§ 4. (a) Except as herein otherwise provided, the federal census taken
in the year nineteen hundred thirty and each federal census taken
decennially 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 number of aliens or 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.
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 thirty 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 occurring 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.
Counties, 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
organized, 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
legislature such plan and the implementing legislation therefor on or
before January first or as soon as practicable thereafter but no later
than January fifteenth in the year ending in two beginning in two
thousand twenty-two. The redistricting plans for the assembly and the
senate shall be contained in and voted upon by the 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
notification and in no case later than February twenty-eighth, 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
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
second redistricting plan, or the governor shall veto such legislation
and the legislature shall fail to override such veto, 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
legislation 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 of legislation submitted by the independent redistricting
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.

(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 legislation submitted by the independent redistricting
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
statutes 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
candidates or political parties. The commission shall consider the
maintenance of cores of existing districts, of pre-existing political
subdivisions, 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.

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
legislative 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
thereafter, the independent redistricting commission shall make widely
available to the public, in print form and using the best available
technology, 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 presentation to the commission at the public hearings. The
independent redistricting 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, and the
senate shall always be composed of fifty 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
immediately 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.