S T A T E   O F   N E W   Y O R K
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                                  5819

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend  the legislative law, in relation to apportionment of
  congressional, senate and assembly districts; and  to  repeal  section
  83-m of such law relating to the legislative task force on demographic
  research and reapportionment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the  "New  York
state independent citizens redistricting commission act".
  S  2. Subdivision 3 of section 5-a of the legislative law, as added by
chapter 630 of the laws of 1998, the opening  paragraph  as  amended  by
section  1  of  part QQ of chapter 56 of the laws of 2010, is amended to
read as follows:
  3. Any member of the assembly serving in a special capacity in a posi-
tion set forth in the following schedule shall be paid the allowance set
forth in such schedule only for the legislative term commencing  January
first,  two  thousand  eleven and terminating December thirty-first, two
thousand twelve:

                 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY

Chairman of legislative commission on public management
 systems ........................................................ 12,500
Chairman of legislative commission on science and
 technology ..................................................... 12,500
Co-chairman of the legislative commission on water
 resource needs of New York state and Long Island ......... no allowance
[Co-chairman of the legislative task force on
 demographic research and reapportionment ...................... 15,000]
Chairman of the assembly task force on farm,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08661-01-1
              

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 food and nutrition ............................................. 12,500
Ranking minority member of the assembly task force
 on farm, food and nutrition ..................................... 9,000
Chairman of the legislative commission on skills
 development and career education ............................... 12,500
Vice-Chairman of the legislative commission on the
 development of rural resources ................................. 12,500
  S  3.  Subdivision 5 of section 12 of the legislative law, as added by
chapter 141 of the laws of 1994, is amended to read as follows:
  5. Notwithstanding any provision of law to the contrary, services  and
expenses  of the legislative health service, legislative library, legis-
lative messenger service, legislative  ethics  committee,  [joint  oper-
ations  of  the legislative task force on demographic research and reap-
portionment]  INDEPENDENT   CITIZENS   REDISTRICTING   COMMISSION,   and
contributions  to the national conference of state legislatures shall be
payable after audit by and on the warrant of the comptroller upon vouch-
ers certified by the temporary president of the senate  or  his  or  her
designee and the speaker of the assembly or his or her designee.
  S 4. Section 83-m of the legislative law is REPEALED.
  S  5.  The  legislative  law is amended by adding a new article 6-A to
read as follows:
                               ARTICLE 6-A
                     APPORTIONMENT OF CONGRESSIONAL
                     AND STATE LEGISLATIVE DISTRICTS
SECTION 93. LEGISLATIVE INTENT.
        94. THE INDEPENDENT CITIZENS REDISTRICTING COMMISSION.
        95. COMMISSION SELECTION PROCESS.
        96. APPORTIONMENT.
        97. REFERENDUM; LEGISLATION.
        98. JUDICIAL REVIEW.
  S 93. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY  FINDS  AND  DECLARES
THAT:
  1.  THERE  IS  A  NEED  FOR INTENSIVE AND THOROUGH STUDY, RESEARCH AND
INQUIRY INTO THE TECHNIQUES AND METHODOLOGY TO BE USED BY THE BUREAU  OF
THE  CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT IN CARRYING OUT THE
DECENNIAL FEDERAL CENSUS.
  2. A TECHNICAL PLAN WILL BE NEEDED  TO  MEET  THE  REQUIREMENTS  OF  A
LEGISLATIVE  TIMETABLE  FOR A REAPPORTIONMENT OF THE SENATE AND ASSEMBLY
DISTRICTS AND THE CONGRESSIONAL DISTRICTS OF THE  STATE  BASED  ON  SUCH
CENSUS.
  3.  UNDER  CURRENT  LAW,  NEW  YORK LEGISLATORS DRAW THE DISTRICTS FOR
CONGRESS  AND  THE  LEGISLATURE.  ALLOWING  POLITICIANS  TO  DRAW  THESE
DISTRICTS,  TO MAKE THEM SAFE FOR INCUMBENTS, OR TO TAILOR THE DISTRICTS
FOR THE ELECTION OF THEMSELVES OR THEIR FRIENDS, OR TO BAR THE DISTRICTS
TO THE ELECTION OF THEIR ADVERSARIES, IS  A  SERIOUS  ABUSE  THAT  HARMS
VOTERS.
  4. POLITICIANS DRAW DISTRICTS THAT SERVE THEIR INTERESTS, NOT THOSE OF
OUR  COMMUNITIES.  CITIES, COUNTIES, AND COMMUNITIES ARE CURRENTLY SPLIT
BETWEEN BIZARRELY JAGGED CONGRESSIONAL DISTRICTS DESIGNED TO MAKE  THOSE
DISTRICTS SAFE FOR PARTICULAR PARTIES AND PARTICULAR INCUMBENTS. WE NEED
REFORM TO KEEP OUR COMMUNITIES TOGETHER SO EVERYONE HAS REPRESENTATION.
