S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10839
 
                           I N  A S S E M B L Y
 
                               July 20, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski,
   Rodriguez) -- read once and referred to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to sections 2, 4, 5, 5-a and 5-b of article 3  of
   the  constitution,  in  relation  to  the number of state senators and
   inclusion of incarcerated persons in the federal census for population
   determination for redistricting purposes and to the functioning of the
   independent redistricting commission in the determination of  district
   lines  for  congressional and state legislative offices; and to repeal
   section 3 of article 3 of the constitution relating thereto
 
   Section 1.  Resolved (if the Senate concur), That section 2 of article
 3 of the constitution be amended to read as follows:
   § 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.
   § 2. Resolved (if the Senate concur), That section 3 of article  3  of
 the constitution be REPEALED.
   §  3.  Resolved (if the Senate concur), That section 4 of article 3 of
 the constitution be amended to read as follows:
   § 4. (a) Except as herein otherwise provided, the federal census taken
 in the year nineteen hundred thirty and each federal census taken decen-
 nially 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  therefor.
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89167-06-0

 A. 10839                            2
 
 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 INCAR-
 CERATED PERSONS, THE APPROPRIATE STATE ENTITIES SHALL  PROVIDE  INFORMA-
 TION  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 thir-
 ty 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 occur-
 ring 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. Coun-
 ties, 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 organ-
 ized, 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  legisla-
 ture  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

 A. 10839                            3
 
 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 notifica-
 tion  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 imme-
 diately 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 LEGIS-
 LATION 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 REDIS-
 TRICTING 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 LEGIS-
 LATION 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 REDISTRICT-
 ING  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  legis-
 lation  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  redis-
 tricting  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.

 A. 10839                            4

   (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 redis-
 tricting 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 stat-
 utes 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 candi-
 dates  or  political  parties. The commission shall consider the mainte-
 nance of cores of existing districts, of pre-existing political subdivi-
 sions, 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 DRAW-
 ING 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  legisla-
 tive  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  thereaft-
 er, the independent redistricting commission shall make widely available
 to  the  public,  in print form and using the best available technology,

 A. 10839                            5
 
 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 presenta-
 tion to the commission at the public hearings.  The  independent  redis-
 tricting  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  imme-
 diately 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.
   §  4.    Resolved (if the Senate concur), That sections 5-a and 5-b of
 article 3 of the constitution be amended to read as follows:
   [§ 5-a. For the purpose of apportioning senate and assembly  districts
 pursuant to the foregoing provisions of this article, the term "inhabit-
 ants, excluding aliens" shall mean the whole number of persons.]
   § 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 legis-
 lative 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 major-
 ity  of  the members appointed pursuant to paragraphs (1) through (5) of

 A. 10839                            6
 
 this subdivision to convene and preside over each meeting of the commis-
 sion.
   (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 employ-
 ee 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  para-
 graph  (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 redis-
 tricting 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 commis-
 sion.
   (d) Vacancies in the membership of  the  commission  shall  be  filled
 within  thirty  days in the manner provided for in the original appoint-
 ments.
   (e) The legislature shall provide by law for the compensation  of  the
 members  of  the independent redistricting commission, including compen-
 sation for actual and necessary expenses incurred in the performance  of
 their duties.
   (f) A minimum of five members of the independent redistricting commis-
 sion  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 subdi-
 vision (a) of this section, and a minimum of seven members shall consti-
 tute a quorum after such members have been appointed, and no exercise of
 any power of the independent redistricting commission shall occur  with-
 out 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

 A. 10839                            7
 
 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  accord-
 ance 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  lead-
 ers].
   (2)  [One of the co-executive directors shall be enrolled in the poli-
 tical 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 asso-
 ciated 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 establish-
 ment 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 with-
 in 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

 A. 10839                            8

 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 stipu-
 lated in this article, and require other agencies and officials  of  the
 state  of New York and its political subdivisions to provide such infor-
 mation and assistance as the  commission  may  require  to  perform  its
 duties.
   §  5.  Resolved (if the Senate concur), That section 5 of article 3 of
 the constitution be amended to read as follows:
   § 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 appor-
 tioned to the counties having the highest remainders in the order there-
 of 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 imme-
 diately 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  supervi-
 sors,  and in any city embracing an entire county and having no board of
 supervisors, the common council, or if there be none, the body  exercis-
 ing  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 inhabit-
 ants, [excluding aliens,] as may be, of convenient and contiguous terri-
 tory 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  enti-
 tled,  and  shall  cause  to  be filed in the office of the secretary of

 A. 10839                            9
 
 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 appor-
 tionment and districts shall remain unaltered until after the next reap-
 portionment of members of assembly, except that the board of supervisors
 of any county containing a town having more than a ratio  of  apportion-
 ment  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  assem-
 bly  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 disposi-
 tion of the same.  The court shall render its decision within sixty days
 after a petition is filed. In any judicial proceeding relating to redis-
 tricting of congressional or state legislative districts, any law estab-
 lishing 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.
   § 6. Resolved (if the Senate  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.