S T A T E O F N E W Y O R K
________________________________________________________________________
5160--A
2021-2022 Regular Sessions
I N S E N A T E
February 25, 2021
___________
Introduced by Sens. SKOUFIS, GAUGHRAN, KAMINSKY, KAPLAN, THOMAS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Local Government -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the municipal home rule law, in relation to the division
of a county into districts for the apportionment of members of its
local legislative body
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 34 of the municipal home rule law
is renumbered subdivision 5 and a new subdivision 4 is added to read as
follows:
4. NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, ANY PLAN OF
DISTRICTING OR REDISTRICTING ADOPTED PURSUANT TO A COUNTY CHARTER OR
CHARTER LAW RELATING TO THE DIVISION OF ANY COUNTY, EXCEPT A COUNTY
WHOLLY CONTAINED WITHIN A CITY, INTO DISTRICTS FOR THE PURPOSE OF THE
APPORTIONMENT OR REAPPORTIONMENT OF MEMBERS OF ITS LOCAL LEGISLATIVE
BODY SHALL BE SUBJECT TO FEDERAL AND STATE CONSTITUTIONAL REQUIREMENTS
AND SHALL COMPLY WITH THE FOLLOWING STANDARDS, WHICH SHALL HAVE PRIORITY
IN THE ORDER HEREIN SET FORTH, TO THE EXTENT APPLICABLE:
A. IF SUCH PLAN OF DISTRICTING OR REDISTRICTING INCLUDES ONLY SINGLE-
MEMBER DISTRICTS, SUCH DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION
AS IS PRACTICABLE; THE DIFFERENCE IN POPULATION BETWEEN THE MOST AND
LEAST POPULOUS DISTRICT SHALL NOT EXCEED FIVE PERCENT OF THE MEAN POPU-
LATION OF ALL DISTRICTS. IF SUCH PLAN OF DISTRICTING OR REDISTRICTING
INCLUDES MULTI-MEMBER DISTRICTS, THE PLAN SHALL PROVIDE SUBSTANTIALLY
EQUAL WEIGHT FOR THE POPULATION OF THAT COUNTY IN THE ALLOCATION OF
REPRESENTATION IN THE LEGISLATIVE BODY OF THAT COUNTY; AND
B. DISTRICTS SHALL NOT BE DRAWN WITH THE INTENT OR RESULT OF DENYING
OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL OR LANGUAGE MINORITY GROUPS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01955-12-1
S. 5160--A 2
TO PARTICIPATE IN THE POLITICAL PROCESS OR TO DIMINISH THEIR ABILITY TO
ELECT REPRESENTATIVES OF THEIR CHOICE; AND
C. DISTRICTS SHALL CONSIST OF CONTIGUOUS TERRITORY; AND
D. DISTRICTS SHALL BE AS COMPACT IN FORM AS PRACTICABLE; AND
E. TO THE EXTENT PRACTICABLE, DISTRICTS SHALL UNITE COMMUNITIES
DEFINED BY ACTUAL SHARED INTERESTS, TAKING ACCOUNT OF GEOGRAPHIC,
SOCIAL, ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER-
EST; AND
F. 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 MAINTENANCE OF CORES OF EXISTING
DISTRICTS, OF PRE-EXISTING POLITICAL SUBDIVISIONS INCLUDING CITIES,
VILLAGES, AND TOWNS, AND OF COMMUNITIES OF INTEREST SHALL ALSO BE
CONSIDERED. TO THE EXTENT PRACTICABLE, NO VILLAGES, CITIES OR TOWNS
EXCEPT THOSE HAVING MORE THAN FORTY PERCENT OF A FULL RATIO FOR EACH
DISTRICT SHALL BE DIVIDED; AND
G. DISTRICTS SHALL BE FORMED SO AS TO PROMOTE THE ORDERLY AND EFFI-
CIENT ADMINISTRATION OF ELECTIONS.
