NY State Senate Bill 2021-S9556

Senate Bill S9556

2021-2022 Legislative Session

Provides that any review of apportionment by the legislature shall be brought in the supreme court of Albany county

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 14, 2022	referred to rules

2021-S9556 (ACTIVE) - Details

See Assembly Version of this Bill:: A10693
Current Committee:: Senate Rules
Law Section:: Legislature
Laws Affected:: Amd §§1 & 5, Chap 773 of 1911
Versions Introduced in 2023-2024 Legislative Session:: A435

2021-S9556 (ACTIVE) - Summary

Provides that any review of apportionment by the legislature shall be brought in the supreme court of Albany county; provides that such action must be commenced within fourteen days after the apportionment at issue becomes a law.

2021-S9556 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9556

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend chapter 773 of the laws of 1911 relating to providing
for a procedure for the prompt review of an apportionment by the legis-
lature or other body, in relation to bringing any such review to the
supreme court of Albany county

 
PURPOSE:

To update and modernize the procedures for bringing a legal challenge to
a set of redistricting maps.

 
SUMMARY OF PROVISIONS:

Section 1: Amends chapter 773 of the laws of 1911 regarding challenges
to a redistricting map. It requires that the action be filed in Supreme
Court of Albany County and gives plaintiffs two weeks to bring a chal-
lenge after a map is signed into law.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Article III, Section 5 of the NYS Constitution authorizes private citi-
zens to bring a lawsuit challenging a redistricting map. It also author-
izes the Legislature to prescribe "reasonable regulations" governing
such suits. Chapter 773 of the Laws of 1911 was passed to govern these
actions. The statute hasn't been updated in over 100 years. This legis-
lation provides two important updates address recent issues over these
actions.

First, it requires suits to be brought in Albany County Supreme Court.
This avoids plaintiffs attempting to "forum shop" and bring suit in a
court which may be more sympathetic politically to the suit. Albany
County contains the State Capitol and is centrally located. This will
allow that court to develop an expertise in redistricting actions.

Second, it puts a time limit on when a suit can be brought of two weeks
after becoming law. Any action challenging a redistricting should be
brought promptly to avoid placing undue uncertainty and confusion in the
State's election calendar.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2021-S9556 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9556
 
                             I N  S E N A T E
 
                            September 14, 2022
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend chapter 773 of the laws of 1911  relating  to  providing
   for  a  procedure  for  the  prompt  review of an apportionment by the
   legislature or other body, in relation to bringing any such review  to
   the supreme court of Albany county

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1 and 5 of chapter 773 of the laws of 1911  relat-
 ing  to providing for a procedure for the prompt review of an apportion-
 ment by the legislature or other body, are amended to read as follows:
   Section 1. An apportionment by the legislature  shall  be  subject  to
 review by the supreme court OF ALBANY COUNTY at the suit of any citizen,
 upon  the  petition  of any citizen to the supreme court [where any such
 petitioner resides] OF ALBANY COUNTY and upon such service thereof  upon
 the  attorney-general,  the  president of the senate, the speaker of the
 assembly and the governor, as a justice of the supreme court  OF  ALBANY
 COUNTY may direct.
   §  5. [No limitation of the time for commencing an action shall affect
 any proceeding hereinbefore mentioned, or any] AN ACTION UNDER THIS  ACT
 MUST  BE COMMENCED WITHIN FOURTEEN DAYS AFTER THE APPORTIONMENT AT ISSUE
 SHALL BECOME LAW. ANY appeal in any existing  action  or  proceeding  in
 which  the  validity  of  an  apportionment  is  or  may be in issue, if
 commenced within the period during which such apportionment is in  force
 MAY  CONTINUE;  and nothing in this act shall impair any existing remedy
 by which the validity of an apportionment may be determined.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16123-01-2

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