S T A T E O F N E W Y O R K
________________________________________________________________________
717
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing amendments to the constitution, in relation to the establish-
ment of state legislative and congressional districts and repealing
sections 3, 4, 5 and 5-a of article 3 of the constitution relating
thereto
Section 1. RESOLVED (if the Assembly concur), That sections 3, 4, 5
and 5-a of article 3 of the constitution be REPEALED and four new
sections 3, 4, 4-a and 5 are added to read as follows:
S 3. A. THERE SHALL BE A DISTRICTING COMMISSION TO DRAW SENATE, ASSEM-
BLY AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE OF NEW YORK MAY
BE FAIRLY REPRESENTED. THE DISTRICTING COMMISSION SHALL CONSIST OF FIVE
MEMBERS. EACH MEMBER OF THE DISTRICTING COMMISSION SHALL BE A REGISTERED
VOTER IN THE STATE OF NEW YORK, AND, AT THE TIME OF APPOINTMENT, SHALL
HAVE BEEN A RESIDENT OF THE STATE OF NEW YORK FOR FIVE YEARS. NO MEMBER
OF THE DISTRICTING COMMISSION SHALL BE, OR SHALL HAVE BEEN (1) IN THE
TWO YEARS PRIOR TO APPOINTMENT, A MEMBER OR EMPLOYEE OF CONGRESS, THE
SENATE OR ASSEMBLY OR A POLITICAL PARTY CHAIR; (2) A HOLDER OF PARTISAN
PUBLIC OFFICE OR POLITICAL PUBLIC OFFICE; (3) A RELATIVE OF ANY PERSON
SET FORTH IN CLAUSE (1) OR (2) TO THE THIRD DEGREE OF CONSANGUINITY; OR
(4) A SPOUSE OF ANY PERSON SET FORTH IN CLAUSE (1), (2) OR (3). NO
MEMBER OF THE DISTRICTING COMMISSION SHALL BE A LOBBYIST AT THE TIME OF
HIS OR HER MEMBERSHIP. THE TEMPORARY PRESIDENT OF THE SENATE, THE
MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
MINORITY LEADER OF THE ASSEMBLY SHALL EACH APPOINT ONE MEMBER OF THE
DISTRICTING COMMISSION AND THE FOUR NEWLY APPOINTED MEMBERS SHALL
APPOINT A FIFTH MEMBER TO BE THE CHAIRMAN OF THE COMMISSION, AND MUST
HAVE THE USE OF THREE OUT OF FOUR MEMBERS. IF A SEAT ON THE COMMISSION
SHALL FALL VACANT, A REPLACEMENT SHALL BE SELECTED IN THE SAME MANNER BY
WHICH THE MEMBER WHO PREVIOUSLY FILLED THE SEAT WAS SELECTED. APPOINT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89028-01-1
S. 717 2
ING AUTHORITIES SHALL GIVE DUE CONSIDERATION TO REFLECTING THE GEOGRAPH-
IC, ETHNIC, AND RACIAL DIVERSITY OF THE STATE IN APPOINTMENTS TO THE
COMMISSION. INITIAL APPOINTMENTS TO THE COMMISSION SHALL BE MADE AS SOON
AS PRACTICABLE FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION. EACH
MEMBER OF THE COMMISSION SHALL HAVE A TERM OF TEN YEARS EXCEPT THAT THE
TERMS OF ALL MEMBERS SHALL TERMINATE ON THE FIRST DAY OF APRIL OF THE
YEAR PRECEDING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN.
THE MEMBERS SHALL BE REMOVABLE ONLY FOR CAUSE, INCLUDING CRIMINAL
CONVICTION OR SERIOUS MISCONDUCT RELATED TO HIS OR HER OFFICIAL DUTIES,
IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL, OVER WHICH THE COURT OF
APPEALS SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION.
