STATE OF NEW YORK ________________________________________________________________________

7090--A

2019-2020 Regular Sessions

IN ASSEMBLY

April 5, 2019 ___________

Introduced by M. of A. FERNANDEZ, CRUZ, NIOU -- read once and referred to the Committee on Election Law -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to sections 1, 5 and 7 of article 2 of the constitution, in relation to the right to vote for a non-citizen lawfully admitted for permanent residence in the United States, and proposing an amendment to sections 4, 5 and 5-a of article 3 and section 6 of article 5, in relation to replacing the term alien with non-citizen

1 Section 1. Resolved (if the Senate concur), That section 1 of article 2 2 of the constitution be amended to read as follows: 3 Section 1. Every citizen and, in the case of non-federal elections, 4 every non-citizen lawfully admitted for permanent residence in the 5 United States, shall be entitled to vote at every election for all offi- 6 cers elected by the people and upon all questions submitted to the vote 7 of the people provided that such citizen or such permanent resident is 8 eighteen years of age or over and shall have been a resident of this 9 state, and of the county, city, or village for thirty days next preced- 10 ing an election. 11 § 2. Resolved (if the Senate concur), That section 5 of article 2 of 12 the constitution be amended to read as follows: 13 § 5. Laws shall be made for ascertaining, by proper proofs, the citi- 14 zens or permanent residents who shall be entitled to the right of 15 suffrage hereby established, and for the registration of voters; which 16 registration shall be completed at least ten days before each election. 17 Such registration shall not be required for town and village elections 18 except by express provision of law. 19 § 3. Resolved (if the Senate concur), That section 7 of article 2 of 20 the constitution be amended to read as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89116-03-0

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1 § 7. All elections by the citizens or permanent residents, except for 2 such town officers as may by law be directed to be otherwise chosen, 3 shall be by ballot, or by such other method as may be prescribed by law, 4 provided that secrecy in voting be preserved. The legislature shall 5 provide for identification of voters through their signatures in all 6 cases where personal registration is required and shall also provide for 7 the signatures, at the time of voting, of all persons voting in person 8 by ballot or voting machine, whether or not they have registered in 9 person, save only in cases of illiteracy or physical disability. 10 § 4. Resolved (if the Senate concur), That sections 4, 5 and 5-a of 11 article 3 of the constitution be amended to read as follows: 12 § 4. (a) Except as herein otherwise provided, the federal census taken 13 in the year nineteen hundred thirty and each federal census taken decen- 14 nially thereafter shall be controlling as to the number of inhabitants 15 in the state or any part thereof for the purposes of the apportionment 16 of members of assembly and readjustment or alteration of senate and 17 assembly districts next occurring, in so far as such census and the 18 tabulation thereof purport to give the information necessary therefor. 19 The legislature, by law, shall provide for the making and tabulation by 20 state authorities of an enumeration of the inhabitants of the entire 21 state to be used for such purposes, instead of a federal census, if the 22 taking of a federal census in any tenth year from the year nineteen 23 hundred thirty be omitted or if the federal census fails to show the 24 number of [aliens] non-citizens or Indians not taxed. If a federal 25 census, though giving the requisite information as to the state at 26 large, fails to give the information as to any civil or territorial 27 divisions which is required to be known for such purposes, the legisla- 28 ture, by law, shall provide for such an enumeration of the inhabitants 29 of such parts of the state only as may be necessary, which shall super- 30 sede in part the federal census and be used in connection therewith for 31 such purposes. The legislature, by law, may provide in its discretion 32 for an enumeration by state authorities of the inhabitants of the state, 33 to be used for such purposes, in place of a federal census, when the 34 return of a decennial federal census is delayed so that it is not avail- 35 able at the beginning of the regular session of the legislature in the 36 second year after the year nineteen hundred thirty or after any tenth 37 year therefrom, or if an apportionment of members of assembly and read- 38 justment or alteration of senate districts is not made at or before such 39 a session. At the regular session in the year nineteen hundred thirty- 40 two, and at the first regular session after the year nineteen hundred 41 forty and after each tenth year therefrom the senate districts shall be 42 readjusted or altered, but if, in any decade, counting from and includ- 43 ing that which begins with the year nineteen hundred thirty-one, such a 44 readjustment or alteration is not made at the time above prescribed, it 45 shall be made at a subsequent session occurring not later than the sixth 46 year of such decade, meaning not later than nineteen hundred thirty-six, 47 nineteen hundred forty-six, nineteen hundred fifty-six, and so on; 48 provided, however, that if such districts shall have been readjusted or 49 altered by law in either of the years nineteen hundred thirty or nine- 50 teen hundred thirty-one, they shall remain unaltered until the first 51 regular session after the year nineteen hundred forty. No town, except 52 a town having more than a full ratio of apportionment, and no block in a 53 city inclosed by streets or public ways, shall be divided in the forma- 54 tion of senate districts. In the reapportionment of senate districts, no 55 district shall contain a greater excess in population over an adjoining 56 district in the same county, than the population of a town or block

