MEMORANDUM IN SUPPORT

Transcription

1 MEMORANDUM IN SUPPORT Title: Resolution recommending a Redistricting Plan for the Niagara County Legislature for the years 2012 thru 2021 Summary of Provisions: The Resolution recommends the adoption of a Local Law implementing the redistricting of the Niagara County Legislature as a 15 member body using the 2010 Census in accordance with the United States Constitution, the Voting Rights Act of 1965, as amended, the Municipal Home Rule Law of the State of New York and Niagara County Local Law Number 5 of Section 1 of the Local Law vests the legislative powers of the County of Niagara in the County Legislature. Section 2 of the Local Law apportions the Niagara County Legislature consisting of 15 single seat districts. Section 3 of the Local Law continues the current legislative districts for certain purposes through December 31, 2011 Section 4 of the Local Law provides for the Separability of the legislative districts Section 5 of the Local Law provides for the effective date of the Local Law. Justification The Niagara County Legislature is required by law to reapportion itself following the federal census into districts of substantially equal population. In addition Local Law No. 5 of 2009 required the Niagara County Legislature to downsize from 19 members to 15 members effective for the terms beginning January 1, The proposed Local law apportions the County of Niagara into 15 legislative districts ranging in size from a population of 14,988 residents to a population of 13,806 residents. The deviation from an ideal district ranges from 557 residents overweight to 625 residents underweight. The total deviation under the plan is 8.2%, well under the 10% deviation the Courts have indicated constitutes as a minor deviation not requiring the County to justify for purposes of the Equal Protection clause of the United States Constitution. April 6,

2 Eight (8) of the proposed districts are underweight by deviations ranging from 0.9% to 4.3%. Five (5) of the proposed districts are overweight by deviations ranging from 0.1% to 3.9%. Two (2) districts are virtually of the ideal population. Excluding the judicially sanctioned, Voting Rights Act required majority-minority district, the total deviation ranges from 557 overweight to 230 underweight, a difference of 787 persons out of a total population of 216,469, the total percentage deviation of these fourteen (14) districts is 5.5%. These minor deviations result from application of legitimate, consistently applied legislative criteria, including preserving the integrity of political subdivisions, recognizing natural or historical boundary lines, limiting the number of election districts being split, preserving the cores of existing districts, complying with the requirements of the Voting Rights Act which prohibits the dilution of the current voting rights of racial minorities based on traditional districting principles and where possible, preventing contests between incumbent legislators. The plan also seeks to address issues raised by the public pursuant to the public hearings before the Commission; in particular the plan seeks to preserve communities of interests, preserve the integrity and identity of the City of Niagara Falls, avoid political partisanship and gerrymandering and seek to share the pain of the reduction in the size of the County Legislature. As to the individual districts: District 15 is drawn in a way which seeks to preserve the core of old District 19 in the Towns of Royalton and Hartland, while adding population from the growing community of South Lockport. The northern boundary of the new district in the Town of Lockport respects the current Legislative Boundary, as it has existed for the past ten years. Town of Lockport Election District 6 is preserved and while Election District 13 is split at the Mud Creek - Bartz Road Line, this division is the only possible division, which permits District 11 to be drawn with a 0% deviation from the norm. Any other division will result in excess population moving to District 15 and a significant loss of population for District 11. District 14 Is similarly drawn to the North, preserving the core of old District 18 in the Towns of Somerset and Newfane, while adding necessary population along the rapidly growing northern regions of the Town of Lockport. The minor 1% deviation from an ideal district is due entirely to the use of the NYS Erie Canal, which prevents the division of Town of Lockport Election District 12 and the need to use the City Line and Leete Road to the West to bring sufficient population to the new district. District 13 provides residents of the City of Lockport with their own voice on the County Legislature. The district combines portions of current districts 15 and 16 and is divided along the historic Erie Canal and the CSX Railroad tracks, taking in all of Wards 2, 4 and 5 of the City of Lockport. The district is drawn with April 6,