  5.  THIS  REFORM WILL MAKE THE REDISTRICTING PROCESS OPEN SO IT CANNOT
BE CONTROLLED BY WHICHEVER PARTY IS IN POWER. IT WILL GIVE THE POWER  OF
REDISTRICTING  TO THE INDEPENDENT CITIZENS REDISTRICTING COMMISSION. THE
MEMBERSHIP OF THE COMMISSION WILL HAVE THREE  GROUPS  OF  MEMBERS:  FIVE
DEMOCRATS; FIVE REPUBLICANS; AND FOUR MEMBERS REGISTERED WITH NEITHER OF

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THOSE  PARTIES, WHO WILL CARRY THE VOICES OF INDEPENDENT AND MINOR-PARTY
VOTERS WHO ARE COMPLETELY SHUT OUT  OF  THE  CURRENT  PROCESS.  THE  NEW
DISTRICTS WILL BE FAIR BECAUSE SUPPORT FROM ALL THREE GROUPS IS REQUIRED
FOR APPROVAL OF ANY NEW REDISTRICTING PLAN.
  6.   THE  INDEPENDENT  CITIZENS  REDISTRICTING  COMMISSION  WILL  DRAW
DISTRICTS BASED ON STRICT, NONPARTISAN RULES  DESIGNED  TO  ENSURE  FAIR
REPRESENTATION.  THIS  REFORM  TAKES  REDISTRICTING  OUT OF THE PARTISAN
BATTLES OF THE LEGISLATURE AND GUARANTEES REDISTRICTING WILL BE  DEBATED
IN  THE  OPEN IN PUBLIC MEETINGS. ALL MINUTES WILL BE POSTED PUBLICLY ON
THE INTERNET. EVERY ASPECT OF THIS PROCESS WILL BE OPEN TO  SCRUTINY  BY
THE PUBLIC AND THE PRESS.
  7. IN THE CURRENT PROCESS, POLITICIANS ARE CHOOSING THE VOTERS INSTEAD
OF  VOTERS HAVING A REAL CHOICE. THIS REFORM WILL PUT THE VOTERS BACK IN
CHARGE.
  8. ELECTIONS ARE SUPPOSED TO ALLOW VOTERS TO  CHOOSE  THEIR  REPRESEN-
TATIVES,  BUT  NEW  YORKERS HAVE BEEN DENIED TRUE CHOICE BECAUSE ELECTED
OFFICIALS HAVE HISTORICALLY BEEN ABLE TO DRAW DISTRICT LINES  TO  CHOOSE
THEIR  VOTERS.  NEW YORK LEGISLATIVE RACES ARE TYPICALLY NON-COMPETITIVE
BECAUSE OF THESE GERRYMANDERED DISTRICTS. IT IS  OUR  COMMON  DESIRE  TO
IMPROVE  NEW  YORK  STATE  GOVERNMENT  AND THE DEMOCRATIC PROCESS IN THE
STATE BY ENSURING THAT REDISTRICTING PURSUANT TO THE CENSUS BE CONSTITU-
TIONAL AND FAIR.
  S 94. THE INDEPENDENT  CITIZENS  REDISTRICTING  COMMISSION.  1.  THERE
SHALL  BE  CREATED  AN  INDEPENDENT CITIZENS REDISTRICTING COMMISSION TO
ASSIST THE LEGISLATURE IN THE REAPPORTIONMENT  OF  CONGRESSIONAL,  STATE
AND  ASSEMBLY DISTRICTS BASED ON THE ENSUING FEDERAL CENSUS, PURSUANT TO
SECTION TWO OF  ARTICLE  ONE  OF  THE  UNITED  STATES  CONSTITUTION  AND
SECTIONS FOUR AND FIVE OF ARTICLE THREE OF THE STATE CONSTITUTION.
  2.  THE COMMISSION SHALL BE CREATED NO LATER THAN THE THIRTIETH DAY OF
JUNE IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS  POSSIBLE  AFTER  THE
EFFECTIVE DATE OF THIS ARTICLE.
  3.  THE COMMISSION SHALL CONSIST OF FOURTEEN MEMBERS, AS FOLLOWS: FIVE
WHO ARE REGISTERED WITH THE LARGEST POLITICAL PARTY IN NEW YORK BASED ON
REGISTRATION, FIVE WHO ARE REGISTERED WITH THE SECOND LARGEST  POLITICAL
PARTY  IN NEW YORK BASED ON REGISTRATION AND FOUR WHO ARE NOT REGISTERED
WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW  YORK  BASED  ON
REGISTRATION.  THE MEMBERS SHALL BE SELECTED PURSUANT TO THE PROCESS SET
FORTH IN SECTION NINETY-FIVE OF THIS ARTICLE.
