Albany Times Union

New hurdles for redistrict­ing process

Uncertaint­y abounds in 10-year action, including deadlines

- By Chris Bragg

New York’s once-a-decade legislativ­e redistrict­ing process has traditiona­lly been filled with contention, intrigue and backroom dealing.

That process is beginning again, and this time will play out with new variables, including COVID-19 and uncertaint­y about a measure meant to make the process fairer and more transparen­t, according to witnesses at a state legislativ­e hearing held Wednesday.

The redrawing of state legislativ­e and congressio­nal district lines every 10 years is based on the results of the currently ongoing, once-a-decade national census, which picks up shifts in population­s within states.

For the first time, under a constituti­onal amendment passed by New York voters in 2014, a 10-person, bipartisan redistrict­ing commission is charged with drawing New York district lines for 2022 and the decade beyond, based on those census findings. But the process is already facing unexpected hurdles.

Because of COVID-19, the U.S. Census Bureau has pushed back the timeline for releasing data from its current population count. Michael Li, senior counsel at the Brennan Center for Justice, testified that the census results would normally be available by March 2021, but now will not be released until as late as July 2021.

That months-long federal delay makes it “virtually impossible” that the New York redistrict­ing commission will be able to hit a deadline of Sept. 15, 2021, set by the constituti­onal amendment, to release initial draft maps of proposed new districts, Li said. The commission is also required to hold a dozen hearings around the state on proposed lines.

The commission must then submit a final proposed plan to the Legislatur­e by January 2022. If the Legislatur­e does not approve that plan, the commission must release a second set of proposed maps by Feb. 28, 2022. But if the process goes on into the spring of 2022, Li said, it could create chaos in June 2022 legislativ­e and congressio­nal primary elections.

A number of witnesses at Wednesday’s hearings also questioned whether the new “independen­t” redistrict­ing commission would be truly independen­t.

The 2014 constituti­onal amendment was intended to reform a process that had allowed the longstandi­ng majority parties, state Senate Republican and Assembly Democrats, to draw their own district lines. But even with the new bipartisan commission, history could to a degree repeat itself.

As required, the new 10-person commission currently consists of two Senate Democratic appointees, two from Senate Republican, two from Assembly Democrats and two from Assembly Republican­s. Two additional members still need to be chosen by the eight politicall­y appointed members. These final two appointees, as prescribed by the constituti­onal amendment, cannot be members of a political party.

If the Legislatur­e votes down the maps drawn by the 10-member commission twice, or if Gov. Andrew M. Cuomo vetoes the plans, then the responsibi­lity to draw the lines would fall back to the state Legislatur­e to amend the second plan “as it deems necessary,” according to an analysis of the process recently authored by a top longtime New York redistrict­ing expert, Jeffrey Wice.

But Wice also wrote that because of the constituti­onal amendment, minority parties will likely play more of a role in this scenario. If the Legislatur­e is under the control of only one party, Wice wrote, at least two-thirds of the members of each chamber must approve the plans.

Democrats hold a firm grip on the state Assembly, and Senate Democrats now hold a commanding majority in the chamber following the 2018 elections.

After the 2020 elections, Senate Democrats are expected to hold the majority for the first time in decades during redistrict­ing.

State Senate Republican­s are already expressing suspicion about the new, bipartisan process.

While this year’s budget allocated $750,000 to the Department of State to staff the commission, no funding has been released, and the commission has not hired executive directors.

At Wednesday’s hearing, Republican state Sen. Thomas O’mara questioned whether Democrats “want the commission to fail” so that the “legislativ­e majorities can draw the lines themselves.”

Queens state Sen. Michael Gianaris, a top Senate Democrat, said he believed the funding could be released when the final two of 10 commission members are appointed. Gianaris also said the funding should be released in an “expeditiou­s” fashion.

Under any scenario, new district lines will likely be more favorable to Senate Democrats than those drawn for decades by Senate Republican­s.

Li testified that upstate New York lost significan­t white population over the past decade, while there’s been a surge downstate in the number of

eligible Black, Latino and Asian-american voters.

Democrat-heavy New York City may gain two new state Senate seats, Li said. A number of witnesses also questioned the lack of diversity so far among the commission’s eight current appointees. Only

one is a woman and none are Latino. Lurie Daniel Favors, general counsel at the Center for Law and Social Justice, called the lack of diversity “stunning.” The two commission­ers not affiliated with political parties have not been appointed.

The testimony Wednesday was before the Legislativ­e Task Force on Demographi­c Research

and Reapportio­nment (LATFOR), a body that’s traditiona­lly been key in New York’s partisan drawing of legislativ­e lines. LATFOR now faces an uncertain role with the advent of the bipartisan redistrict­ing commission, but has maintained a sizable staff.

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