to provide enumeration and identification of incarcerated persons, the appropriate state entities shall provide information sufficient to re-enumerate incarcerated persons to their place of last residence for the purposes of drawing district lines, no later than September first of any year ending in one. 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. 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. In the reapportionment of senate districts, no district shall 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.

(b) The independent redistricting commission established pursuant to section five-b 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 November first or as soon as practicable thereafter but no later than January November fifteenth in the year ending in two beginning in two thousand twenty-two one. 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 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. If approved by both houses, such legislation shall be presented to the governor for action.

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, each house or the governor if he or she vetoes it, shall notify the commission that such legislation has been disapproved. Within fifteen days of such notification and in no case later than February twenty-eighth January first, the redistricting commission shall prepare and submit to the legislature a second redistricting plan and the necessary implementing legislation for such plan. 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. If approved by both houses, such legislation shall be presented to the governor for action. In the year two thousand twenty-two only, the commission shall submit to the legislature a first redistricting plan no later than January first, two thousand twenty-two. 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, each house or the governor if he or she vetoes it, shall promptly notify the commission that such legislation has been disapproved. No later than January fifteen, two thousand twenty-two, the redistricting commission shall prepare and submit to the legislature a second redistricting plan and the necessary implementing legislation for such plan. 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. If approved by both houses, such legislation shall be presented to the governor for action.

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, or the redistricting commission fails to vote on a redistricting plan and implementing legislation by the required deadline and makes a submission to the legislature pursuant to subdivision (g-1) of section five-b of this article, 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.

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:

(1) In the event that the speaker of the assembly and the temporary president of the senate are members of two different political parties, approval Approval of legislation submitted by the independent redistricting commission pursuant to subdivision (f) of section five-b of this article shall require the vote in support of its passage by at least a majority of the members elected to each house.
(2) In the event that the speaker of the assembly and the temporary president of the senate are members of two different political parties, approval Approval of legislation submitted by the independent redistricting commission pursuant to subdivision (g) of section five-b of this article shall require the vote in support of its passage by at least sixty percent of the members elected to each house.
(3) 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 (f) or (g) of section five-b of this article shall require the vote in support of its passage by at least two-thirds of the members elected to each house.

(c) 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:

(1) 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.
(2) 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.
(3) Each district shall consist of contiguous territory.
(4) Each district shall be as compact in form as practicable.
(5) 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.
(6) 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. To the extent practicable, all incarcerated persons shall be re-numerated to their place of last residence for the purposes of drawing district lines.

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.

(d) The ratio for apportioning senators shall always be obtained by dividing the number of inhabitants, excluding aliens, by fifty sixty-three, and the senate shall always be composed of fifty sixty-three 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.

(e) The process for redistricting congressional and state legislative districts established by this section and sections five and five-b of 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.

Section 5-a

For the purpose of apportioning senate and assembly districts pursuant to the foregoing provisions of this article, the term "inhabitants, excluding aliens" shall mean the whole number of persons.

Section 5-b

(a) 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:

(1) two members shall be appointed by the temporary president of the senate;
(2) two members shall be appointed by the speaker of the assembly;
(3) two members shall be appointed by the minority leader of the senate;
(4) two members shall be appointed by the minority leader of the assembly;
(5) two members shall be appointed by the eight members appointed pursuant to paragraphs (1) through (4) 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;
(6) one member shall be designated chair of the commission by a majority of the members appointed pursuant to paragraphs (1) through (5) of this subdivision to convene and preside over each meeting of the commission.

(b) The members of the independent redistricting commission shall be registered voters in this state. No member shall within the last three years:

(1) be or have been a member of the New York state legislature or United States Congress or a statewide elected official;
(2) be or have been a state officer or employee or legislative employee as defined in section seventy- three of the public officers law;
(3) be or have been a registered lobbyist in New York state;
(4) 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;
(5) be the spouse of a statewide elected official or of any member of the United States Congress, or of the state legislature.

(c) 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.

(d) Vacancies in the membership of the commission shall be filled within thirty days in the manner provided for in the original appointments.

(e) The legislature shall provide by law for the compensation of the members of the independent redistricting commission, including compensation for actual and necessary expenses incurred in the performance of their duties.

(f) 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 (5) of subdivision (a) 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:

(1) 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.
(2) 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 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 the speaker of the assembly and one member appointed by the temporary president of the senate.

(g) In the event that the commission is unable to obtain seven votes to approve a redistricting plan on or before January November first in the year ending in two one 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 subdivision (b) of section four of this article.

