Redistricting in New York State Citizens Union/League of Women Voters of New York State Background Information on Redistricting What is redistricting? Redistricting determines the lines of state legislative and congressional districts for each voter. In most states, the Legislature is the entity that draws the lines. Background: Currently, the Legislative Task Force for Demographic Research and Reapportionment (LATFOR) is responsible for drawing district lines. LATFOR consists of 6 members: 2 from the Senate Majority Party; 2 from the Assembly Majority Party; 1 from the Senate Minority Party; and 1 from the Senate Minority Party. 4 of the 6 members of LATFOR are legislators. The redistricting plan must be approved by the State Legislature and the Governor. Partisan redistricting or gerrymandering is largely responsible for New York state s lack of competitive elections. New York s incumbent return rate is one of the highest in the nation, hovering close to 95%. How district lines are drawn contributes to this phenomenon. Voters are denied a real choice on Election Day as districts are manipulated to avoid electoral challenges. Under federal constitutional and statutory law, each district s population should be roughly equal, which has been interpreted to mean that the population difference between the largest and smallest state legislative districts should not be more than 10% (+/- 5%) of the average district population. Large deviations from the ideal district size allow legislators to protect their own legislative majorities by creating more districts (with smaller populations) in their power centers. Only 29 of 212 legislative districts (14 percent) are within one percent of the ideal size. While not technically illegal, New York has legislative district lines that can be dramatically different in size. A 2010 analysis of district populations found that State Assembly districts ranged in size from 121,111 people to 133,038 people, and State Senate districts ranged in size from 290,925 people to 320,851 people. The Democrats in the State Assembly and the Republicans in the State Senate have each controlled the drawing of the district lines in their respective houses. Both houses agree to the other s plans and the legislation is then sent to the Governor for his signature. By using techniques like packing, whereby lines are drawn to concentrate many supporters of political opponents into a few districts, and cracking, whereby opponents supporters are split among several districts, they dramatically increase their party s chances of incumbency for the next decade. These designer districts literally allow for legislators to choose the voters before the voters have a chance to choose them. CU/LWVNYS Background on Redistricting page 1
League History: Redistricting Reform In all of its 90+ years of history, the League has stood for fair and equitable representation for the people of our state. Recognizing the extreme partisan nature of New York s redistricting process, the League has worked since 1966 for adoption of a constitutional amendment to set specific, fair and permanent guidelines for the redistricting process. The Amendment (as it will read on the ballot): Revising State s Redistricting Procedure The proposed amendment to sections 4 and 5 and addition of new section 5-b to Article 3 of the State Constitution revises the redistricting procedure for state legislative and congressional districts. The proposed amendment establishes an independent redistricting commission every 10 years beginning in 2020, with two members appointed by each of the four legislative leaders and two members selected by the eight legislative appointees; prohibits legislators and other elected officials from serving as commissioners; establishes principles to be used in creating districts; requires the commission to hold public hearings on proposed redistricting plans; subjects the commission s redistricting plan to legislative enactment; provides that the legislature may only amend the redistricting plan according to the established principles if the commission s plan is rejected twice by the legislature; provides for expedited court review of a challenged redistricting plan; and provides for funding and bipartisan staff to work for the commission. Shall the proposed amendment be approved? CU/LWVNYS Background on Redistricting page 2
Redistricting in the U.S.: In most states, the process of redistricting is done entirely by the legislature. Five states - Iowa, Maine, New York, Rhode Island and Vermont have advisory commissions to help advise the legislature, but in most cases, the legislature can ignore their recommendations. 