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1 therein adjoining such district. Counties, towns or blocks which, from 2 their location, may be included in either of two districts, shall be so 3 placed as to make said districts most nearly equal in number of inhabit- 4 ants, excluding [aliens] non-citizens. 5 No county shall have four or more senators unless it shall have a full 6 ratio for each senator. No county shall have more than one-third of all 7 the senators; and no two counties or the territory thereof as now organ- 8 ized, which are adjoining counties, or which are separated only by 9 public waters, shall have more than one-half of all the senators. 10 (b) The independent redistricting commission established pursuant to 11 section five-b of this article shall prepare a redistricting plan to 12 establish senate, assembly, and congressional districts every ten years 13 commencing in two thousand twenty-one, and shall submit to the legisla- 14 ture such plan and the implementing legislation therefor on or before 15 January first or as soon as practicable thereafter but no later than 16 January fifteenth in the year ending in two beginning in two thousand 17 twenty-two. The redistricting plans for the assembly and the senate 18 shall be contained in and voted upon by the legislature in a single 19 bill, and the congressional district plan may be included in the same 20 bill if the legislature chooses to do so. The implementing legislation 21 shall be voted upon, without amendment, by the senate or the assembly 22 and if approved by the first house voting upon it, such legislation 23 shall be delivered to the other house immediately to be voted upon with- 24 out amendment. If approved by both houses, such legislation shall be 25 presented to the governor for action. 26 If either house shall fail to approve the legislation implementing the 27 first redistricting plan, or the governor shall veto such legislation 28 and the legislature shall fail to override such veto, each house or the 29 governor if he or she vetoes it, shall notify the commission that such 30 legislation has been disapproved. Within fifteen days of such notifica- 31 tion and in no case later than February twenty-eighth, the redistricting 32 commission shall prepare and submit to the legislature a second redis- 33 tricting plan and the necessary implementing legislation for such plan. 34 Such legislation shall be voted upon, without amendment, by the senate 35 or the assembly and, if approved by the first house voting upon it, such 36 legislation shall be delivered to the other house immediately to be 37 voted upon without amendment. If approved by both houses, such legis- 38 lation shall be presented to the governor for action. 39 If either house shall fail to approve the legislation implementing the 40 second redistricting plan, or the governor shall veto such legislation 41 and the legislature shall fail to override such veto, each house shall 42 introduce such implementing legislation with any amendments each house 43 of the legislature deems necessary. All such amendments shall comply 44 with the provisions of this article. If approved by both houses, such 45 legislation shall be presented to the governor for action. 46 All votes by the senate or assembly on any redistricting plan legis- 47 lation pursuant to this article shall be conducted in accordance with 48 the following rules: 49 (1) In the event that the speaker of the assembly and the temporary 50 president of the senate are members of two different political parties, 51 approval of legislation submitted by the independent redistricting 52 commission pursuant to subdivision (f) of section five-b of this article 53 shall require the vote in support of its passage by at least a majority 54 of the members elected to each house. 55 (2) In the event that the speaker of the assembly and the temporary 56 president of the senate are members of two different political parties,