  4. EACH COMMISSION MEMBER SHALL BE A VOTER WHO HAS  BEEN  CONTINUOUSLY
REGISTERED  IN  NEW  YORK  WITH THE SAME POLITICAL PARTY OR UNAFFILIATED
WITH A POLITICAL PARTY AND WHO HAS NOT CHANGED  POLITICAL  PARTY  AFFIL-
IATION  FOR  FIVE OR MORE YEARS IMMEDIATELY PRECEDING THE DATE OF HIS OR
HER APPOINTMENT. EACH COMMISSION MEMBER SHALL HAVE VOTED IN TWO  OF  THE
LAST  THREE STATEWIDE GENERAL ELECTIONS IMMEDIATELY PRECEDING HIS OR HER
APPLICATION.
  5. THE TERM OF OFFICE OF EACH MEMBER OF THE  COMMISSION  EXPIRES  UPON
THE APPOINTMENT OF THE FIRST MEMBER OF THE SUCCEEDING COMMISSION.
  6.  NINE  MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM. NINE OR
MORE AFFIRMATIVE VOTES SHALL BE REQUIRED FOR ANY  OFFICIAL  ACTION.  THE
FOUR FINAL REDISTRICTING MAPS MUST BE APPROVED BY AT LEAST NINE AFFIRMA-
TIVE VOTES WHICH MUST INCLUDE AT LEAST THREE VOTES OF MEMBERS REGISTERED
FROM  EACH  OF  THE  TWO  LARGEST POLITICAL PARTIES IN NEW YORK BASED ON
REGISTRATION AND THREE VOTES FROM MEMBERS WHO ARE  NOT  REGISTERED  WITH
EITHER OF THESE TWO POLITICAL PARTIES.

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  7. EACH COMMISSION MEMBER SHALL APPLY THIS ARTICLE IN A MANNER THAT IS
IMPARTIAL  AND THAT REINFORCES PUBLIC CONFIDENCE IN THE INTEGRITY OF THE
REDISTRICTING PROCESS.
  8.  A  COMMISSION MEMBER SHALL BE INELIGIBLE FOR A PERIOD OF TEN YEARS
BEGINNING FROM THE DATE OF APPOINTMENT TO HOLD ELECTIVE PUBLIC OFFICE AT
THE FEDERAL, STATE, COUNTY, OR LOCAL LEVEL IN THIS STATE.  A  MEMBER  OF
THE  COMMISSION SHALL BE INELIGIBLE FOR A PERIOD OF FIVE YEARS BEGINNING
FROM THE DATE OF APPOINTMENT TO HOLD APPOINTIVE FEDERAL, STATE, OR LOCAL
PUBLIC OFFICE, TO SERVE AS PAID STAFF FOR, OR AS A PAID  CONSULTANT  TO,
THE  EXECUTIVE  BRANCH, THE CONGRESS, THE LEGISLATURE, OR ANY INDIVIDUAL
LEGISLATOR, OR TO REGISTER AS A FEDERAL, STATE OR LOCAL LOBBYIST IN THIS
STATE.
  S 95. COMMISSION SELECTION PROCESS. 1. THE COMPTROLLER SHALL  INITIATE
AN  APPLICATION  PROCESS,  OPEN  TO  ALL REGISTERED NEW YORK VOTERS IN A
MANNER THAT PROMOTES A DIVERSE AND QUALIFIED APPLICANT POOL.
  2. THE COMPTROLLER SHALL REMOVE FROM THE  APPLICANT  POOL  INDIVIDUALS
WHO  SHALL  BE DISQUALIFIED FROM SERVING ON THE COMMISSION. AN APPLICANT
SHALL BE DISQUALIFIED FROM SERVING ON  THE  COMMISSION  IF,  WITHIN  TEN
YEARS OF SUBMISSION OF HIS OR HER APPLICATION, HE OR SHE:
  (A) HOLDS OR HAS HELD AN ELECTED GOVERNMENTAL OFFICE;
  (B)  HOLDS  OR  HAS HELD ANY OTHER APPOINTED GOVERNMENTAL OR POLITICAL
PARTY POSITION;
  (C) IS EMPLOYED OR HAS BEEN EMPLOYED IN  ANY  OTHER  POSITION  BY  THE
UNITED  STATES  CONGRESS,  THE STATE LEGISLATURE, THE EXECUTIVE CHAMBER,
THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM; OR
  (D) IS OR HAS BEEN A REGISTERED LOBBYIST IN  THIS  STATE  PURSUANT  TO
ARTICLE ONE-A OF THIS CHAPTER;
  (E)  IS  THE  SPOUSE  OF ANY MEMBER OF THE UNITED STATES CONGRESS, THE
STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED  COURT  SYSTEM  OR
THE FEDERAL COURT SYSTEM;
  (F)  IS RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY TO ANY MEMBER
OF THE UNITED STATES CONGRESS,  THE  STATE  LEGISLATURE,  THE  EXECUTIVE
CHAMBER, THE UNIFIED COURT SYSTEM OR THE FEDERAL COURT SYSTEM, OR TO THE
SPOUSE OF ANY SUCH PERSON; OR
  (G)  CONTRIBUTED  TWO  THOUSAND  DOLLARS OR MORE TO ANY CONGRESSIONAL,
STATE, OR LOCAL CANDIDATE FOR ELECTIVE PUBLIC OFFICE IN ANY YEAR,  WHICH
AMOUNT SHALL BE ADJUSTED EVERY TEN YEARS BY THE CUMULATIVE CHANGE IN THE
CONSUMER PRICE INDEX.