B. SENATE AND ASSEMBLY DISTRICTS SHALL BE ESTABLISHED ON THE BASIS OF
POPULATION. SENATE AND ASSEMBLY DISTRICTS, RESPECTIVELY, SHALL EACH
HAVE A POPULATION AS NEARLY EQUAL AS PRACTICABLE TO THE IDEAL POPULATION
FOR SUCH DISTRICTS, DETERMINED BY DIVIDING THE NUMBER OF DISTRICTS TO BE
ESTABLISHED INTO THE POPULATION OF THE STATE REPORTED IN THE FEDERAL
DECENNIAL CENSUS. SENATE DISTRICTS AND ASSEMBLY DISTRICTS SHALL NOT VARY
IN POPULATION FROM THE RESPECTIVE IDEAL DISTRICT POPULATIONS EXCEPT AS
NECESSARY TO COMPLY WITH ONE OF THE OTHER STANDARDS ENUMERATED IN THIS
SECTION. IN NO CASE SHALL THE QUOTIENT, OBTAINED BY DIVIDING THE TOTAL
OF THE ABSOLUTE VALUES OF THE DEVIATIONS OF ALL DISTRICT POPULATIONS
FROM THE APPLICABLE IDEAL DISTRICT POPULATION BY THE NUMBER OF DISTRICTS
ESTABLISHED, EXCEED ONE PERCENT OF THE APPLICABLE IDEAL DISTRICT POPU-
LATION. NO SENATE DISTRICT SHALL HAVE A POPULATION WHICH EXCEEDS THAT OF
ANY OTHER SENATE DISTRICT BY MORE THAN FIVE PERCENT, AND NO ASSEMBLY
DISTRICT SHALL HAVE A POPULATION WHICH EXCEEDS THAT OF ANY OTHER ASSEM-
BLY DISTRICT BY MORE THAN FIVE PERCENT.
C. TO THE EXTENT CONSISTENT WITH SUBDIVISION B OF THIS SECTION,
DISTRICT BOUNDARIES SHALL COINCIDE WITH THE BOUNDARIES OF POLITICAL
SUBDIVISIONS OF THE STATE. THE NUMBER OF COUNTIES AND CITIES DIVIDED
AMONG MORE THAN ONE DISTRICT SHALL BE AS SMALL AS POSSIBLE. WHEN THERE
IS A CHOICE BETWEEN DIVIDING LOCAL POLITICAL SUBDIVISIONS, THE MORE
POPULOUS SUBDIVISIONS SHALL BE DIVIDED BEFORE THE LESS POPULOUS, BUT
THIS STATEMENT DOES NOT APPLY TO A SENATE OR ASSEMBLY DISTRICT BOUNDARY
DRAWN ALONG A COUNTY LINE WHICH PASSES THROUGH A CITY THAT LIES IN MORE
THAN ONE COUNTY.
D. DISTRICTS SHALL BE COMPOSED OF CONVENIENT CONTIGUOUS TERRITORY.
AREAS WHICH MEET ONLY AT THE POINTS OF ADJOINING CORNERS ARE NOT CONTIG-
UOUS.
E. DISTRICTS SHALL BE REASONABLY COMPACT IN FORM, TO THE EXTENT
CONSISTENT WITH THE STANDARDS ESTABLISHED BY SUBDIVISIONS B, C, AND D OF
THIS SECTION. IN GENERAL, REASONABLY COMPACT DISTRICTS ARE THOSE WHICH
ARE SQUARE, RECTANGULAR, OR HEXAGONAL IN SHAPE, AND NOT IRREGULARLY
SHAPED, TO THE EXTENT PERMITTED BY NATURAL OR POLITICAL BOUNDARIES. IF
IT IS NECESSARY TO COMPARE THE RELATIVE COMPACTNESS OF TWO OR MORE
DISTRICTS, OR OF TWO OR MORE ALTERNATIVE DISTRICTING PLANS, THE TESTS
PRESCRIBED BY THIS SUBDIVISION AND SECTION FIVE OF THIS ARTICLE SHALL BE
USED.
