NY State Senate Bill 2023-S8638

Senate Bill S8638

Signed By Governor

2023-2024 Legislative Session

Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts

download bill text pdf

Current Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2024	signed chap.91 delivered to governor returned to senate passed assembly motion to amend lost ordered to third reading rules cal.15 substituted for a435b
Feb 26, 2024	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.465
Feb 23, 2024	reference changed to rules referred to elections

Votes

- Feb 26, 2024 - Floor Vote
  S8638
  
  39
  
  Aye
  
  18
  
  Nay
  
  1
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 26, 2024
      
      aye (39)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (18)
      
      Ashby
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Rolison
      
      Scarcella-Spanton
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      absent (1)
      
      Felder
      
      excused (5)
      
      Canzoneri-Fitzpatrick
      
      Gounardes
      
      O'Mara
      
      Palumbo
      
      Walczyk
  Feb 26, 2024 - Rules Committee Vote
  S8638
  
  11
  
  Aye
  
  6
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 26, 2024
      
      aye (11)
      
      Addabbo Jr.
      
      Bailey
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (6)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Ortt
      
      Stec
      
      aye wr (3)
      
      Breslin
      
      Comrie
      
      Krueger
      
      excused (1)
      
      O'Mara

2023-S8638 (ACTIVE) - Details

See Assembly Version of this Bill:: A435
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §506, CPLR, amd §§1 & 5, Chap 773 of 1911
Versions Introduced in 2021-2022 Legislative Session:: A10693

2023-S8638 (ACTIVE) - Summary

Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts in a judicial department within which at least one petitioner resides.

2023-S8638 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8638

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to desig-
nating the venue where proceedings challenging apportionment by the
legislature shall be commenced; and 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 requiring
that apportionment by the legislature shall be subject to review by
certain designated courts

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 adds a new provision to the Civil Practice Law and Rules to
require a proceeding challenging appointment by the Legislature to be

filed in the designated court in a judicial department where at least
one petitioner resides.

Section 2 amends Chapter 773 of the Laws of 1911 to require a proceeding
challenging appointment by the Legislature to be filed in the designated
court in a judicial department where at least one petitioner resides.

Section 3 provides 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.

The bill would require redistricting challenges to be brought in the
designated court in a judicial department where at least one petitioner
resides in order to update and modernize the procedures for bringing a
legal challenge to a set of redistricting maps. This will allow such
courts to develop an expertise in redistricting actions.

 
LEGISLATIVE HISTORY:

2024: New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2023-S8638 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8638
 
                             I N  S E N A T E
 
                             February 23, 2024
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the civil practice law and rules, in relation to  desig-
   nating  the  venue  where proceedings challenging apportionment by the
   legislature shall be commenced; and 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
   requiring  that  apportionment  by the legislature shall be subject to
   review by certain designated courts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision (b) of section 506 of the civil practice law
 and rules is amended by adding a new paragraph 5 to read as follows:
   5. A PROCEEDING CHALLENGING APPORTIONMENT BY THE LEGISLATURE SHALL  BE
 COMMENCED  IN THE SUPREME COURT IN ANY OF THE FOLLOWING DESIGNATED COUN-
 TIES IN A JUDICIAL DEPARTMENT WHERE AT LEAST ONE PETITIONER RESIDES:
   (I) FIRST JUDICIAL DEPARTMENT: NEW YORK COUNTY;
   (II) SECOND JUDICIAL DEPARTMENT: WESTCHESTER COUNTY;
   (III) THIRD JUDICIAL DEPARTMENT: ALBANY COUNTY; OR
   (IV) FOURTH JUDICIAL DEPARTMENT: ERIE COUNTY.
   § 2. Sections 1 and 5 of 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, are amended to read as follows:
   Section 1. An apportionment by the legislature  shall  be  subject  to
 review [by the supreme court] at the suit of any citizen, upon the peti-
 tion  of any citizen to the supreme court IN ANY OF THE FOLLOWING DESIG-
 NATED COUNTIES IN A JUDICIAL DEPARTMENT where [any such]  AT  LEAST  ONE
 petitioner resides:
   (A) FIRST JUDICIAL DEPARTMENT:  NEW YORK COUNTY;
   (B) SECOND JUDICIAL DEPARTMENT: WESTCHESTER COUNTY;
   (C) THIRD JUDICIAL  DEPARTMENT: ALBANY COUNTY; OR
   (D) FOURTH JUDICIAL DEPARTMENT:  ERIE COUNTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00349-10-4
 S. 8638                             2

 
 and  upon such service thereof  upon the attorney-general, the TEMPORARY
 president of the senate, the speaker of the assembly and  the  governor,
 as a justice of the supreme court may direct.
   §  5.  No limitation of the time for commencing an action shall affect
 any proceeding hereinbefore mentioned, or 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 apportion-
 ment  is  in  force  MAY EXIST; and nothing in this act shall impair any
 existing remedy by which the validity of an apportionment may be  deter-
 mined.
   § 3. This act shall take effect immediately.

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