  3. THE COMPTROLLER SHALL ESTABLISH AN APPLICANT REVIEW PANEL, CONSIST-
ING  OF  THREE QUALIFIED INDEPENDENT AUDITORS, TO SCREEN APPLICANTS. THE
COMPTROLLER SHALL RANDOMLY DRAW THE NAMES OF THREE QUALIFIED INDEPENDENT
AUDITORS FROM A POOL CONSISTING OF ALL AUDITORS EMPLOYED BY THE STATE AT
THE TIME OF THE DRAWING. THE COMPTROLLER SHALL DRAW UNTIL THE  NAMES  OF
THREE  INDEPENDENT  AUDITORS HAVE BEEN DRAWN INCLUDING ONE WHO IS REGIS-
TERED WITH THE LARGEST POLITICAL PARTY IN NEW YORK BASED ON PARTY REGIS-
TRATION, ONE WHO IS REGISTERED WITH THE SECOND LARGEST  POLITICAL  PARTY
IN  NEW  YORK BASED ON PARTY REGISTRATION, AND ONE WHO IS NOT REGISTERED
WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK. AFTER  THE
DRAWING  THE  COMPTROLLER  SHALL  NOTIFY THE THREE QUALIFIED INDEPENDENT
AUDITORS WHOSE NAMES HAVE BEEN DRAWN THAT THEY  HAVE  BEEN  SELECTED  TO
SERVE  ON  THE PANEL. IF ANY OF THE THREE QUALIFIED INDEPENDENT AUDITORS
DECLINE TO SERVE ON THE PANEL, THE COMPTROLLER SHALL RESUME  THE  RANDOM
DRAWING UNTIL THREE QUALIFIED INDEPENDENT AUDITORS WHO MEET THE REQUIRE-
MENTS OF THIS SECTION HAVE AGREED TO SERVE ON THE PANEL. A MEMBER OF THE
PANEL  SHALL  BE SUBJECT TO THE DISQUALIFICATION PROVISIONS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION.

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  4. HAVING REMOVED DISQUALIFIED INDIVIDUALS FROM  THE  APPLICANT  POOL,
THE  COMPTROLLER  SHALL  NOT  LATER THAN THE FIRST OF MARCH IN EACH YEAR
ENDING WITH A ZERO OR AS SOON AS POSSIBLE AFTER THE  EFFECTIVE  DATE  OF
THIS  ARTICLE,  PUBLICIZE  THE  NAMES  IN THE APPLICANT POOL AND PROVIDE
COPIES OF THEIR APPLICATIONS TO THE APPLICANT REVIEW PANEL.
  5.  FROM  THE  APPLICANT POOL, THE APPLICANT REVIEW PANEL SHALL SELECT
SIXTY OF THE MOST QUALIFIED APPLICANTS, INCLUDING TWENTY WHO ARE  REGIS-
TERED  WITH  THE  LARGEST POLITICAL PARTY IN NEW YORK BASED ON REGISTRA-
TION, TWENTY WHO ARE REGISTERED WITH THE SECOND LARGEST POLITICAL  PARTY
IN  NEW  YORK  BASED  ON REGISTRATION, AND TWENTY WHO ARE NOT REGISTERED
WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW  YORK  BASED  ON
REGISTRATION.  THESE  SUBPOOLS SHALL BE CREATED ON THE BASIS OF RELEVANT
ANALYTICAL SKILLS, ABILITY TO BE IMPARTIAL,  AND  APPRECIATION  FOR  NEW
YORK'S  DIVERSE  DEMOGRAPHICS  AND  GEOGRAPHY.  THE MEMBERS OF THE PANEL
SHALL NOT COMMUNICATE WITH ANY MEMBER OF THE UNITED STATES CONGRESS, THE
STATE LEGISLATURE, THE EXECUTIVE CHAMBER, THE UNIFIED COURT  SYSTEM,  OR
THE  FEDERAL  COURT  SYSTEM,  OR  ANY  REPRESENTATIVE THEREOF, ABOUT ANY
MATTER RELATED TO THE NOMINATION PROCESS  OR  APPLICANTS  PRIOR  TO  THE
PRESENTATION  BY  THE PANEL OF THE POOL OF RECOMMENDED APPLICANTS TO THE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE AND  THE  SPEAKER  OF
THE ASSEMBLY.
