Bill Text: NY A00435 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-28 - substituted by s8638 [A00435 Detail]

Download: New_York-2023-A00435-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         435--A

                               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

        AN  ACT to amend the state law, in relation to providing for a procedure
          for review of an apportionment by the legislature or other body  which
          brings  any  such review to the supreme court of Albany county; 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 the supreme court of  Albany
          county

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Article 8 of the state law is  amended  by  adding  a  new
     2  title 4 to read as follows:
     3                                  TITLE IV
     4              ACTIONS OR PROCEEDINGS CHALLENGING APPORTIONMENT
     5  Section 130. Actions or proceedings challenging apportionment.
     6    §  130. Actions or proceedings challenging apportionment. a. An appor-
     7  tionment by the legislature shall be subject to review  by  the  supreme
     8  court  of Albany county at the suit of any citizen, upon the petition of
     9  any citizen to the supreme court of Albany county and upon such  service
    10  thereof  upon  the  attorney  general,  the  temporary  president of the
    11  senate, the speaker of the assembly and the governor, as  a  justice  of
    12  the supreme court of Albany county may direct.
    13    b. No limitation of the time for commencing an action shall affect any
    14  proceeding  hereinbefore mentioned, or any appeal in any existing action
    15  or proceeding in which the validity of an apportionment is or may be  in
    16  issue, if commenced within the period during which such apportionment is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00349-05-4
        A. 435--A                           2

     1  in  force  may  exist; and nothing in this act shall impair any existing
     2  remedy by which the validity of an apportionment may be determined.
     3    §  2.  The state law is amended by adding a new section 114 to read as
     4  follows:
     5    § 114. Actions or proceedings challenging apportionment. 1. An  appor-
     6  tionment by the legislature shall be subject to review  by  the  supreme
     7  court  of Albany county at the suit of any citizen, upon the petition of
     8  any citizen to the supreme court of Albany county and upon such  service
     9  thereof   upon   the   attorney general,  the temporary president of the
    10  senate, the speaker of the assembly and the governor, as a justice    of
    11  the  supreme court of Albany county may direct.
    12    2. No limitation of the time for commencing an action shall affect any
    13  proceeding  hereinbefore mentioned, or any appeal in any existing action
    14  or proceeding in which the validity of an apportionment is or may be  in
    15  issue, if commenced within the period during which such apportionment is
    16  in  force  may  exist; and nothing in this act shall impair any existing
    17  remedy by which the validity of an apportionment may be determined.
    18    §  3. Sections 1 and 5 of chapter 773 of the laws of 1911 relating  to
    19  providing for a procedure for the prompt review of an  apportionment  by
    20  the legislature or other body, are amended to read as follows:
    21    Section  1.  An  apportionment  by the legislature shall be subject to
    22  review by the supreme court of Albany county at the suit of any citizen,
    23  upon the petition of any citizen to the supreme court  [where  any  such
    24  petitioner resides] of Albany county and upon such service thereof  upon
    25  the attorney-general, the temporary president of the senate, the speaker
    26  of  the  assembly and the governor, as a justice of the supreme court of
    27  Albany county may direct.
    28    § 5. No limitation of the time for commencing an action  shall  affect
    29  any  proceeding  hereinbefore  mentioned,  or any appeal in any existing
    30  action or proceeding in which the validity of an apportionment is or may
    31  be in issue, if commenced within the period during which such apportion-
    32  ment is in force may exist; and nothing in this  act  shall  impair  any
    33  existing  remedy by which the validity of an apportionment may be deter-
    34  mined.
    35    § 4. This act shall take effect immediately.