NY Legislators' Version of an Independent Commission

With the three-judge panel and master working on the lines for 2012, the scared New York legislature are discussing the following:

The deal would create a panel made up of eight members appointed by the legislative conferences: two appointees apiece from the majority and minority in each chamber. The eight would then independently select two additional members. Those eligible would have to be out of government service for three years before their appointment, and appointments would have to be made two years before map-drawing could actually begin.

A 10-member panel with equal representation from both parties, of course, creates a decent chance for impasse. In addition, there will be a complex set of votes required for the panel and the Legislature that changes depending on whether or not one party controls both chambers. (This sort of minority-protection mechanism is similar to the rules governing the new New York Joint Commission on Public Ethics, where a vote of just a few members is sufficient to block an enforcement action.)

After the panel had completed and approved its work, maps would be voted on by the Legislature. If lawmakers rejected them, the maps would go back to the panel for another pass.

But after a second rejection of the panel’s work, lawmakers would be able to directly amend the independent body’s maps, although numerous technical restrictions would apply to that surgery. That means the legislative majorities would have control at this final stage.

It puts some distance between the sitting legislators and the people drawing the lines.

The plan being discussed also makes improvements to many of the technical details of redistricting, such as eliminating “block-on-border” and “town-on-border” requirements, which prevent map-makers from breaking apart census blocks or towns unless they’re larger than a full Assembly district. This often results in cities and villages being split among legislators who have different sets of towns.

Does anyone think this will work?









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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Three-Judge Panel Appoints Magistrate to Help With NY Redistricting

From Politics on the Hudson by: Cara Matthews.

A three-judge panel in federal court in Brooklyn rejected motions today from legislative leaders to dismiss a lawsuit challenging the state’s redistricting process. The U.S. District Court judges referred the creation of a redistricting plan and all related issues to U.S. Magistrate Judge Roanne Mann, who will prepare a report and recommendation to the panel.

The ruling orders that all parties appear before the panel and Mann at 2 p.m., 02/27, Monday in Brooklyn.

“At this conference, the Court requests that the parties be prepared to discuss special directives or suggestions, if any, this Court should give to the Magistrate Judge to assist her in preparing a redistricting plan, deadlines, and the appointment of experts,” the order states. “After the conference, the parties should be prepared to participate in a conference with Magistrate Judge Mann to discuss these issues.”

The legislative panel charged with redrawing districts based on the 2010 census has released its proposal for State Assembly and Senate seats, but it has yet to release maps for U.S. House districts. The proposed legislative seats have been roundly criticized, particularly the Senate map.

U.S. District Court Judge Dora Irizarry last week asked for the appointment of the three-judge panel, which she is a member of, to decide whether to appoint a “special master” to develop new State and U.S. House seats for New York. Irizarry said the legislative panel wasn’t making enough progress and indicated court intervention might be appropriate.

The timeline for congressional elections this year has been moved up because of a federal court ruling that made June 26 the date for the primary. New York had to move up its congressional primary in order to be in compliance with the federal MOVE Act, which requires that boards of elections send absentee ballots to overseas and military voters at least 45 days before the general election.

New York had scheduled primaries for Sept. 11, which doesn’t leave enough time to count ballots and resolve legal issues. The petitioning process for House seats begins next month. The primary for state legislative offices is still scheduled for Sept. 11.

Gov. Andrew Cuomo and good-government groups have pushed unsuccessfully for independent redistricting. Cuomo has said he would veto any lines that weren’t created by an independent body.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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