  6.  BY  THE FIRST OF MAY IN EACH YEAR ENDING WITH A ZERO OR AS SOON AS
POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE APPLICANT  REVIEW
PANEL  SHALL PRESENT ITS POOL OF RECOMMENDED APPLICANTS TO THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. NO  LATER  THAN
THE  FIFTEENTH  OF  JUNE  IN  EACH YEAR ENDING WITH A ZERO OR AS SOON AS
POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE TEMPORARY  PRESI-
DENT  OF  THE  SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY MAY EACH STRIKE  UP
TO  TWO  APPLICANTS  FROM  EACH  SUBPOOL  OF TWENTY FOR A TOTAL OF EIGHT
POSSIBLE STRIKES PER SUBPOOL. AFTER ALL OF THE LEGISLATIVE LEADERS  HAVE
EXERCISED  THEIR  STRIKES, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY SHALL JOINTLY  PRESENT  THE  POOL  OF  REMAINING
NAMES TO THE COMPTROLLER.
  7. NO LATER THAN THE TWENTIETH OF JUNE IN EACH YEAR ENDING WITH A ZERO
OR  AS  SOON  AS  POSSIBLE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE
COMPTROLLER SHALL RANDOMLY DRAW EIGHT NAMES FROM THE REMAINING  POOL  OF
APPLICANTS  AS  FOLLOWS:  THREE FROM THE REMAINING SUBPOOL OF APPLICANTS
REGISTERED WITH THE LARGEST POLITICAL  PARTY  IN  NEW  YORK  BASED  UPON
REGISTRATION,  THREE FROM THE REMAINING SUBPOOL OF APPLICANTS REGISTERED
WITH THE SECOND LARGEST POLITICAL PARTY IN NEW YORK BASED UPON REGISTRA-
TION, AND TWO FROM THE REMAINING  SUBPOOL  OF  APPLICANTS  WHO  ARE  NOT
REGISTERED  WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK
BASED ON REGISTRATION.  THESE  EIGHT  INDIVIDUALS  SHALL  SERVE  ON  THE
COMMISSION.
  8.  NO  LATER THAN THE TWENTY-FIFTH OF JUNE IN EACH YEAR ENDING WITH A
ZERO OR AS SOON AS POSSIBLE AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
THE  EIGHT COMMISSIONERS SHALL REVIEW THE REMAINING NAMES IN THE POOL OF
APPLICANTS AND APPOINT SIX APPLICANTS TO THE COMMISSION AS FOLLOWS:  TWO
FROM  THE  REMAINING  SUBPOOL  OF APPLICANTS REGISTERED WITH THE LARGEST
POLITICAL PARTY IN NEW YORK BASED ON REGISTRATION, TWO FROM THE  REMAIN-
ING  SUBPOOL  OF APPLICANTS REGISTERED WITH THE SECOND LARGEST POLITICAL
PARTY IN NEW YORK BASED ON REGISTRATION,  AND  TWO  FROM  THE  REMAINING
SUBPOOL  OF  APPLICANTS  WHO  ARE  NOT REGISTERED WITH EITHER OF THE TWO
LARGEST POLITICAL PARTIES IN NEW YORK BASED  ON  REGISTRATION.  THE  SIX
APPOINTEES  MUST  BE  APPROVED  BY AT LEAST FIVE AFFIRMATIVE VOTES WHICH

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MUST INCLUDE AT LEAST TWO VOTES OF COMMISSIONERS REGISTERED FROM EACH OF
THE TWO LARGEST PARTIES AND ONE VOTE FROM  A  COMMISSIONER  WHO  IS  NOT
AFFILIATED WITH EITHER OF THE TWO LARGEST POLITICAL PARTIES IN NEW YORK.
THE SIX APPOINTEES SHALL BE CHOSEN TO ENSURE THE COMMISSION REFLECTS THE
STATE'S  DIVERSITY,  INCLUDING,  BUT  NOT  LIMITED  TO,  RACIAL, ETHNIC,
GEOGRAPHIC, AND GENDER DIVERSITY.   HOWEVER, IT  IS  NOT  INTENDED  THAT
FORMULAS  OR  SPECIFIC  RATIOS  BE  APPLIED FOR THIS PURPOSE. APPLICANTS
SHALL ALSO BE CHOSEN BASED ON RELEVANT ANALYTICAL SKILLS AND ABILITY  TO
BE IMPARTIAL.
  S  96.  APPORTIONMENT.  1.  THE COMMISSION, SHALL, UPON RECEIPT OF THE
FEDERAL DECENNIAL CENSUS FOR THE STATE, BEGIN TO ESTABLISH  A  PLAN  FOR
THE APPORTIONMENT OF CONGRESSIONAL, SENATE AND ASSEMBLY DISTRICTS IN THE
STATE.
  2.  THE  FOLLOWING  REQUIREMENTS  AND  PRINCIPLES  SHALL BE APPLIED IN
ESTABLISHING A PLAN FOR SUCH DISTRICTS, AS SET FORTH  IN  THE  FOLLOWING
ORDER OF PRIORITY:
  (A)  DISTRICTS  SHALL  COMPLY  WITH  THE  UNITED  STATES CONSTITUTION.
