Article III, § 4 tricts; for alteration 4 nine hundred and five, and in the same months every tenth 5 year thereafter; and the said districts shall be so altered by Senate dis6 the Legislature at the first regular session after the return of mation and 7 every enumeration, that each senate district shall contain as 8 nearly as may be an equal number of inhabitants, excluding 9 aliens, and be in as compact form as practicable, and shall 10 remain unaltered until the return of another enumeration, 11 and shall at all times, consist of contiguous territory, and no 12 county shall be divided in the formation of a senate district 13 except to make two or more senate districts wholly in such 14 county. No town, and no block in a city inclosed by streets 15 or public ways, shall be divided in the formation of senate 16 districts; nor shall any district contain a greater excess in 17 population over an adjoining district in the same county, 18 than the population of a town or block therein adjoining 19 such district. Counties, towns or blocks which, from their 20 location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in 22 number of inhabitants, excluding aliens. 21 senators in 23 No county shall have four or more senators unless it shall Number of 24 have a full ratio for each senator. No county shall have counties 25 more than one-third of all the senators; and no two counties or the territory thereof as now organized, which are adjoin27 ing counties, or which are separated only by public waters, 28 shall have more than one-half of all the senators. apportion 29 The ratio for apportioning senators shall always be ob- Ratio for 30 tained by dividing the number of inhabitants, excluding ment 31 aliens, by fifty, and the Senate shall aways be composed of 32 fifty members, except that if any county having three or 33 more senators at the time of any apportionment shall be 34 entitled on such ratio to an additional senator or senators, 35 such additional senator or senators shall be given to such 36 county in addition to the fifty senators, and the whole 37 number of senators shall be increased to that extent. Source Const. 1821, Art. I, § 6; amended, Const. 1846, Art. III, § 4; amended, Const. 1894, Art. III, § 4. See also Const. 1777, Art. V, and amendments of 1801, Art. IV.4b 4b For the text of the constitutional amendment of 1801, see Lincoln's Constitutional History, I:191. Article III, § 5 Assembly apportionment Ratio for apportionment Lincoln's Constitutional History For comment on this section and court decisions construing it, see Debates of constitutional conventions 1821. 399-416 (Oct. 11-12). 1846. 383–395 (July 21-22), 408-414 (July 23), 465-468 (July 30). 1867. II:873-875, 1195–1196. 1894. III:343-348 (III:1467-1470); III:987-1215 (V:1830–1964); III:1223–1242 (IV:1969-1979); IV:6-37 (IV:1982–1999); IV: 56-57 (IV:2009); IV:78-96 (V:2021-2030); IV:357-376 (V: 2164-2174); IV :644-694 (V:2325–2354). Texts of proposed amendments 1. 2 In the constitutional convention of 1894: see Proposed Constitutional § 5. The members of the Assembly shall be chosen by single districts, and shall be apportioned by the Legislature 3 at the first regular session after the return of every enu4 meration among the several counties of the State, as nearly 5 as may be according to the number of their respective in6 habitants, excluding aliens. Every county heretofore es7 tablished and separately organized, except the county of 8 Hamilton, shall always be entitled to one member of assem9 bly, and no county shall hereafter be erected unless its 10 population shall entitle it to a member. The county of 11 Hamilton shall elect with the county of Fulton, until the 12 population of the county of Hamilton shall, according to 13 the ratio, entitle it to a member. But the Legislature may 14 abolish the said county of Hamilton and annex the territory 15 thereof to some other county or counties. The quotient 16 obtained by dividing the whole number of inhabitants of 17 the State, excluding aliens, by the number of members 18 of assembly, shall be the ratio for apportionment, which 19 shall be made as follows: One member of assembly shall 20 be apportioned to every county, including Fulton and 21 Hamilton as one county, containing less than the ratio and 22 one-half over. Two members shall be apportioned to every 23 other county. The remaining members of assembly shall be 24 apportioned to the counties having more than two ratios 25 according to the number of inhabitants, excluding aliens. 4c This overture was adopted by the convention and accordingly became a part of the Constitution. Article III, § 5 26 Members apportioned on remainders shall be apportioned to 42 assembly county Until after the next enumeration, members of the Assem- Number of 32 bly shall be apportioned to the several counties as follows: men in each 33 Albany county, four members; Allegany county, one mem34 ber; Broome county, two members; Cattaraugus county, 35 two members; Cayuga county, two members; Chautauqua 36 county, two members; Chemung county, one member; 37 Chenango county, one member; Clinton county, one 38 member; Columbia county, one member; Cortland 39 county, one member; Delaware county, one member; 40 Dutchess county, two members; Erie county, eight 41 members; Essex county, one member; Franklin county, one member; Fulton and Hamilton counties, one mem43 ber; Genesee county, one member; Greene county, one 44 member; Herkimer county, one member; Jefferson county, 45 two members; Kings county, twenty-one members; Lewis 46 county, one member; Livingston county, one member; 47 Madison county, one member; Monroe county, four mem48 bers; Montgomery county, one member; New York county, 49 thirty five members; Niagara