7 states have special back up procedures to draw state district lines if the legislature fails to do so. In MD, the Governor s proposal becomes the default plan; in OR, the job falls to the Secretary of State. Each of the other five states forms a backup commission. i Only 6 states (Alaska, Arizona, California, Idaho, Montana and Washington) have independent commissions, as defined by the Brennan Center, in which no individual drawing the lines can be a legislator or public official. However, even in these states, legislators or elected officials are involved in selecting commission members. California is the only state where legislators or elected officials are not involved in selecting commission members. Under redistricting reform in New York, legislators or elected officials - including, spouses, lobbyists and party leaders - are prohibited from serving on the independent commission. Moreover, the legislature would have to adhere to new criteria to draw the lines set forth by the amendment and would only be able to amend a Commission s plan, not create an entirely new plan. See the chart below for an overview of state legislative redistricting in the U.S. Alabama Alaska State State Legislature Draws Lines State Legislative Districts Commission Commission Membership Final Line Approval Governor appoints 2 President of Senate appoints 1 Speaker of the House appoints 1 Supreme Court Chief Justice appoints 1 Commission Legislature Voters CU/LWVNYS Background on Redistricting page 3
Arizona Commission on appellate court appointees creates a pool of 25 nominees; 10 from each of the two largest parties and 5 not from either of the two largest parties. Of these: Highest ranking officer of the house appoints 1 Minority leader of the house appoints 1 Highest ranking office of the senate appoints 1 Minority leader of the senate appoints 1 These 4 appoint a fifth from the pool, not a member of any party already represented on the commission, as chair Arkansas 3 Commission Members: Governor Secretary of State Attorney General California 14 Commission Members: 5 Democrats 5 Republicans 4 members from neither party Government auditors are to select 60 registered voters from an applicant pool; the auditors then are to pick 8 commission members by lottery, and those commissioners pick 6 additional members Colorado 11 Commission Members: Legislature selects 4 (Speaker of the House, House Minority Leader, Senate Majority & Minority Leaders, or their delegates) Governor selects 3 Judiciary selects 4 CU/LWVNYS Background on Redistricting page 4
Connecticut Delaware Florida Georgia Hawaii 9 Commission Members: Legislative Majority and Minority Leaders each select 2 Those 8 commissioners then select 1 9 Commission Members: each select 2 6 of those 8 commissions must agree on 1 tiebreaker - If legislature is unable to obtain 2/3 vote - 2/3 Vote Idaho 6 Commission Members: each select 1 State Chairs of Major Parties each select 1 Illinois 8 Commission Members (9 in case of tie): Legislative majority & minority leader each select 1 legislator and 1 nonlegislator Tiebreaker chosen - If legislature fails to draw the lines by the deadline, it defaults to the commission - Lawmakers have first opportunity to draw the lines. Indiana Iowa Legislative Services Agency Kansas Kentucky Louisiana CU/LWVNYS Background on Redistricting page 5
Maine 1 Senate Majority & Minority Leaders each select 2 House Majority & Minority Leaders each select 2 State chairs of major parties each select 1 The groups of 6 commissioners from each major party each select 1 commissioner from the public The two "public commissioner" selects 1 tiebreaker Maryland Massachusetts Michigan Minnesota Mississippi Missouri For House Districts, 18 Members: Each Major party selects 2 nominees per Congressional district Governor chooses 1 of the nominees per party per Congressional district Each major party selects 10 nominees (Governor choose 5 of the nominees from each party) Montana 5 Members: each select 1 Those 4 commissioners select 1 tiebreaker Nebraska Nevada New Hampshire CU/LWVNYS Background on Redistricting page 6
New Jersey 10 Commission Members: Major parties each choose 5 Tiebreaker chosen by Chief Justice, if necessary New Mexico New York 6 Commission Members: each select 1 legislator and 1 non- legislator Legislative Minority leaders each select 1 North Carolina North Dakota Ohio Governor State Auditor Secretary of State Legislative leaders of Majority party select 1 Legislative leaders of Minority party select 1 Oklahoma Oregon Pennsylvania each select 1 Those 4 commissioners select a tiebreaker If no plan is adopted by legislature within first 90 days of session, a backup Commission draws the lines Rhode Island CU/LWVNYS Background on Redistricting page 7
South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Lieutenant Governor Attorney General Comptroller of Public Accounts Commissioner of the General Land Office House Majority Leader Governor selects 2 (1 from each major party) Each major party selects 1 Chief Justice Selects 1 each select 1 Those 4 commissioners select 1 nonvoting chair West Virginia Wisconsin Wyoming *Most of the information contained in this document was obtained from: Brennan Center for Justice. (2010). A 50 State Guide to Redistricting. http://www.brennancenter.org/publication/50-state-guide-redistricting National Conference on State Legislatures. (2008). 2009 Redistricting Commissions Table. http://www.ncsl.org/research/redistricting/2009-redistricting-commissions-table.aspx - Commission is only formed if state legislature fails to create a plan i Brennan Center for Justice. (2010). National Overview of Redistricting: Who draws the lines? http://www.brennancenter.org/analysis/national-overview-redistricting-who-drawslines CU/LWVNYS Background on Redistricting page 8