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Prof. Justin Levitt's Doug Spencer's Guide to Drawing the Electoral Lines

State Summary

In 2014, New York changed its process, putting an independent commission in charge of congressional and state legislative lines, subject to modification by a supermajority of the state legislature.  Voters rejected a 2021 ballot measure to modify the process, including changes to the commission’s voting rules and to the voting rules of the legislature in approving or modifying a commission proposal.

In the 2020 cycle, the New York commission could not agree on a congressional or state legislative plan, and on Jan. 3, 2022, submitted two plans to the legislature, which the legislature rejected.  When the commission was unable to propose a second round of plans, the legislature passed a congressional plan (S.8172A and S.8196/A.9039A and A.9167) and state legislative plans (S.8185A and S. 8197/A.9040A and A.9168) on  Feb. 3, 2022, signed by the governor on the same day.  On Apr. 27, 2022, the state supreme court invalidated that process (and additionally struck the state’s congressional maps as a partisan gerrymander).  On May 21, 2022, a court ordered the implementation of congressional and state Senate maps drawn by a special master, for the 2022 elections.

In 2023, the state’s commission was ordered to submit new state Assembly plans to the legislature, and then to do the same with new congressional plans.  The commission submitted new Assembly plans to the legislature on Apr. 20, 2023, which the legislature passed (S.6454/A.6586) and governor signed on Apr. 24, 2023.  The commission submitted new congressional plans to the legislature on Feb. 15, 2024, which the legislature rejected (S.8639/A.9304) on Feb. 26, 2024; on Feb. 28, 2024, a supermajority of the legislature passed its own congressional plan (S.8653A/A.9310A), which the governor signed the same day.

In the 2010 cycle, New York’s legislature had responsibility for drawing the lines.  The legislature did not agree on a congressional plan; on Mar. 19, 2012, a federal court drew congressional maps instead.  The legislature did pass a state legislative plan (S.6696/A.9525) on Mar. 15, 2012, which was signed by the governor on the same day. On Mar. 21, 2012, the legislature passed technical corrections (S.6755) that were signed on Mar. 27, 2012.  The Senate plan was precleared on Apr. 27, 2012; the Assembly plan was precleared on May 18.

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Seats: (projected)

Institution:

Drawn by:

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Party Control:
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Key Info for 2000 Cycle

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Primary governing law

Key Info for 2010 Cycle

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Primary governing law

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The Latest Updates

Feb 28, 2024
Gov. Hochul signed new congressional districts into law hours after the state legislature rejected lines drawn by the state's independent commission and drew new lines itself.
Dec 12, 2023
State supreme court ordered state Independent Redistricting Commission to draw new congressional maps by Feb. 28, 2024.
Jul 13, 2023
An intermediate appellate court ordered the state's Independent Redistricting Commission to redraw the state's congressional map.
Apr 20, 2023
The State Independent Redistricting Commission submitted a final draft map of the Assembly districts, which makes only minor changes to the existing map.
Jan 25, 2023
Plaintiffs have sued Governor Hochul about redistricting in state court. The court affirmed a lower court order to the Independent Redistricting Commission to submit new maps by April 28, 2023.
Sep 29, 2022
A New York state court ordered the state's Independent Redistricting Commission to establish new state assembly districts for review by the state legislature no later than April 28, 2023.
May 16, 2022
A special master published new congressional and state Senate maps, under the direction of the New York Court of Appeals.
May 10, 2022
A federal judge ordered New York to postpone its congressional primary from June 28 to August 23 to accommodate the effort to draw new districts.
Apr 27, 2022
The highest state court in New York, called the Court of Appeals, upheld a lower court ruling that the state's new congressional maps violate the state constitution. A special master will work with the lower court to draw new districts.
Apr 21, 2022
A New York state appellate court struck down the state's congressional map as a partisan gerrymander in violation of the state's constitution.
Mar 2, 2022
A New York state court declined to suspend the state's new congressional and State Senate districts while he considers whether the new maps are unconstitutional partisan gerrymanders. Any potential remedy will thus not take effect until after the 2022 election cycle.
Feb 3, 2022
Gov. Hochul signed the state's new congressional districts into law.
Feb 2, 2022
The New York state legislature adopted new congressional and state legislative districts. The maps now move to Gov. Hochul's desk.
Mar 5, 2021
One of New York's commissioners has sued the state over staffing and funding for the independent commission.
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Institution