CONGRESSIONAL DISTRICTS SHALL ACHIEVE POPULATION EQUALITY AS  NEARLY  AS
IS PRACTICABLE, AND SENATORIAL AND ASSEMBLY DISTRICTS SHALL HAVE REASON-
ABLY  EQUAL  POPULATION WITH OTHER DISTRICTS FOR THE SAME OFFICE, EXCEPT
WHERE DEVIATION IS REQUIRED TO COMPLY WITH THE  VOTING  RIGHTS  ACT  (42
U.S.C. 1971 ET AL.) OR AS ALLOWABLE BY LAW.
  (B)  DISTRICTS SHALL COMPLY WITH THE VOTING RIGHTS ACT (42 U.S.C. 1971
ET AL.).
  (C) DISTRICTS SHALL BE GEOGRAPHICALLY CONTIGUOUS;  NO  DISTRICT  SHALL
CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER DISTRICT
OF  THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER, POPULATED OR
UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED BY A DISTRICT
BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED  PART  OF  SUCH
BLOCK IS WITHIN A SINGLE DISTRICT.
  (D)  THE  GEOGRAPHIC  INTEGRITY  OF ANY CITY, COUNTY, CITY AND COUNTY,
LOCAL NEIGHBORHOOD, OR LOCAL COMMUNITY OF INTEREST SHALL BE RESPECTED IN
A MANNER THAT MINIMIZES THEIR DIVISION TO THE  EXTENT  POSSIBLE  WITHOUT
VIOLATING  THE  REQUIREMENTS  OF ANY OF THE PRECEDING PARAGRAPHS OF THIS
SUBDIVISION. A COMMUNITY OF INTEREST IS A  CONTIGUOUS  POPULATION  WHICH
SHARES  COMMON  SOCIAL  AND  ECONOMIC  INTERESTS THAT SHOULD BE INCLUDED
WITHIN A SINGLE DISTRICT FOR PURPOSES OF ITS EFFECTIVE AND  FAIR  REPRE-
SENTATION.  EXAMPLES  OF  SUCH  SHARED  INTERESTS ARE THOSE COMMON TO AN
URBAN AREA, A RURAL AREA, AN INDUSTRIAL AREA, OR AN  AGRICULTURAL  AREA,
AND THOSE COMMON TO AREAS IN WHICH THE PEOPLE SHARE SIMILAR LIVING STAN-
DARDS,  USE THE SAME TRANSPORTATION FACILITIES, HAVE SIMILAR WORK OPPOR-
TUNITIES, OR HAVE ACCESS TO THE SAME MEDIA OF COMMUNICATION RELEVANT  TO
THE   ELECTION  PROCESS.  COMMUNITIES  OF  INTEREST  SHALL  NOT  INCLUDE
RELATIONSHIPS WITH POLITICAL PARTIES, INCUMBENTS,  OR  POLITICAL  CANDI-
DATES.
  (E)  TO  THE EXTENT PRACTICABLE, AND WHERE THIS DOES NOT CONFLICT WITH
THE PRECEDING PARAGRAPHS OF THIS SUBDIVISION, DISTRICTS SHALL  BE  DRAWN
TO  ENCOURAGE  GEOGRAPHICAL  COMPACTNESS SUCH THAT NEARBY AREAS OF POPU-
LATION ARE NOT BYPASSED FOR MORE DISTANT POPULATION.
  3. THE PLACE OF RESIDENCE OF  ANY  INCUMBENT  OR  POLITICAL  CANDIDATE
SHALL NOT BE CONSIDERED IN THE CREATION OF A MAP. DISTRICTS SHALL NOT BE
DRAWN  FOR  THE  PURPOSE OF FAVORING OR DISCRIMINATING AGAINST AN INCUM-
BENT, POLITICAL CANDIDATE, OR POLITICAL PARTY.
  4. DISTRICTS FOR THE CONGRESS, SENATE, AND ASSEMBLY SHALL BE  NUMBERED
CONSECUTIVELY  COMMENCING  AT  THE  SOUTHERN  BOUNDARY  OF THE STATE AND
ENDING AT THE NORTHERN BOUNDARY.

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  5. (A) ON OR BEFORE THE FIFTEENTH OF MAY IN EACH YEAR  ENDING  WITH  A
ONE  OR  WITHIN SIXTY DAYS OF RECEIVING THE FEDERAL DECENNIAL CENSUS FOR
THE STATE, WHICHEVER IS LATER, OR AS SOON AS POSSIBLE AFTER  THE  EFFEC-
TIVE DATE OF THIS ARTICLE, THE COMMISSION SHALL APPROVE THREE FINAL MAPS
THAT  SEPARATELY  SET FORTH THE DISTRICT BOUNDARY LINES FOR THE CONGRES-
SIONAL, SENATORIAL AND ASSEMBLY DISTRICTS. UPON APPROVAL, THE COMMISSION
SHALL CERTIFY THE THREE FINAL MAPS TO THE COMPTROLLER.
