2021 will be the first time New York conducts redistricting under a new regime. In 2014, as part of a political compromise between the legislature and governor, a constitutional amendment was proposed and eventually approved by voters that establish a redistricting advisory commission, new redistricting criteria, and other rules to increase fairness and participation in the redistricting process. Here is a summary of the process.
Redistricting Commission: The amendment creates a 10-member commission, eight of whom are chosen by legislative leaders (speaker, senate president and the minority leaders in each house). Four members are chosen from the majority party and four from the minority party. The final two members must be unaffiliated with any party and are chosen by the initial eight members.
The commission is designed to be “somewhat” independent from the legislature. Commission members cannot have served in the last three years as a State legislator, member of congress, statewide elected official, a legislative or state employee, political party chair or lobbyist. Spouses of these individuals are also prohibited from serving.
The commission has the authority to draw congressional and state legislative maps for the legislature’s approval. If the first set of maps is not approved, the commission must submit a second map. The legislature draws its own maps if the commission’s second map(s) is not approved.
Enhanced Voting Requirements: The amendment also augments the voting rules for approving a map in the legislature to ensure that any final map has minority party support. If one party controls both chambers of the legislature, a supermajority of two-thirds of each chamber is required to approve a map. At least 60 percent of the legislators in each chamber must vote in favor to approve a plan if the chambers are under divided control and the Redistricting Commission did not approve a plan.
Redistricting Criteria: For the first time, the amendment identifies criteria for districts which include:
- Voting rights protections where districts cannot deny or abridge racial minority voting groups;
- An equal population standard where districts must contain equal numbers of people;
- Compactness and contiguity requirements for all districts;
- A prohibition on drawing districts that discourage competition or that favor or disfavor incumbents or partisan candidates; and
- A guideline to consider maintaining the cores of existing districts or pre-existing political subdivisions and to consider “communities of interest.”
The amendment does not specify any priority order for the criteria.
Public Hearing Requirement: The Commission is required to hold 12 public hearings around the State including the cities of Albany, Buffalo, Syracuse, Rochester, and White Plains; and in the following counties: Bronx, Kings, New York, Queens, Richmond, Nassau, and Suffolk. (Art III, Sec 6)
The amendment also details specific publication requirements for its draft plans and other related data prior to its public meetings.
The commission’s first set of maps must be presented to the legislature on January 1, 2022, or the 15th if more time is needed. If the maps are not approved, the commission has until February 28th to introduce a second set of maps.