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1 approval of legislation submitted by the independent redistricting 2 commission pursuant to subdivision (g) of section five-b of this article 3 shall require the vote in support of its passage by at least sixty 4 percent of the members elected to each house. 5 (3) In the event that the speaker of the assembly and the temporary 6 president of the senate are members of the same political party, 7 approval of legislation submitted by the independent redistricting 8 commission pursuant to subdivision (f) or (g) of section five-b of this 9 article shall require the vote in support of its passage by at least 10 two-thirds of the members elected to each house. 11 (c) Subject to the requirements of the federal constitution and stat- 12 utes and in compliance with state constitutional requirements, the 13 following principles shall be used in the creation of state senate and 14 state assembly districts and congressional districts: 15 (1) When drawing district lines, the commission shall consider whether 16 such lines would result in the denial or abridgement of racial or 17 language minority voting rights, and districts shall not be drawn to 18 have the purpose of, nor shall they result in, the denial or abridgement 19 of such rights. Districts shall be drawn so that, based on the totality 20 of the circumstances, racial or minority language groups do not have 21 less opportunity to participate in the political process than other 22 members of the electorate and to elect representatives of their choice. 23 (2) To the extent practicable, districts shall contain as nearly as 24 may be an equal number of inhabitants. For each district that deviates 25 from this requirement, the commission shall provide a specific public 26 explanation as to why such deviation exists. 27 (3) Each district shall consist of contiguous territory. 28 (4) Each district shall be as compact in form as practicable. 29 (5) Districts shall not be drawn to discourage competition or for the 30 purpose of favoring or disfavoring incumbents or other particular candi- 31 dates or political parties. The commission shall consider the mainte- 32 nance of cores of existing districts, of pre-existing political subdivi- 33 sions, including counties, cities, and towns, and of communities of 34 interest. 35 (6) In drawing senate districts, towns or blocks which, from their 36 location may be included in either of two districts, shall be so placed 37 as to make said districts most nearly equal in number of inhabitants. 38 The requirements that senate districts not divide counties or towns, as 39 well as the 'block-on-border' and 'town-on-border' rules, shall remain 40 in effect. 41 During the preparation of the redistricting plan, the independent 42 redistricting commission shall conduct not less than one public hearing 43 on proposals for the redistricting of congressional and state legisla- 44 tive districts in each of the following (i) cities: Albany, Buffalo, 45 Syracuse, Rochester, and White Plains; and (ii) counties: Bronx, Kings, 46 New York, Queens, Richmond, Nassau, and Suffolk. Notice of all such 47 hearings shall be widely published using the best available means and 48 media a reasonable time before every hearing. At least thirty days prior 49 to the first public hearing and in any event no later than September 50 fifteenth of the year ending in one or as soon as practicable thereaft- 51 er, the independent redistricting commission shall make widely available 52 to the public, in print form and using the best available technology, 53 its draft redistricting plans, relevant data, and related information. 54 Such plans, data, and information shall be in a form that allows and 55 facilitates their use by the public to review, analyze, and comment upon 56 such plans and to develop alternative redistricting plans for presenta-

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1 tion to the commission at the public hearings. The independent redis- 2 tricting commission shall report the findings of all such hearings to 3 the legislature upon submission of a redistricting plan. 4 (d) The ratio for apportioning senators shall always be obtained by 5 dividing the number of inhabitants, excluding [aliens] non-citizens, by 6 fifty, and the senate shall always be composed of fifty members, except 7 that if any county having three or more senators at the time of any 8 apportionment shall be entitled on such ratio to an additional senator 9 or senators, such additional senator or senators shall be given to such 10 county in addition to the fifty senators, and the whole number of 11 senators shall be increased to that extent. 12 The senate districts, including the present ones, as existing imme- 13 diately before the enactment of a law readjusting or altering the senate 14 districts, shall continue to be the senate districts of the state until 15 the expirations of the terms of the senators then in office, except for 16 the purpose of an election of senators for full terms beginning at such 17 expirations, and for the formation of assembly districts. 18 (e) The process for redistricting congressional and state legislative 19 districts established by this section and sections five and five-b of 20 this article shall govern redistricting in this state except to the 21 extent that a court is required to order the adoption of, or changes to, 22 a redistricting plan as a remedy for a violation of law. 23 A reapportionment plan and the districts contained in such plan shall 24 be in force until the effective date of a plan based upon the subsequent 25 federal decennial census taken in a year ending in zero unless modified 26 pursuant to court order. 27 § 5. The members of the assembly shall be chosen by single districts 28 and shall be apportioned pursuant to this section and sections four and 29 five-b of this article at each regular session at which the senate 30 districts are readjusted or altered, and by the same law, among the 31 several counties of the state, as nearly as may be according to the 32 number of their respective inhabitants, excluding [aliens] non-citizens. 33 Every county heretofore established and separately organized, except the 34 county of Hamilton, shall always be entitled to one member of assembly, 35 and no county shall hereafter be erected unless its population shall 36 entitle it to a member. The county of Hamilton shall elect with the 37 county of Fulton, until the population of the county of Hamilton shall, 38 according to the ratio, entitle it to a member. But the legislature may 39 abolish the said county of Hamilton and annex the territory thereof to 40 some other county or counties. 41 The quotient obtained by dividing the whole number of inhabitants of 42 the state, excluding [aliens] non-citizens, by the number of members of 43 assembly, shall be the ratio for apportionment, which shall be made as 44 follows: One member of assembly shall be apportioned to every county, 45 including Fulton and Hamilton as one county, containing less than the 46 ratio and one-half over. Two members shall be apportioned to every other 47 county. The remaining members of assembly shall be apportioned to the 48 counties having more than two ratios according to the number of inhabit- 49 ants, excluding [aliens] non-citizens. Members apportioned on remainders 50 shall be apportioned to the counties having the highest remainders in 51 the order thereof respectively. No county shall have more members of 52 assembly than a county having a greater number of inhabitants, excluding 53 [aliens] non-citizens. 54 The assembly districts, including the present ones, as existing imme- 55 diately before the enactment of a law making an apportionment of members 56 of assembly among the counties, shall continue to be the assembly