1. LENGTH-WIDTH COMPACTNESS. THE COMPACTNESS OF A DISTRICT IS GREATEST
WHEN THE LENGTH OF THE DISTRICT AND THE WIDTH OF THE DISTRICT ARE EQUAL.
THE MEASURE OF A DISTRICT'S COMPACTNESS IS THE ABSOLUTE VALUE OF THE
DIFFERENCE BETWEEN THE LENGTH AND THE WIDTH OF THE DISTRICT. IN GENERAL,
THE LENGTH-WIDTH COMPACTNESS OF A DISTRICT IS CALCULATED BY MEASURING
THE DISTANCE FROM THE NORTHERNMOST POINT OR PORTION OF THE BOUNDARY OF A
DISTRICT TO THE SOUTHERNMOST POINT OR PORTION OF THE BOUNDARY OF THE
SAME DISTRICT AND THE DISTANCE FROM THE WESTERNMOST POINT OR PORTION OF
S. 717 3
THE BOUNDARY OF THE DISTRICT TO THE EASTERNMOST POINT OR PORTION OF THE
BOUNDARY OF THE SAME DISTRICT. THE ABSOLUTE VALUES COMPUTED FOR INDIVID-
UAL DISTRICTS UNDER THIS PARAGRAPH MAY BE CUMULATED FOR ALL DISTRICTS IN
A PLAN IN ORDER TO COMPARE THE OVERALL COMPACTNESS OF TWO OR MORE ALTER-
NATIVE DISTRICTING PLANS FOR THE STATE, OR FOR A PORTION OF THE STATE.
2. PERIMETER COMPACTNESS. THE COMPACTNESS OF A DISTRICT IS GREATEST
WHEN THE DISTANCE NEEDED TO TRAVERSE THE PERIMETER BOUNDARY OF A
DISTRICT IS AS SHORT AS POSSIBLE. THE TOTAL PERIMETER DISTANCE COMPUTED
FOR INDIVIDUAL DISTRICTS UNDER THIS PARAGRAPH MAY BE CUMULATED FOR ALL
DISTRICTS IN A PLAN IN ORDER TO COMPARE THE OVERALL COMPACTNESS OF TWO
OR MORE ALTERNATIVE DISTRICTING PLANS FOR THE STATE, OR FOR A PORTION OF
THE STATE.
F. NO DISTRICT SHALL BE DRAWN FOR THE PURPOSE OF FAVORING A POLITICAL
PARTY, INCUMBENT LEGISLATOR OR MEMBER OF CONGRESS, OR OTHER PERSON OR
GROUP, OR FOR THE PURPOSE OF AUGMENTING OR DILUTING THE VOTING STRENGTH
OF A LANGUAGE OR RACIAL MINORITY GROUP. IN ESTABLISHING DISTRICTS, NO
USE SHALL BE MADE OF ANY OF THE FOLLOWING DATA:
1. ADDRESSES OF INCUMBENT LEGISLATORS OR MEMBERS OF CONGRESS.
2. POLITICAL AFFILIATIONS OF REGISTERED VOTERS.
3. PREVIOUS ELECTION RESULTS.
4. DEMOGRAPHIC INFORMATION, OTHER THAN POPULATION HEAD COUNTS, EXCEPT
AS REQUIRED BY THE CONSTITUTION AND THE LAWS OF THE UNITED STATES.
G. IN ORDER TO MINIMIZE ELECTORAL CONFUSION AND TO FACILITATE COMMUNI-
CATION WITHIN STATE SENATE AND ASSEMBLY DISTRICTS, EACH PLAN DRAWN UNDER
THIS SECTION SHALL PROVIDE THAT EACH ASSEMBLY DISTRICT IS WHOLLY
INCLUDED WITHIN A SINGLE SENATE DISTRICT AND THAT, SO FAR AS POSSIBLE,
EACH ASSEMBLY AND EACH SENATE DISTRICT SHALL BE INCLUDED WITHIN A SINGLE
CONGRESSIONAL DISTRICT. HOWEVER, THE STANDARDS ESTABLISHED BY SUBDIVI-
SIONS B THROUGH F OF THIS SECTION SHALL TAKE PRECEDENCE WHERE A CONFLICT
ARISES BETWEEN THESE STANDARDS AND THE REQUIREMENT, SO FAR AS POSSIBLE,
OF INCLUDING A SENATE OR ASSEMBLY DISTRICT WITHIN A SINGLE CONGRESSIONAL
DISTRICT.