(g-1) If the commission does not vote on any redistricting plan or plans, for any reason, by the date required for submission of such plan by this article, the commission shall submit to the legislature all plans in its possession, both completed and in draft form, and the data upon which such plans are based.

(h)   (1) The independent redistricting commission shall appoint two co-executive directors by a majority vote of the commission in accordance with the following procedure:

(i) In the event that 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.
(ii) 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.
(2) 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.
(3) 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:
(i) 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.
(ii) 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.
(4) 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.
(i) 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.

Section 5

The members of the assembly shall be chosen by single districts and shall be apportioned pursuant to this section and sections four and five-b of this article at each regular session at which the senate districts are readjusted or altered, and by the same law, among the several counties of the state, as nearly as may be according to the number of their respective inhabitants, excluding aliens. Every county heretofore established and separately organized, except the county of Hamilton, shall always be entitled to one member of assembly, and no county shall hereafter be erected unless its population shall entitle it to a member. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, entitle it to a member. But the legislature may abolish the said county of Hamilton and annex the territory thereof to some other county or counties.

The quotient obtained by dividing the whole number of inhabitants of the state, excluding aliens, by the number of members of assembly, shall be the ratio for apportionment, which shall be made as follows: One member of assembly shall be apportioned to every county, including Fulton and Hamilton as one county, containing less than the ratio and one-half over. Two members shall be apportioned to every other county. The remaining members of assembly shall be apportioned to the counties having more than two ratios according to the number of inhabitants, excluding aliens. Members apportioned on remainders shall be apportioned to the counties having the highest remainders in the order thereof respectively. No county shall have more members of assembly than a county having a greater number of inhabitants, excluding aliens.

The assembly districts, including the present ones, as existing immediately before the enactment of a law making an apportionment of members of assembly among the counties, shall continue to be the assembly districts of the state until the expiration of the terms of members then in office, except for the purpose of an election of members of assembly for full terms beginning at such expirations.

In any county entitled to more than one member, the board of supervisors, and in any city embracing an entire county and having no board of supervisors, the common council, or if there be none, the body exercising the powers of a common council, shall assemble at such times as the legislature making an apportionment shall prescribe, and divide such counties into assembly districts as nearly equal in number of inhabitants, excluding aliens, as may be, of convenient and contiguous territory in as compact form as practicable, each of which shall be wholly within a senate district formed under the same apportionment, equal to the number of members of assembly to which such county shall be entitled, and shall cause to be filed in the office of the secretary of state and of the clerk of such county, a description of such districts, specifying the number of each district and of the inhabitants thereof, excluding aliens, according to the census or enumeration used as the population basis for the formation of such districts; and such apportionment and districts shall remain unaltered until after the next reapportionment of members of assembly, except that the board of supervisors of any county containing a town having more than a ratio of apportionment and one-half over may alter the assembly districts in a senate district containing such town at any time on or before March first, nineteen hundred forty-six. In counties having more than one senate district, the same number of assembly districts shall be put in each senate district, unless the assembly districts cannot be evenly divided among the senate districts of any county, in which case one more assembly district shall be put in the senate district in such county having the largest, or one less assembly district shall be put in the senate district in such county having the smallest number of inhabitants, excluding aliens, as the case may require. Nothing in this section shall prevent the division, at any time, of counties and towns and the erection of new towns by the legislature.

An apportionment by the legislature, or other body, shall be subject to review by the supreme court, at the suit of any citizen, under such reasonable regulations as the legislature may prescribe; and any court before which a cause may be pending involving an apportionment, shall give precedence thereto over all other causes and proceedings, and if said court be not in session it shall convene promptly for the disposition of the same. The court shall render its decision within sixty days after a petition is filed. 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.[3]

Readability score[edit]

See also: Ballot measure readability scores, 2021
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The New York Board of Elections wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 20, and the FRE is 11. The word count for the ballot title is 68, and the estimated reading time is 18 seconds. The FKGL for the ballot summary is grade level 15, and the FRE is 33. The word count for the ballot summary is 663, and the estimated reading time is 2 minutes, 56 seconds.


Support[edit]

Yes on 1, 3, 4 led the campaign in support of Proposal 1, Proposal 3, and Proposal 4.[4]

Supporters[edit]

Officials

Political Parties

Organizations

  • Common Cause New York
  • Empire State Indivisible
  • New York Public Interest Research Group
  • Stand Up America


Arguments[edit]

  • Sen. Michael Gianaris (D-12): "We’re dealing with a process set up by Republicans when they had (Senate) control to achieve a specific partisan result. What we’re doing is removing the partisan bias in this process."