§ 2. The opening paragraph and clauses (a.) and (b.) of subparagraph
13 of paragraph a of subdivision 1 of section 10 of the municipal home
rule law, the opening paragraph and subclause (i.) of clause (a.) as
amended by section 3 of part XX of chapter 57 of the laws of 2010,
clauses (a.) and (b.) as added by chapter 834 of the laws of 1969, are
amended to read as follows:
The apportionment of its legislative body and, only in connection with
such action taken pursuant to this subparagraph, the composition and
membership of such body, the terms of office of members thereof, the
units of local government or other areas from which representatives are
to be chosen and the voting powers of individual members of such legis-
lative body. Except for the equal apportionment requirements in
subclause (i.) of clause (a.) and clause (c.) of this subparagraph,
which shall apply generally to any local government, the power granted
by this subparagraph shall be in addition to and not in substitution for
any other power and the provisions of this subparagraph shall apply only
to local governments which adopt a plan of [apportionment] DISTRICTING
OR REDISTRICTING thereunder.
(a.) A plan of [apportionment] DISTRICTING OR REDISTRICTING adopted
under this subparagraph shall comply with the following standards, which
shall have priority in the order herein set forth, to the extent appli-
cable:
(i.) [The plan shall provide substantially equal weight for the popu-
lation of that local government in the allocation of representation in
the local legislative body.
(ii.) In such plan adopted by a county, no town except a town having
more than one hundred and ten per cent of a full ratio for each repre-
sentative, shall be divided in the formation of representation areas.
Adjacent representation areas in the same town or city shall not contain
a greater excess in population than five per cent of a full ratio for
each representative.
(iii.) The plan shall provide substantially fair and effective repre-
sentation for the people of the local government as organized in poli-
tical parties.
(iv.) Representation areas shall be of convenient and contiguous
territory in as compact form as practicable.] IF SUCH PLAN OF DISTRICT-
ING OR REDISTRICTING INCLUDES ONLY SINGLE-MEMBER DISTRICTS, SUCH
DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION AS IS PRACTICABLE; THE
S. 5160--A 3
DIFFERENCE IN POPULATION BETWEEN THE MOST AND LEAST POPULOUS DISTRICT
SHALL NOT EXCEED FIVE PERCENT OF THE MEAN POPULATION OF ALL DISTRICTS.
IF SUCH PLAN OF DISTRICTING OR REDISTRICTING INCLUDES MULTI-MEMBER
DISTRICTS, THE PLAN SHALL PROVIDE SUBSTANTIALLY EQUAL WEIGHT FOR THE
POPULATION OF THAT LOCAL GOVERNMENT IN THE ALLOCATION OF REPRESENTATION
IN THE LOCAL LEGISLATIVE BODY; AND
(II.) DISTRICTS SHALL NOT BE DRAWN WITH THE INTENT OR RESULT OF DENY-
ING OR ABRIDGING THE EQUAL OPPORTUNITY OF RACIAL OR LANGUAGE MINORITY
GROUPS TO PARTICIPATE IN THE POLITICAL PROCESS OR TO DIMINISH THEIR
ABILITY TO ELECT REPRESENTATIVES OF THEIR CHOICE; AND
(III.) DISTRICTS SHALL CONSIST OF CONTIGUOUS TERRITORY; AND
(IV.) DISTRICTS SHALL BE AS COMPACT IN FORM AS PRACTICABLE; AND
(V.) TO THE EXTENT PRACTICABLE, DISTRICTS SHALL UNITE COMMUNITIES
DEFINED BY ACTUAL SHARED INTERESTS, TAKING ACCOUNT OF GEOGRAPHIC,
SOCIAL, ECONOMIC, AND OTHER FACTORS THAT INDICATE COMMONALITY OF INTER-
EST; AND
(VI.) 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 MAINTENANCE OF CORES OF EXISTING
DISTRICTS, OF PRE-EXISTING POLITICAL SUBDIVISIONS INCLUDING CITIES,
VILLAGES, AND TOWNS, AND OF COMMUNITIES OF INTEREST SHALL ALSO BE
CONSIDERED. TO THE EXTENT PRACTICABLE, NO VILLAGES OR CITIES OR TOWNS
EXCEPT THOSE HAVING MORE THAN FORTY PERCENT OF A FULL RATIO FOR EACH
DISTRICT SHALL BE DIVIDED; AND
(VII.) DISTRICTS SHALL BE FORMED SO AS TO PROMOTE THE ORDERLY AND
EFFICIENT ADMINISTRATION OF ELECTIONS.
(b.) A plan of [apportionment] DISTRICTING OR REDISTRICTING adopted by
a county under this subparagraph may provide that mayors of cities or
villages, supervisors of towns or members of the legislative bodies of
cities, towns, or villages, who reside in the county shall be eligible
to be elected as members of the county legislative body.
§ 3. This act shall take effect immediately.