  (B) THE COMMISSION SHALL ISSUE, WITH EACH OF THE THREE FINAL  MAPS,  A
REPORT  THAT  EXPLAINS  THE BASIS ON WHICH THE COMMISSION MADE ITS DECI-
SIONS IN ACHIEVING COMPLIANCE WITH THE CRITERIA  LISTED  IN  SUBDIVISION
TWO OF THIS SECTION AND SHALL INCLUDE DEFINITIONS OF THE TERMS AND STAN-
DARDS USED IN DRAWING EACH FINAL MAP.
  S  97.  REFERENDUM;  LEGISLATION. 1. EACH CERTIFIED FINAL MAP SHALL BE
DISTRIBUTED TO THE PUBLIC AND SUBMITTED TO THE PEOPLE  FOR  APPROVAL  AT
THE  NEXT GENERAL ELECTION THEREAFTER. UPON BEING APPROVED BY THE AFFIR-
MATIVE VOTE OF THE  MAJORITY  OF  THE  PEOPLE  VOTING  THEREON  AT  SUCH
ELECTION,  THE  MAPS  SHALL  BE SUBMITTED TO THE LEGISLATURE, ALONG WITH
LEGISLATION NECESSARY TO IMPLEMENT SUCH MAPS.    UPON  RECEIPT  OF  SUCH
MAPS, THE IMPLEMENTING LEGISLATION THEREFORE SHALL BE INTRODUCED IN BOTH
HOUSES  OF  THE  LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. IF
APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE GOVERNOR
WITHIN FIVE DAYS.
  2. IF (A) THE COMMISSION DOES NOT APPROVE A CERTIFIED FINAL MAP BY  AT
LEAST  THE  REQUISITE VOTES, (B) VOTERS DISAPPROVE A CERTIFIED FINAL MAP
IN A REFERENDUM, (C) EITHER HOUSE SHALL FAIL TO APPROVE THE  LEGISLATION
SUBMITTED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION WITHIN TWENTY-ONE
DAYS OF ITS SUBMISSION, OR (D) THE GOVERNOR SHALL VETO SUCH  LEGISLATION
AND THE LEGISLATURE SHALL FAIL TO OVERRIDE SUCH VETO WITHIN FIFTEEN DAYS
OF  SUCH  VETO, THE COMMISSION SHALL HOLD AN OPEN HEARING WITHIN FIFTEEN
DAYS OF SAID FAILURE TO APPROVE THE MAP OR PASS THE LEGISLATION AT WHICH
THE COMMISSIONERS, THE SPEAKER AND MINORITY LEADER OF THE  ASSEMBLY  AND
THE  TEMPORARY  PRESIDENT  AND MINORITY LEADER OF THE SENATE, OR EACH OF
THEIR DESIGNEES SHALL TESTIFY AS TO THE REASONS THAT  THE  MAP  OR  MAPS
FAILED TO BE APPROVED OR THE LEGISLATION DID NOT BECOME LAW, AND MEMBERS
OF  THE  PUBLIC  WILL ALSO BE INVITED TO TESTIFY. WITHIN FIFTEEN DAYS OF
SUCH HEARING, THE COMMISSION SHALL ESTABLISH AND SUBMIT TO THE  LEGISLA-
TURE  A  SECOND APPORTIONMENT MAP OR MAPS AND THE NECESSARY IMPLEMENTING
LEGISLATION FOR SUCH MAP OR MAPS. UPON RECEIPT OF  SUCH  SECOND  MAP  OR
MAPS, THE IMPLEMENTING LEGISLATION THEREFORE SHALL BE INTRODUCED IN BOTH
HOUSES  OF THE LEGISLATURE WITHOUT ANY AMENDMENTS WITHIN FIVE DAYS. SUCH
LEGISLATION SHALL BE VOTED UPON, WITHOUT AMENDMENT, BY BOTH HOUSES WITH-
IN TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS  INTRODUC-
TION. IF APPROVED, THE LEGISLATURE SHALL FORWARD SUCH LEGISLATION TO THE
GOVERNOR WITHIN FIVE DAYS.