H. EACH BILL EMBODYING A PLAN DRAWN UNDER THIS SECTION SHALL PROVIDE
THAT ANY VACANCY IN THE SENATE OR ASSEMBLY WHICH TAKES OFFICE IN THE
YEAR ENDING IN ONE, OCCURRING AT A TIME WHICH MAKES IT NECESSARY TO FILL
THE VACANCY AT A SPECIAL ELECTION, SHALL BE FILLED FROM THE SAME
DISTRICT WHICH ELECTED THE SENATOR OR MEMBER OF ASSEMBLY WHOSE SEAT IS
VACANT.
S 4. THE SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS SHALL, AT THE
SUIT OF ANY CITIZEN, BE SUBJECT TO REVIEW BY THE COURT OF APPEALS, WHICH
SHALL HAVE ORIGINAL AND EXCLUSIVE JURISDICTION OVER ANY SUCH SUIT; AND
SAID COURT 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 OF APPEALS SHALL
HAVE AUTHORITY TO APPOINT REFEREES, TO ENGAGE THE ASSISTANCE OF EXPERTS,
AND TO COMPEL THE ASSISTANCE OF THE DISTRICTING COMMISSION AND ITS
STAFF, AS IT MAY DEEM NECESSARY TO THE DISPOSITION OF A SUIT BROUGHT
UNDER THIS SECTION. IF THE DISTRICTING COMMISSION SHALL FAIL TO ESTAB-
LISH SENATE, ASSEMBLY OR CONGRESSIONAL DISTRICTS BY THE LAST DAY OF
JANUARY OF THE SECOND YEAR FOLLOWING THE YEAR IN WHICH THE FEDERAL
DECENNIAL CENSUS IS TAKEN, OR IF THE COURT OF APPEALS FINDS THE ESTAB-
LISHMENT OR ALTERATION OF ANY SUCH DISTRICTS TO VIOLATE ANY PROVISION OF
THIS ARTICLE, OR OF THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE
COURT SHALL ORDER THE COMMISSION TO ESTABLISH SUCH DISTRICTS OR MAKE
SUCH ALTERATIONS AS NECESSARY TO PROVIDE A REMEDY, WITHIN SUCH TIME AS
S. 717 4
THE COURT MAY REQUIRE, OR SHALL ITSELF ESTABLISH SUCH DISTRICTS OR MAKE
SUCH ALTERATIONS AS THE COURT DEEMS NECESSARY.