As of 2014, New York’s congressional and state legislative lines are drawn primarily by a 10-person independent commission, at least in the first instance.  Each of the four legislative leaders (majority and minority leader in each legislative chamber) chooses 2 commissioners; those 8 commissioners choose 2 others who have not been registered Democrats or Republicans for the last 5 years.  No commissioner may have been, within three years prior to appointment, a state official, employee, or party chair, member of Congress, New York lobbyist, or the spouse of a statewide elected official or federal or state legislator.  Members of the commission should reflect the diversity of New York residents “with regard to race, ethnicity, gender, language, and geographic residence,” to the extent practicable.  [N.Y. Const. art. III, §§ 4(b), 5-b(a)-(c)]

The ten commissioners are listed here.

Voting rules are based on political party control of the legislature.  When the state Senate and Assembly are controlled by the same party — as they were in 2021 and 2022 — commission approval of a map requires 7 votes, including one commissioner appointed by each legislative leader.  If no map reaches this threshold, the commission will forward to the legislature the map with the most support on the commission. [N.Y. Const. art. III, § 5-b(f)-(g)]

The legislature has two opportunities to accept or reject commission recommendations without modification — with voting rules based on party control as well.  When the state Senate and Assembly are controlled by the same party, votes to approve a map must get 2/3 support in each chamber.  After rejecting two commission maps, but only after rejecting two commission maps, the legislature may substitute its own amended map: it is likely that the law requires a 2/3 majority for this final map as well, though there is some ambiguity about whether this third substitute requires only a regular simple majority.   [N.Y. Const. art. III, § 4(b); Hoffman v. N.Y. State Ind. Redistricting Comm’n, 2023 WL 8590407 (N.Y. Dec. 12, 2023)]  By statute, legislative amendments may not modify a commission map by more than 2% of any district’s population; that requirement was superseded, but not repealed, by the 2024 districting legislation. [2012 N.Y. Sess. L. ch. 17 (S6736), § 3; 2024 N.Y. Sess. L. ch. 92 (S.8653a), § 2(a)]

New York state trial courts have jurisdiction to review challenges to state legislative lines filed in state court; the courts must render a decision within sixty days after a petition is filed.  [N.Y. Const. art. III, § 5]

Timing

The commission must submit congressional and state legislative maps to the legislature no later than Jan. 15, 2022.  If that plan is not accepted by the legislature, the commission must submit new maps within 15 days of the rejection, and no later than Feb. 28, 2022.  [N.Y. Const. art. III, § 4(b)]  Candidates must file for congressional and state legislative primary elections by Apr. 7, 2022. [N.Y. Elec. Law §§ 6-158(1), 8-100(1)]

The New York constitution prohibits redrawing congressional and state legislative lines mid-decade, before the next Census, but the commission may be convened to redraw temporary lines imposed by a court. [N.Y. Const. art. III, § 4(e); Hoffman v. N.Y. State Ind. Redistricting Comm’n, 2023 WL 8590407 (N.Y. Dec. 12, 2023)]

Public input

State law requires the commission to conduct hearings on proposed plans in Albany, Buffalo, Syracuse, Rochester, and White Plains, in each of the five boroughs of New York City, and in each of the counties of Long Island.  The commission must make its draft plans and data publicly available at least 30 days before the first hearing, and no later than Sept. 15, 2021.   [N.Y. Const. art. III, § 4(c)]

Submissions and hearings from the 2020 cycle are available here; commission meetings are available here.