  3. IF (A) THE COMMISSION DOES NOT APPROVE A SECOND CERTIFIED FINAL MAP
BY  AT  LEAST THE REQUISITE VOTES, (B) VOTERS DISAPPROVE A SECOND CERTI-
FIED FINAL MAP IN A REFERENDUM, (C) EITHER HOUSE SHALL FAIL  TO  APPROVE
THE  LEGISLATION  SUBMITTED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION
WITHIN TWENTY-ONE DAYS OF ITS SUBMISSION, OR (D) THE GOVERNOR SHALL VETO
SUCH LEGISLATION AND THE LEGISLATURE SHALL FAIL TO  OVERRIDE  SUCH  VETO
WITHIN  FIFTEEN  DAYS  OF  SUCH  VETO, THE COMMISSION SHALL HOLD AN OPEN
HEARING WITHIN FIFTEEN DAYS OF SAID FAILURE TO APPROVE THE MAP  OR  PASS
THE  LEGISLATION  AT  WHICH  THE COMMISSIONERS, THE SPEAKER AND MINORITY
LEADER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT AND  MINORITY  LEADER
OF  THE  SENATE,  OR  EACH  OF  THEIR  DESIGNEES SHALL TESTIFY AS TO THE
REASONS THAT THE MAP OR MAPS FAILED TO BE APPROVED  OR  THE  LEGISLATION

A. 5819                             8

DID  NOT  BECOME  LAW, AND MEMBERS OF THE PUBLIC WILL ALSO BE INVITED TO
TESTIFY. WITHIN FIFTEEN DAYS  OF  SUCH  HEARING,  THE  COMMISSION  SHALL
ESTABLISH  AND  SUBMIT  TO  THE LEGISLATURE A THIRD APPORTIONMENT MAP OR
MAPS  AND  THE  NECESSARY IMPLEMENTING LEGISLATION FOR SUCH MAP OR MAPS.
UPON RECEIPT OF SUCH THIRD MAP OR  MAPS,  THE  IMPLEMENTING  LEGISLATION
WITH ANY AMENDMENTS THE LEGISLATURE SHALL DEEM NECESSARY SHALL BE INTRO-
DUCED  IN  BOTH  HOUSES  OF  THE  LEGISLATURE WITHIN FIVE DAYS. ALL SUCH
AMENDMENTS SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION TWO  OF  THIS
SECTION.    SUCH  LEGISLATION  SHALL BE VOTED UPON BY BOTH HOUSES WITHIN
TWENTY-ONE DAYS, BUT NOT SOONER THAN SEVEN DAYS, AFTER ITS INTRODUCTION.
IF APPROVED, THE LEGISLATURE  SHALL  FORWARD  SUCH  LEGISLATION  TO  THE
GOVERNOR WITHIN FIVE DAYS.
  S  98.  JUDICIAL REVIEW. 1. THE COMMISSION HAS THE SOLE LEGAL STANDING
TO DEFEND ANY ACTION REGARDING A CERTIFIED FINAL MAP, AND  SHALL  INFORM
THE  LEGISLATURE IF IT DETERMINES THAT FUNDS OR OTHER RESOURCES PROVIDED
FOR THE OPERATION OF THE COMMISSION ARE NOT  ADEQUATE.  THE  LEGISLATURE
SHALL  PROVIDE  ADEQUATE FUNDING TO DEFEND ANY ACTION REGARDING A CERTI-
FIED MAP. THE COMMISSION HAS SOLE AUTHORITY  TO  DETERMINE  WHETHER  THE
ATTORNEY GENERAL OR OTHER LEGAL COUNSEL RETAINED BY THE COMMISSION SHALL
ASSIST IN THE DEFENSE OF A CERTIFIED FINAL MAP.
  2. THE COURT OF APPEALS HAS ORIGINAL AND EXCLUSIVE JURISDICTION IN ALL
PROCEEDINGS  IN  WHICH A CERTIFIED FINAL MAP IS CHALLENGED OR IS CLAIMED
NOT TO HAVE TAKEN TIMELY EFFECT.
  3. ANY REGISTERED VOTER IN THIS STATE MAY FILE  A  SPECIAL  PROCEEDING
WITHIN FORTY-FIVE DAYS AFTER THE COMMISSION HAS CERTIFIED A FINAL MAP TO
THE  LEGISLATURE,  TO  BAR THE LEGISLATURE FROM IMPLEMENTING THE PLAN ON
THE GROUNDS THAT THE FILED PLAN VIOLATES THIS CONSTITUTION,  THE  UNITED
STATES  CONSTITUTION,  OR  ANY  FEDERAL OR STATE STATUTE. ANY REGISTERED
VOTER IN THIS STATE MAY ALSO FILE A SPECIAL PROCEEDING  TO  SEEK  RELIEF
WHERE  A  CERTIFIED FINAL MAP IS SUBJECT TO A REFERENDUM MEASURE THAT IS
LIKELY TO QUALIFY AND STAY THE TIMELY IMPLEMENTATION OF THE MAP.
  4. THE COURT OF APPEALS SHALL GIVE PRIORITY TO  RULING  ON  A  SPECIAL
PROCEEDING PETITION FOR A WRIT OF MANDATE OR A WRIT OF PROHIBITION FILED
PURSUANT  TO  SUBDIVISION THREE OF THIS SECTION. IF THE COURT DETERMINES
THAT A FINAL CERTIFIED MAP VIOLATES THIS CONSTITUTION, THE UNITED STATES
CONSTITUTION, OR ANY FEDERAL OR STATE STATUTE, THE COURT  SHALL  FASHION
THE RELIEF THAT IT DEEMS APPROPRIATE.
  S 6. This act shall take effect immediately.