3 a 0% deviation from the norm and is the only district completely contained in the City, the downsizing of the Legislature having cost the City its second wholly contained seat. District 12 is drawn in a way that seeks to preserve the core of old district 17, following a traditional North South split of the Legislative Districts in the Town of Lockport. The minor 2.4% deviation is the result of the decision to divide the City of Lockport in a manner that preserves the integrity of City election district 1-2 and seeks to provide another legislative voice for City of Lockport residents, who lose a city legislative seat as a result of the downsizing of the Legislature. District 11 is drawn to preserve the core of old district 11. Having lost a portion of its northern population to District 14, the growth in the population of the Town along with its taking in a portion of the City of Lockport (giving the city three (3) voices in the County Legislature) allows this district to be drawn with a 0% deviation from the norm. District 10 is drawn to preserve the core of old district 14 in the agricultural communities of Wilson and Cambria. As a result of growth in the population of the Town of Wheatfield, the addition of the northern parts of the Town of Wheatfield to the East of Ward Road permit the drawing of district that is only 8 individuals above an ideally drawn district. District 9 is one of two County Legislative Districts wholly contained in the City of North Tonawanda. As a result of the downsizing of the County Legislature, North Tonawanda loses one of its wholly contained Legislative seats. The 1.1% deviation is the result of the use of much of the existing boundary line dividing the current County Legislative District 10 from District 11. This helps avoid a contest between the County Legislators currently representing Districts 10 and 11. District 9 also picks up all of City Ward Election Districts 1-4 and 1-8. Divisions of EDs 1-3, 1-7 and 1-6 are necessary in a densely populated community in order to comply with the equal population requirements of the law. Further reductions in the deviations between the districts are not practicable due to the size of each census block population. District 8 is the second wholly contained City of North Tonawanda County Legislative District. The same criteria and challenges faced in dividing the district as discussed regarding District 9 exist regarding District 8 resulting in a deviation of 1.3% from ideal. The district is also drawn so as not to divide the City of North Tonawanda waterfront along the Niagara River. District 7 is drawn to lessen the sting of the City of North Tonawanda losing one of its voices in the County Legislature. The district combines the remainder of the City with the growing communities adjoining the City of North Tonawanda in the Town of Wheatfield. It allows the City to retain three voices even as it loses one of its wholly contained seats. The 1.3% population deviation April 6,

4 reflects the use of readily identifiable boundaries, such as the CSX Railroad Right of Way, the preservation of the historic hamlet of Bergholz and efforts to retain significant portions of the current eighth Legislative District. District 5 is drawn to maximize the voice of City of Niagara Falls residents in a combined City of Niagara Falls/Town of Niagara Falls district. In addition to all of the Town of Niagara, the district includes portions of the old First District centered on the DeVeaux neighborhood and the northeast portions of the City of Niagara Falls east of Hyde Park Boulevard. The district is drawn so as not to dilute the votes of either the La Salle neighborhood or the judicially sanctioned Voter Right Act required majority minority district. The borders of the district seek to generally follow established major roadways including, Hyde Park Boulevard and Porter Road. District 4 is drawn to preserve the current majority-minority district as approved by the Federal Court in 1993 and continued in Population is added along its eastern boundary in order to meet the legal requirement that districts be of substantially equal weight. Although the district has a 4.3% population deviation, this reflects an abundance of caution as to adding population that would have the effect of diluting the voting rights of this protected class of voters, raising a potential Voting Rights Act violation. District 3 is drawn to preserve the identity of the La Salle neighborhoods of the City of Niagara Falls. It preserves the core of the current fifth legislative district, adding population east of the I-190 in order to further unite this vibrant city region. It is one of three County Legislative districts wholly contained in the City of Niagara Falls, the most its 2010 population of 50,193 can legally support. The minor 3.2% population deviation necessarily reflects a densely populated community and the difficulty faced in making further reductions in the deviations between the districts due to the size of each census block population. District 6 is drawn to create the third Niagara Falls County Legislative district. The District included most of the population of the City in the region primarily south of Hyde Park, including Little Italy. The district also includes the tourist areas and attraction adjacent to the world famous Niagara Falls. It has a population deviation of 3.1%, again reflecting a densely populated community and the difficulty faced in making further reductions in the deviations between the districts due to the size of each census block population. District 2 is drawn to include Niagara University, the Village of Lewiston, the southern portion of the Town of Lewiston, including the Tuscarora Indian Reservation, and a significant portion of the Town of Wheatfield, including the historic hamlet of Bergholz. the core of the Town of Wheatfield. District 1 is drawn to retain the core of the current District 13 including all of the Town of Porter, only minor changes are made to the current district, adding April 6,

5 population East of the Tuscarora Indian Reservation. The district s 1.6% population deviation is directly related to respecting the borders of the Indian Reservation. Effective Date: The Local Law will be effective 45 days after its adoption unless a petition validly signed by 5% of the registered voters is filed protesting the local law. In which case the Local Law will be effective upon approval of the voters at a referendum to be held no later than November 8, 2011 April 6,