Opposition[edit]

Opponents[edit]

Arguments[edit]

  • Senate Minority Leader Rob Ortt (R-62): "If approved, this proposal would give Democrats wide latitude to draw and adopt district lines advancing their own partisan interests. They are attempting to disregard the will of millions of New Yorkers who supported independent redistricting, and instead pick their voters behind closed doors. Top Democrats — including our new governor — haven’t hid the true goal of this amendment. A partisan redistricting process would allow them to increase their political power in Washington and Albany."
  • Sen. Patrick Gallivan (R-59): "It stifles the voice of the minority, it denies the will of the people and it’s the antithesis of independence."


Campaign finance[edit]

The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through October 22, 2021. The deadline for the next scheduled reports is November 29, 2021.

See also: Campaign finance requirements for New York ballot measures

Ballotpedia identified the Yes on 1, 3, 4 PAC as supporting the constitutional amendment.[6]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $11,937.41 $11,937.41 $0.00 $11,937.41
Oppose $0.00 $0.00 $0.00 $0.00 $0.00

Support[edit]

The contribution and expenditure totals for the committee supporting the ballot measure were as follows:[6]

Committees in support of Proposal 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Yes on 1, 3, 4 $0.00 $11,937.41 $11,937.41 $0.00 $11,937.41
Total $0.00 $11,937.41 $11,937.41 $0.00 $11,937.41

Donors[edit]

The following were the top donors to the support committee:[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
Common Cause NY $0.00 $11,656.16 $11,656.16
New York Public Interest Research Group $0.00 $281.25 $281.25

Methodology[edit]

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials[edit]

See also: 2021 ballot measure media endorsements

Support[edit]

  • The Buffalo News Editorial Board: "The proposal would also strike down the requirement that the redistricting commission be headed by co-directors from opposing parties. The dueling maps produced by the commission this year show the bipartisan arrangement is not all it’s cracked up to be."


Opposition[edit]

  • Advance Media NY (The Post-Standard) Editorial Board: "Proposal 1 also would establish new deadlines for adopting redistricting maps to accommodate a June primary; count non-citizens and prisoners in their home communities for the purposes of redistricting; freeze the number of state senate districts at 63; and remove outdated language from the constitution. Each of those proposals should have stood alone on the ballot so voters could decide them on their merits. Instead, it’s all or nothing. Vote down the whole mess."
  • The Post-Journal Editorial Board: "In our view, the 2014 compromise between Assembly Democrats and Senate Republicans struck a balance between the two parties that resulted in a modicum of fairness when drawing legislative districts. The 2014 compromise, if allowed to stand, provides a momentary speed bump before a plan is imposed on Republicans. Democrats want to remove that speed bump. Our system of checks and balances exists for a reason, and in our view voters should uphold them here. Vote no on Proposition 1."


Background[edit]

New York Proposal 1 (2014)[edit]

New York Redistricting Commission Amendment, Proposal 1 (2014)

In 2014, voters approved a constitutional amendment, titled Proposal 1, to establish the 10-member redistricting commission. Proposal 1 received 57.7% of the vote.

Before Proposal 1, the New York State Legislature was responsible for drawing congressional and state legislative district boundaries. There was a six-member redistricting commission, but it only acted in an advisory role.

In the New York State Legislature, Proposal 1 was sponsored by Assembly Speaker Sheldon Silver (D-65) and Senate Co-President Dean Skelos (R-9).[7]

Procedures for congressional redistricting in U.S.[edit]

Most states are required to draw new congressional district lines every 10 years following completion of United States Census (those states comprising one congressional district are not required to redistrict). As of 2021, in 33 of these states, state legislatures played the dominant role in congressional redistricting. In eight states, commissions drew congressional district lines. In two states, hybrid systems were used, in which the legislatures shared redistricting authority with commissions. The remaining states comprised one congressional district each, rendering redistricting unnecessary. See the map and table below for further details.[8][9]

Procedures for state legislative redistricting in U.S.[edit]

Constitutional amendments on New York ballots[edit]

In New York, the state legislature can propose amendments to the state constitution. Between 1995 and 2020, the state legislature referred 25 constitutional amendments to the ballot. Voters approved 19 (76%) of the proposed amendments. The last election to feature constitutional amendments in New York was November 7, 2017. The following chart illustrates trends in constitutional amendments on the ballot in New York:

Constitutional amendments on the ballot in New York, 1995-2018
Total number Approved Percent approved Defeated Percent defeated Odd-year average Odd-year median Odd-year minimum Odd-year maximum
25 19 76.0% 6 24.0% 1.7 1.0 0 6

Path to the ballot[edit]

See also: Amending the New York Constitution

In New York, a constitutional amendment requires a simple majority vote in each chamber of the New York State Legislature in two successive legislative sessions with an election for state legislators in between.