Criteria

Like all states, New York must comply with constitutional equal population requirements; the New York constitution further provides that districts should contain an equal number of inhabitants, “as nearly as may be” “to the extent practicable.”  The commission must provide a specific explanation for any district that deviates from this requirement, and deviations will not be lawful at all if established for impermissible reasons.  [N.Y. Const. art. III, § 4(c)(2); Rodriguez v. Pataki, 308 F.Supp.2d 346, 363 (2004), aff’d 543 U.S. 997; In re Orans, 15 N.Y.2d 339 (1965)]  New York will adjust census data for state legislative districts in order to count incarcerated individuals at their last known residence before incarceration.  [N.Y. Legis. L. § 83-M(13)(b)]

New York must also, like all states, abide by the Voting Rights Act and constitutional rules on race.  State law also independently prohibits drawn with the purpose or result of denying or abridging racial or language minority voting rights, and requires that districts be drawn so that racial or minority language groups do not have less opportunity to participate in the political process and to elect representatives of their choice.  [N.Y. Const. art. III, § 4(c)(1)]

New York law also requires that congressional and state legislative districts be continguous and as compact in form “as practicable,” and the commission must consider maintaining the cores of existing districts, preserving counties, cities, and towns, and protecting communities of interest.  Districts may not be drawn to discourage competition or for the purpose of favoring or disfavoring candidates or parties.  [N.Y. Const. art. III, § 4(c)(3)-(6); Harkenrider v. Hochul, 197 N.E.3d 437 (N.Y. 2022)]

2020 cycle

After the 2010 cycle, New York changed its process, putting an independent commission in charge of congressional and state legislative lines, subject to modification by a supermajority of the state legislature.  The process gave the legislature opportunities to accept or reject two commission recommendations without modification — with voting rules based on party control.  When the state Senate and Assembly were controlled by the same party, votes to approve a map needed a 2/3 support in each chamber.  After rejecting two commission maps, the legislature could substitute its own amended map.

Voters rejected a 2021 ballot measure to modify the process, including changes to the commission’s voting rules and to the voting rules of the legislature in approving or modifying a commission proposal.  But on Nov. 24, 2021, the Governor signed legislation (S.7150/A.7948) purporting to allow the legislature to draw maps if the commission entirely failed to produce one of the two required maps.

After the ten commission members were appointed, one of the commissioners sued the state over the commission’s staffing and funding, but has not followed through on the suit.

Ultimately, the New York commission could not agree on a congressional or state legislative plan, and on Jan. 3, 2022, instead submitted two plans to the legislature, which the legislature rejected.  When the commission was unable to propose a second round of plans, the legislature passed a congressional plan (S.8172A and S.8196/A.9039A and A.9167) and state legislative plans (S.8185A and S. 8197/A.9040A and A.9168) on  Feb. 3, 2022, signed by the governor on the same day.

All of the plans were challenged in court.  On Apr. 27, 2022, the state supreme court invalidated the legislative process short-circuiting a second commission map (and additionally struck the state’s congressional maps as a partisan gerrymander).  On May 21, 2022, a court ordered special-master-drawn congressional and state Senate maps for the 2022 elections.  After separate litigation over the congressional map, the state supreme court required the commission to submit new plans to the legislature.  The commission submitted new congressional plans to the legislature on Feb. 15, 2024, which the legislature rejected (S.8639/A.9304) on Feb. 26, 2024; on Feb. 28, 2024, the legislature passed its own congressional plan (S.8653A/A.9310A), which the governor signed the same day.  [Harkenrider v. Hochul, 197 N.E.3d 437 (N.Y. 2022); Harkenrider v. Hochul, No. E2022-0116CV (N.Y. Sup. Ct., Steuben Cnty. May 21, 2022); Hoffman v. N.Y. State Ind. Redistricting Comm’n, 2023 WL 8590407 (N.Y. Dec. 12, 2023)]

The state Senate plans drawn by the special master have not been subject to further challenge.

The state Assembly plans were challenged on the same procedural grounds, but that challenge came too late for the 2022 elections.  In 2023, the state’s commission was ordered to submit new state Assembly plans to the legislature.  The commission submitted new Assembly plans to the legislature on Apr. 20, 2023, which the legislature passed (S.6454/A.6586) and governor signed on Apr. 24, 2023.  [Nichols v. Hochul, No. 2022-02301 (N.Y. Sup. Ct., App. Div. 1st Dept. June 10, 2022); Nichols v. Hochul, 212 A.D.3d 529 (2023)]

Maps are available here.