S 4-A. A. (1) NOT LATER THAN APRIL FIRST OF EACH YEAR ENDING IN ONE,
THE LEGISLATIVE SERVICES AGENCY SHALL DELIVER TO THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY IDENTICAL BILLS EMBODYING
A PLAN OF SENATE AND ASSEMBLY AND CONGRESSIONAL DISTRICTING PREPARED IN
ACCORDANCE WITH SECTION THREE OF THIS ARTICLE. IT IS THE INTENT OF THIS
SECTION THAT THE LEGISLATURE SHALL BRING THE BILL TO A VOTE IN EITHER
THE SENATE OR THE ASSEMBLY EXPEDITIOUSLY, BUT NOT LESS THAN THREE DAYS
AFTER THE REPORT OF THE COMMISSION REQUIRED BY SECTION THREE OF THIS
ARTICLE IS RECEIVED AND MADE AVAILABLE TO THE MEMBERS OF THE SENATE AND
ASSEMBLY, UNDER A PROCEDURE OR RULE PERMITTING NO AMENDMENTS EXCEPT
THOSE OF A PURELY CORRECTIVE NATURE. IT IS FURTHER THE INTENT OF THIS
SECTION THAT IF THE BILL IS APPROVED BY THE FIRST HOUSE IN WHICH IT IS
CONSIDERED, IT SHALL EXPEDITIOUSLY BE BROUGHT TO A VOTE IN THE SECOND
HOUSE UNDER A SIMILAR PROCEDURE OR RULE. IF THE BILL EMBODYING THE PLAN
SUBMITTED BY THE NEW YORK STATE LEGISLATIVE TASK FORCE ON DEMOGRAPHIC
RESEARCH AND REAPPORTIONMENT UNDER THIS SECTION FAILS TO BE APPROVED BY
A CONSTITUTIONAL MAJORITY IN EITHER THE SENATE OR THE ASSEMBLY, THE
TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY, AS THE
CASE MAY BE, SHALL AT ONCE, BUT IN NO EVENT LATER THAN SEVEN DAYS AFTER
THE DATE THE BILL FAILED TO BE APPROVED, TRANSMIT TO THE NEW YORK STATE
TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT INFORMATION WHICH
THE SENATE OR ASSEMBLY MAY DIRECT BY RESOLUTION REGARDING REASONS WHY
THE PLAN WAS NOT APPROVED.
(2) HOWEVER, IF THE POPULATION DATA FOR LEGISLATIVE DISTRICTING WHICH
THE UNITED STATES CENSUS BUREAU IS REQUIRED TO PROVIDE THIS STATE UNDER
PUB. L. NO. 94-171 AND, IF USED BY THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT, THE CORRESPONDING
TOPOLOGICALLY INTEGRATED GEOGRAPHIC ENCODING AND REFERENCING DATA FILE
FOR THAT POPULATION DATA ARE NOT AVAILABLE TO THE NEW YORK STATE LEGIS-
LATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT ON OR
BEFORE FEBRUARY FIFTEENTH OF THE YEAR ENDING IN ONE, THE DATES SET FORTH
IN THIS SECTION SHALL BE EXTENDED BY A NUMBER OF DAYS EQUAL TO THE
NUMBER OF DAYS AFTER FEBRUARY FIFTEENTH OF THE YEAR ENDING IN ONE THAT
THE FEDERAL CENSUS POPULATION DATA AND THE TOPOLOGICALLY INTEGRATED
GEOGRAPHIC ENCODING AND REFERENCING DATA FILE FOR LEGISLATIVE DISTRICT-
ING BECOME AVAILABLE.
B. IF THE BILL EMBODYING THE PLAN SUBMITTED BY THE NEW YORK STATE
LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER
PARAGRAPH ONE OF SUBDIVISION A OF THIS SECTION FAILS TO BE ENACTED, THE
NEW YORK STATE LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAP-
PORTIONMENT SHALL PREPARE A BILL EMBODYING A SECOND PLAN OF SENATE,
ASSEMBLY AND CONGRESSIONAL DISTRICTING. THE BILL SHALL BE PREPARED IN
ACCORDANCE WITH SECTION THREE OF THIS ARTICLE, AND, INSOFAR AS IT IS
POSSIBLE TO DO SO WITHIN THE REQUIREMENTS OF SUCH SECTION THREE, WITH
THE REASONS CITED BY THE SENATE OR ASSEMBLY BY RESOLUTION, OR THE GOVER-
NOR BY VETO MESSAGE, FOR THE FAILURE TO APPROVE THE PLAN. IF A SECOND
PLAN IS REQUIRED UNDER THIS SUBDIVISION, THE BILL EMBODYING IT SHALL BE