203rd New York State Legislature[edit]

The constitutional amendment was introduced into the 203rd New York State Legislature (2019-2020).[1] On July 23, 2020, the New York State Senate and New York State Assembly passed the constitutional amendment.[1]

In the Assembly, Democrats supported the amendment, and Republicans opposed the amendment. In the Senate, 91 Democrats supported the amendment, and Republicans, along with nine Democrats, opposed the amendment.[1]

Vote in the New York Senate
July 23, 2020
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 31  Approveda
YesNoNot voting
Total40200
Total percent66.67%33.33%0%
Democrat4000
Republican0200
Vote in the New York State Assembly
July 23, 2020
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 73  Approveda
YesNoNot voting
Total91504
Total percent62.76%34.48%2.76%
Democrat9093
Republican0411
Independence100

204th New York State Legislature[edit]

Legislators of the 204th State Legislature (2021-2022) approved the constitutional amendment. On January 12, 2021, the Senate voted 42 to 20 to pass the constitutional amendment. Democrats voted 'yes' on the amendment, and Republicans voted 'no' on the amendment. On January 20, 2021, the Assembly voted 100 to 50 to pass the constitutional amendments. Most Democrats (99 of 106) voted 'yes' on the amendment, and seven Democrats and all 43 Republicans voted 'no' on the amendment.[10]

Vote in the New York Senate
January 12, 2021
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 32  Approveda
YesNoNot voting
Total42201
Total percent66.67%31.74%1.59%
Democrat4201
Republican0200
Vote in the New York State Assembly
January 20, 2021
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 76  Approveda
YesNoNot voting
Total100500
Total percent66.67%33.33%0.00%
Democrat9970
Republican0430
Independence100

How to cast a vote[edit]

See also: Voting in New York

Click "Show" to learn more about voter registration, identification requirements, and poll times in New York.

See also[edit]

External links[edit]

Footnotes[edit]

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 New York State Senate, "Senate Bill 8833," accessed July 24, 2020
  2. ↑ 2.0 2.1 New York Board of Elections, "2021 Statewide Ballot Proposals," accessed August 29, 2021
  3. ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. ↑ Yes on 1, 3, 4, "Homepage," accessed October 25, 2021
  5. ↑ Adirondack Daily Enterprise, "Stefanik wrong about Cuomo being part of constitutional amendment on redistricting rules," January 25, 2020
  6. ↑ 6.0 6.1 6.2 New York State Board of Elections, "Campaign Finance," accessed February 9, 2021
  7. ↑ New York State Assembly, "S02107 Summary," accessed January 20, 2014
  8. ↑ All About Redistricting, "Who draws the lines?" accessed March 25, 2015
  9. ↑ Brennan Center for Justice, "National Overview of Redistricting: Who draws the lines?" June 1, 2010
  10. ↑ New York State Senate, "S515," accessed January 13, 2021
  11. ↑ New York State Board of Elections, "Frequently Asked Questions," accessed October 17, 2019
  12. ↑ 12.0 12.1 New York State Board of Elections, “Register to Vote,” accessed October 4, 2019
  13. ↑ New York State Board of Elections, “Voter Registration Deadlines,” accessed October 4, 2019
  14. ↑ New York State Department of Motor Vehicles, “Register to Vote Online - Electronic Voter Registration Application,” accessed October 4, 2019
  15. ↑ Spectrum News, "Cuomo Signs Automatic Voter Registration Measure," December 22, 2020
  16. ↑ Office of the Governor of New York, "Governor Cuomo Signs New York Automatic Voter Registration Act of 2020 into Law," December 22, 2020
  17. ↑ National Conference of State Legislatures, "Provisional Ballots," accessed October 7, 2019
  18. ↑ FindLaw, "New York Consolidated Laws, Election Law - ELN § 5-210. Registration and enrollment and change of enrollment upon application," accessed November 12, 2019
  19. ↑ FindLaw, "New York Consolidated Laws, Election Law - ELN § 8-302. Voting;  verification of registration," accessed November 12, 2019
  20. ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," June 5, 2017
  21. ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
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