2010 cycle

In the 2010 cycle, Bronx, Kings (Brooklyn), and New York (Manhattan) counties were subject to preclearance under the federal Voting Rights Act.

New York’s legislature did not agree on a congressional plan, and so the process turned to the courts.  A federal court drew congressional maps on Mar. 19, 2012.  [Favors v. Cuomo, No. 1:11-cv-05632, 2012 WL 928223 (E.D.N.Y. Mar. 19, 2012)]

The legislature did pass a state legislative plan (S.6696/A.9525) on Mar. 15, 2012, which was signed by the governor on the same day. On Mar. 21, 2012, the legislature passed technical corrections (S.6755) that were signed on Mar. 27, 2012.  The Senate plan was precleared on Apr. 27, 2012; the Assembly plan was precleared on May 18, 2012.

The state Senate and Assembly maps were both challenged in court; both were upheld.  [Favors v. Cuomo, No. 1:11-cv-05632, 2014 WL 2154871 (E.D.N.Y. May 22, 2014); Cohen v. Cuomo, 969 N.E.2d 754 (N.Y. 2012); Little v. N.Y. State Task Force on Demographic Research and Apportionment, No. 2310-2011 (N.Y. Sup. Ct., Albany Cnty. Dec. 1, 2011)]

Materials are available here; maps are available here.

2000 cycle

In the 2000 cycle, Bronx, Kings (Brooklyn), and New York (Manhattan) counties were subject to preclearance under the federal Voting Rights Act.

New York’s legislature enacted a congressional plan (S.7536), which was signed on June 5, 2002, and precleared on June 25, 2002.  It also enacted a state legislative plan (S.6796), which was signed on April 22, 2002 (amended by S.7300 on April 24, 2002), and precleared on June 17, 2002.

The state Senate and congressional plans were challenged in federal court, and the state Senate plan was challenged in state court. Both plans were upheld. [Rodriguez v. Pataki, 308 F.Supp.2d 346 (2004), aff’d 543 U.S. 997; Allen v. Pataki, Case No. 101712-2002 (N.Y. Supreme Ct. May 9, 2002)]

Materials are available here; maps are available here.

Redistricting Cases in New York

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New York | Congress
Hoffman v. N.Y. State Indep. Redistricting Cmm'n
State supreme court ordered Independent Commission to draw new congressional maps pursuant to state constitutional process.
Last Updated Dec 12, 2023
Case 904972/2022 (N.Y. Sup. Ct., Albany Cnty.); CV-22-2265 (N.Y. App. Div., 3d Dept.); APL-2023-00121 (N.Y. Ct. App.)
Cycle 2020
New York | State Lower
Nichols v. Hochul
State court struck Assembly districts based on violation of state process, directed new maps
Last Updated Apr 20, 2023
Case No. 154213/2022 (N.Y. Sup. Ct., N.Y. Cnty.); Nos. 2022-02301, 2022-04649 (N.Y. Sup. Ct., App. Div. 1st Dept.); No. 2022-462 (N.Y. Ct. App.)
Cycle 2020
New York | Congress
Harkenrider v. Hochul
State court struck congressional and senate districts as partisan gerrymanders in violation of state constitution, drew new plan
Last Updated Jul 12, 2022
Case No. E2022-0116cv (N.Y. Sup. Ct., Steuben Cty.); Nos. CAE-22-00506, CAE-22-00895 (N.Y. App. Div., 4th Dept.); No. 60 (N.Y. Ct. App.)
Cycle 2020

2020 New York Maps Available for Download

Search all Cycles for New York Maps >

New York | 2020
2020 New York Maps
As of 2014, New York’s congressional and state legislative lines are drawn by an independent commi...
Number of Maps 6
Last Updated Oct 22, 2021
Cycle 2020