The Independent View: NY Redistricting Panel With Diminished Role Lives On

Every decade, New York State redraws its Legislative and Congressional Districts in a process that Critics have derided as Skewed toward Incumbents and Majority Parties. The last Redistricting ended in 2012, and the years between then and the 2020 Federal census, which will provide fresh Demographic Data before a New Round, would arguably include a lot of Downtime for the Task Force that was once Assigned to do the Work.

Yet Records show the Legislative Task Force on Demographic Research and Appointment (LATFOR) maintains a Large and Expensive Staff, even though its Power to Draw District Lines was taken away by a Constitutional Amendment passed three years ago. LATFOR had faced Criticism for Drawing District Lines that Favor the Candidates of Majority Assembly Democrats and Senate Republicans.

The most recent Expenditure Reports for the Senate and Assembly, running through last September, showed LATFOR employing 17 People, including Two Assembly Staffers, Three Senate Staffers and 12 Joint Assembly and Senate Majority Staffers. The Records indicate that between October 2015 and September 2016, nearly $1.5 Million was spent on Staff and other Expenses by LATFOR. But the Office has not Issued a News Release in Five Years and its website provides no Information on any Work unfolding there now.

Dick Dadey, Executive Director of the Government Reform Group Citizens Union, was surprised that LATFOR retained so many Staffers. Even though the Task Force's Power to Draw District Lines is Gone, Dadey noted its continued existence allows the Assembly Democrats and Senate Republicans certain Electoral Advantages. That includes Access to Key Information before Federal Census Data is made Public. For instance, LATFOR can provide the Parties Data about Population shifts. "It's a place for patronage and to allow the respective houses to stay on top of demographic changes," Dadey said. "They can know which seats to protect or where there are new opportunities."

The Minority Parties have complained that they have Little Input in the Program and Receive No Information from the Task Force. In 2012, after LATFOR's Maps were introduced, Brooklyn Sen. Martin Dilan, the Minority Senate Democrat on LATFOR, said at a Hearing that "the entire process has been a farce, a sham, has been a waste of money." Dadey said he favored Getting Rid of LATFOR, but "it's not easy to get rid of an agency."

LATFOR has a Senate Republican-Appointed Co-Executive Director, Frank Tassone, who is paid about $134,000 a year. A Co-Executive Director, Karen Blatt, Appointed by the Assembly Democrats, was paid about $81,000 last year. Other job titles at LATFOR include a Demographer, an Analyst, and a Computer Programmer. LATFOR's office is at 250 Broadway in Manhattan, a Building which Houses other Governmental entities.

Jeffrey M. Wice, an Attorney who is a Fellow at the State University at Buffalo and an Expert on Redistricting, said LATFOR can still Play an Important Role in the Intervening Years between Redistricting. For instance, Wice said, LATFOR helps determine whether the Mapping of Roads and Buildings is Accurate, creating the Boundaries that are Key for the Work of the U.S. Census Bureau. "It's important that LATFOR be able to work with the U.S. Bureau to provide updates before the 2020 census process," Wice said.

Wice worked with ex-Assembly Speaker Stanley Fink in 1978 to Create what Wice said was the "most advanced redistricting commission in the country." In the 1980s, it Expanded to doing Demographic Research as well. In the years since, Wice has worked closely with the Task Force as an Assembly and Senate Democratic Staffer. Wice said another Role of LATFOR during off years was to help provide Data to Local Governments. The Task Force also Warehouses Electoral Data from every Election.

When LATFOR still had the Power to draw District Lines, the Majority Parties had an Advantage due to its composition. The Task Force consisted of Two Members each from the Majority Parties in the Senate and Assembly, and one Minority Member from each Chamber. As a matter of course, the Majority Assembly Democrats allowed the Majority Senate Republicans to draw the Lines for their respective Chamber, and visa versa.

During the 2010 Elections, New York City Mayor Ed Koch Campaigned for Redistricting Reform and won a Pledge from many Lawmakers, including all the Senate Republicans, to support Nonpartisan Redistricting. current Gov. Andrew Cuomo also pushed for the Measure.

Senate Republicans backed out, however, and Cuomo settled for a Deal: Lawmakers would get to Draw their Own Districts one last time, but had to Pass a Constitutional Amendment Changing the Process for 2020. Despite the criticism, the Lines drawn in 2012 held up in Court. The Constitutional Amendment was Approved by Voters in 2014. Some like Dadey Championed it as a step forward, while other Good Government Leaders said it was filled with Loopholes. The New Process is centered around a 10-Member Bipartisan Panel. There will be Two Appointees each from the Assembly Democrats, Assembly Republicans, Senate Democrats and Senate Republicans. The other Two Members will be Appointed by those Eight Legislatively appointed Members and None of these Members can be Lawmakers. If the Maps Drawn up by the Panel Fail Twice to gain Passage by the Legislature, Lawmakers would get to Amend the Plan.

LATFOR, meanwhile, has no Constitutionally defined Role in the New arrangement, but continues to be Funded by the Legislature.

Dadey said it's possible that LATFOR will still Play a Role in the next Redistricting by providing Information to the new Bipartisan Panel. But he hopes the Panel will Solicit other Independent Information as well. He said LATFOR data "isn't unbiased" and it's data can be "sliced and diced."

There's another possible Variable for the Next Redistricting: The U.S. Supreme Court agreed in June to take a Case from Wisconsin concerning what Constitutes partisan Gerrymandering of Districts. Still, whatever the Court's Decision, it's far from clear if that would have any Impact in New York, Wice said. What's clearer is that LATFOR will Live On for the foreseeable Future.

Blair Horner, Executive Director of the New York Public Interest Research Group, said that his Organization believes that LATFOR may have some Function in between Redistricting changes, but "we believe that the agency should be junked. It should be replaced by an independent entity, not one beholden to the people who benefit from its decisions," Horner said.

LATFOR would most likely be used to draw Legislative and Congressional Boundaries after the 2020 Census in the Event the Legislature Rejects the First Two Plans drawn by the New Constitutionally Mandated Commission, or the Third Plan submitted by the Amended Plan.

A Constitutional Convention in 2020, if approved by the Voters in this November Election, could also alter the 2014 Approved Redistricting Commission Scheme.