Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts in a judicial department within which at least one petitioner resides.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A435B
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to desig-
nating the venue where proceedings challenging apportionment by the
legislature shall be commenced; and to amend chapter 773 of the laws of
1911 relating to providing for a procedure for the prompt review of an
apportionment by the legislature or other body, in relation to requiring
that apportionment by the legislature shall be subject to review by
certain designated courts
PURPOSE:
To update and modernize the procedures for bringing a legal challenge to
a set of redistricting maps.
SUMMARY OF PROVISIONS:
Section 1 adds a new provision to the Civil Practice Law and Rules to
require a proceeding challenging appointment by the Legislature to be
filed in the designated court in a judicial department where at least
one petitioner resides.
Section 2 amends Chapter 773 of the Laws of 1911 to require a proceeding
challenging appointment by the Legislature to be filed in the designated
court in a judicial department where at least one petitioner resides.
Section 3 provides the effective date.
JUSTIFICATION:
Article III, Section 5 of the NYS Constitution authorizes private citi-
zens to bring a lawsuit challenging a redistricting map. It also author-
izes the Legislature to prescribe "reasonable regulations" governing
such suits.
The bill would require redistricting challenges to be brought in the
designated court in a judicial department where at least one petitioner
resides in order to update and modernize the procedures for bringing a
legal challenge to a set of redistricting maps. This will allow such
courts to develop an expertise in redistricting actions.
LEGISLATIVE HISTORY:
2022: A.10693
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
435--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the civil practice law and rules, in relation to desig-
nating the venue where proceedings challenging apportionment by the
legislature shall be commenced; and to amend chapter 773 of the laws
of 1911 relating to providing for a procedure for the prompt review
of an apportionment by the legislature or other body, in relation to
requiring that apportionment by the legislature shall be subject to
review by certain designated courts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (b) of section 506 of the civil practice law
2 and rules is amended by adding a new paragraph 5 to read as follows:
3 5. a proceeding challenging apportionment by the legislature shall be
4 commenced in the supreme court in any of the following designated coun-
5 ties in a judicial department where at least one petitioner resides:
6 (i) first judicial department: New York county;
7 (ii) second judicial department: Westchester county;
8 (iii) third judicial department: Albany county; or
9 (iv) fourth judicial department: Erie county.
10 § 2. Sections 1 and 5 of chapter 773 of the laws of 1911 relating to
11 providing for a procedure for the prompt review of an apportionment by
12 the legislature or other body, are amended to read as follows:
13 Section 1. An apportionment by the legislature shall be subject to
14 review [by the supreme court] at the suit of any citizen, upon the peti-
15 tion of any citizen to the supreme court in any of the following desig-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00349-08-4
A. 435--B 2
1 nated counties in a judicial department where [any such] at least one
2 petitioner resides:
3 (a) first judicial department: New York county;
4 (b) second judicial department: Westchester county;
5 (c) third judicial department: Albany county; or
6 (d) fourth judicial department: Erie county
7 and upon such service thereof upon the attorney-general, the temporary
8 president of the senate, the speaker of the assembly and the governor,
9 as a justice of the supreme court may direct.
10 § 5. No limitation of the time for commencing an action shall affect
11 any proceeding hereinbefore mentioned, or any appeal in any existing
12 action or proceeding in which the validity of an apportionment is or may
13 be in issue, if commenced within the period during which such apportion-
14 ment is in force may exist; and nothing in this act shall impair any
15 existing remedy by which the validity of an apportionment may be deter-
16 mined.
17 § 3. This act shall take effect immediately.