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1 districts of the state until the expiration of the terms of members then 2 in office, except for the purpose of an election of members of assembly 3 for full terms beginning at such expirations. 4 In any county entitled to more than one member, the board of supervi- 5 sors, and in any city embracing an entire county and having no board of 6 supervisors, the common council, or if there be none, the body exercis- 7 ing the powers of a common council, shall assemble at such times as the 8 legislature making an apportionment shall prescribe, and divide such 9 counties into assembly districts as nearly equal in number of inhabit- 10 ants, excluding [aliens] non-citizens, as may be, of convenient and 11 contiguous territory in as compact form as practicable, each of which 12 shall be wholly within a senate district formed under the same appor- 13 tionment, equal to the number of members of assembly to which such coun- 14 ty shall be entitled, and shall cause to be filed in the office of the 15 secretary of state and of the clerk of such county, a description of 16 such districts, specifying the number of each district and of the inhab- 17 itants thereof, excluding [aliens] non-citizens, according to the census 18 or enumeration used as the population basis for the formation of such 19 districts; and such apportionment and districts shall remain unaltered 20 until after the next reapportionment of members of assembly, except that 21 the board of supervisors of any county containing a town having more 22 than a ratio of apportionment and one-half over may alter the assembly 23 districts in a senate district containing such town at any time on or 24 before March first, nineteen hundred forty-six. In counties having more 25 than one senate district, the same number of assembly districts shall be 26 put in each senate district, unless the assembly districts cannot be 27 evenly divided among the senate districts of any county, in which case 28 one more assembly district shall be put in the senate district in such 29 county having the largest, or one less assembly district shall be put in 30 the senate district in such county having the smallest number of inhab- 31 itants, excluding [aliens] non-citizens, as the case may require. Noth- 32 ing in this section shall prevent the division, at any time, of counties 33 and towns and the erection of new towns by the legislature. 34 An apportionment by the legislature, or other body, shall be subject 35 to review by the supreme court, at the suit of any citizen, under such 36 reasonable regulations as the legislature may prescribe; and any court 37 before which a cause may be pending involving an apportionment, shall 38 give precedence thereto over all other causes and proceedings, and if 39 said court be not in session it shall convene promptly for the disposi- 40 tion of the same. The court shall render its decision within sixty days 41 after a petition is filed. In any judicial proceeding relating to redis- 42 tricting of congressional or state legislative districts, any law estab- 43 lishing congressional or state legislative districts found to violate 44 the provisions of this article shall be invalid in whole or in part. In 45 the event that a court finds such a violation, the legislature shall 46 have a full and reasonable opportunity to correct the law's legal 47 infirmities. 48 § 5-a. For the purpose of apportioning senate and assembly districts 49 pursuant to the foregoing provisions of this article, the term "inhabit- 50 ants, excluding [aliens] non-citizens" shall mean the whole number of 51 persons. 52 § 5. Resolved (if the Senate concur), That section 6 of article 5 of 53 the constitution be amended to read as follows: 54 § 6. Appointments and promotions in the civil service of the state and 55 all of the civil divisions thereof, including cities and villages, shall 56 be made according to merit and fitness to be ascertained, as far as

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1 practicable, by examination which, as far as practicable, shall be 2 competitive; provided, however, that any member of the armed forces of 3 the United States who served therein in time of war, and who, at the 4 time of such member's appointment or promotion, is a citizen or [an 5 alien] a non-citizen lawfully admitted for permanent residence in the 6 United States and a resident of this state and is honorably discharged 7 or released under honorable circumstances from such service, shall be 8 entitled to receive five points additional credit in a competitive exam- 9 ination for original appointment and two and one-half points additional 10 credit in an examination for promotion or, if such member was disabled 11 in the actual performance of duty in any war and his or her disability 12 is certified by the United States department of veterans affairs to be 13 in existence at the time of application for appointment or promotion, he 14 or she shall be entitled to receive ten points additional credit in a 15 competitive examination for original appointment and five points addi- 16 tional credit in an examination for promotion. Such additional credit 17 shall be added to the final earned rating of such member after he or she 18 has qualified in an examination and shall be granted only at the time of 19 establishment of an eligible list. No such member shall receive the 20 additional credit granted by this section after he or she has received 21 one appointment, either original entrance or promotion, from an eligible 22 list on which he or she was allowed the additional credit granted by 23 this section, except where a member has been appointed or promoted from 24 an eligible list on which he or she was allowed additional credit for 25 military service and subsequent to such appointment he or she is disa- 26 bled as provided in this section, such member shall be entitled to ten 27 points additional credit less the number of points of additional credit 28 allowed for the prior appointment. 29 § 6. Resolved (if the Senate concur), That the foregoing amendment be 30 referred to the first regular legislative session convening after the 31 next succeeding general election of members of the assembly, and, in 32 conformity with section 1 of article 19 of the constitution, be 33 published for 3 months previous to the time of such election.