DELIVERED TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY NOT LATER THAN THIRTY-FIVE DAYS AFTER THE DATE OF THE VOTE
BY WHICH THE SENATE OR THE ASSEMBLY FAILS TO APPROVE THE BILL SUBMITTED
UNDER SUBDIVISION A OF THIS SECTION, OR THE DATE THE GOVERNOR VETOES OR
FAILS TO APPROVE THE BILL. IF IT IS NECESSARY TO SUBMIT A BILL UNDER
THIS SUBDIVISION, THE BILL SHALL BE BROUGHT TO A VOTE NOT LESS THAN
SEVEN DAYS AFTER THE BILL IS SUBMITTED AND MADE AVAILABLE TO THE MEMBERS
S. 717 5
OF THE SENATE AND ASSEMBLY, UNDER A PROCEDURE OR RULE PERMITTING NO
AMENDMENTS EXCEPT THOSE OF A PURELY CORRECTIVE NATURE. IT IS FURTHER THE
INTENT OF THIS SECTION THAT IF THE BILL IS APPROVED BY THE FIRST HOUSE
IN WHICH IT IS CONSIDERED, IT SHALL EXPEDITIOUSLY BE BROUGHT TO A VOTE
IN THE SECOND HOUSE UNDER A SIMILAR PROCEDURE OR RULE. IF THE BILL
EMBODYING THE PLAN SUBMITTED BY THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER THIS SUBDIVISION
FAILS TO BE APPROVED BY A CONSTITUTIONAL MAJORITY IN EITHER THE SENATE
OR THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE OR SPEAKER OF THE
ASSEMBLY, AS THE CASE MAY BE, SHALL TRANSMIT TO THE NEW YORK STATE
LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT
INFORMATION WHICH THE SENATE OR ASSEMBLY MAY DIRECT BY RESOLUTION
REGARDING REASONS WHY THE PLAN WAS NOT APPROVED IN THE SAME MANNER AS
DESCRIBED IN SUBDIVISION A OF THIS SECTION.
C. IF THE BILL EMBODYING THE PLAN SUBMITTED BY THE NEW YORK STATE
LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT UNDER
SUBDIVISION B OF THIS SECTION FAILS TO BE ENACTED, THE SAME PROCEDURE AS
PRESCRIBED BY SUBDIVISION B OF THIS SECTION SHALL BE FOLLOWED. IF A
THIRD PLAN IS REQUIRED UNDER THIS SUBDIVISION, THE BILL EMBODYING IT
SHALL BE DELIVERED TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY NOT LATER THAN THIRTY-FIVE DAYS AFTER THE DATE
OF THE VOTE BY WHICH THE SENATE OR ASSEMBLY FAILS TO APPROVE THE BILL
SUBMITTED UNDER SUBDIVISION B OF THIS SECTION, OR THE DATE THE GOVERNOR
VETOES OR FAILS TO APPROVE THE BILL. THE NEW YORK STATE LEGISLATIVE TASK
FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT SHALL SUBMIT A BILL
UNDER THIS SUBDIVISION SUFFICIENTLY IN ADVANCE OF SEPTEMBER FIRST OF THE
YEAR ENDING IN ONE TO PERMIT THE SENATE AND ASSEMBLY TO CONSIDER THE
PLAN PRIOR TO THAT DATE. IF IT IS NECESSARY TO SUBMIT A BILL UNDER THIS
SUBDIVISION, THE BILL SHALL BE BROUGHT TO A VOTE WITHIN THE SAME TIME
PERIOD AFTER ITS DELIVERY TO THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY AS IS PRESCRIBED FOR THE BILL SUBMITTED
UNDER SUBDIVISION B OF THIS SECTION BUT SHALL BE SUBJECT TO AMENDMENT IN
THE SAME MANNER AS OTHER BILLS.
S 5. CONGRESSIONAL DISTRICTS SHALL BE ESTABLISHED ON THE BASIS OF
POPULATION. A. ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN
POPULATION AS IS PRACTICABLE TO THE IDEAL DISTRICT POPULATION, DERIVED
IN SUBDIVISION B OF SECTION THREE OF THIS ARTICLE.
B. NO CONGRESSIONAL DISTRICT SHALL HAVE A POPULATION WHICH VARIES BY
MORE THAN ONE PERCENT FROM THE APPLICABLE IDEAL DISTRICT POPULATION.
S 2. RESOLVED (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.