county, two members; Oneida .50 county, three members; Onondaga county, four members; 51 Ontario county, one member; Orange county, two members; 52 Orleans county, one member; Oswego county, two members; 53 Otsego county, one member; Putnam county, one member; 54 Queens county, three members; Rensselaer county, three 55 members; Richmond county, one member; Rockland county, 56 one member; St. Lawrence county, two members; Saratoga 57 county, one member; Schenectady county, one member; 58 Schoharie county, one member; Schuyler county, one mem59 ber; Seneca county, one member; Steuben county, two mem60 bers; Suffolk county, two members; Sullivan county, one 61 member; Tioga county, one member; Tompkins county, one 62 member; Ulster county, two members; Warren county, one 63 member; Washington county, one member; Wayne county, 64 one member; Westchester county, three members; Wyoming 65 county, one member, and Yates county, one member. Article III, § 5 Division of 66 counties into as sembly districts In any county entitled to more than one member, the 67 board of supervisors, and in any city embracing an entire 68 county and having no board of supervisors, the common 69 council, or if there be none, the body exercising the powers 70 of a common council, shall assemble on the second Tuesday 71 of June, one thousand eight hundred and ninety-five, and at 72 such times as the Legislature making an apportionment shall 73 prescribe, and divide such counties into assembly districts 74 as nearly equal in number of inhabitants, excluding aliens, 75 as may be, of convenient and contiguous territory in as com76 pact form as practicable, each of which shall be wholly 77 within a senate district formed under the same apportion78 ment, equal to the number of members of assembly to which 79 such county shall be entitled, and shall cause to be filed in 80 the office of the Secretary of State and of the clerk of such 81 county, a description of such districts, specifying the number 82 of each district and of the inhabitants thereof, excluding 83 aliens, according to the last preceding enumeration; and 84 such apportionment and districts shall remain unaltered 85 until another enumeration shall be made, as herein provided; 86 but said division of the city of Brooklyn and the county of 87 Kings to be made on the second Tuesday of June, one 88 thousand eight hundred and ninety-five, shall be made by 89 the common council of the said city and the board of super90 visors of said county, assembled in joint session. In counties 91 having more than one senate district, the same number of 92 assembly districts shall be put in each senate district, unless 93 the assembly districts cannot be evenly divided among the 94 senate districts of any county, in which case one more 95 assembly district shall be put in the senate district in such 96 county having the largest, or one less assembly district shall 97 be put in the senate district in such county having the 98 smallest number of inhabitants, excluding aliens, as the 99 case may require. No town, and no block in a city inclosed 100 by streets or public ways, shall be divided in the formation 101 of assembly districts, nor shall any district contain a 102 greater excess in population over an adjoining district in the 103 same senate district, than the population of a town or block 104 therein adjoining such assembly district. Towns or blocks 105 which, from their location, may be included in either of two Article III, § 5 106 districts, shall be so placed as to make said districts most 107 nearly equal in number of inhabitants, excluding aliens; but 108 in the division of cities under the first apportionment, regard 109 shall be had to the number of inhabitants, excluding aliens, 110 of the election districts according to the state enumeration 111 of one thousand eight hundred and ninety-two, so far as may 112 be, instead of blocks. Nothing in this section shall prevent 113 the division, at any time, of counties and towns, and the 114 erection of new towns by the Legislature. An apportion- Review of 115 ment by the Legislature, or other body, shall be subject ment by 116 to review by the Supreme Court, at the suit of any citizen, court 117 under such reasonable regulations as the Legislature 118 may prescribe; and any court before which a cause 119 may be pending involving an apportionment, shall give 120 precedence thereto over all other causes and proceedings, 121 and if said court be not in session it shall convene promptly 122 for the disposition of the same. Source Const. 1821, Art. I, § 7; amended, Const. 1846, Art. III, § 5; amended in 1874;44 amended, Const. 1894, Art. III, § 5. See also Const. 1777, Art. V, and amendments of 1801, Art. II.4d Lincoln's Constitutional History For an exhaustive historical and statistical statement (including tables of population and apportionments) of assembly apportionments in this colony and state, see III:134-137; IV:350-352, and also the following references: During the colonial period, III:137–151. Under the first Constitution, 1777, III:152–159. From the second Constitution, 1821, to 1894, III:159–167. For a statement of the rules to follow in determining the number of assemblymen to be apportioned to each county, see III:229-230 (these rules are repeated in IV:351). For court decisions construing this section, see IV:352–355. References to constitutional conventions and commissions. 1777. I:505–507. 1821. I:639. 1846. II:128-132. Debates of constitutional conventions 1821. 399-416 (Oct. 11-12). 1894. IV:350-352. 1867. II: 1846. 422-429 (July 24-25), 444-453 (July 28), 468-469 (July 30), 477-478 (July 31). 1867. I:304-306; II:852-867, 875-877, 1195–1196; V:3589–3591. 4d For the text of the constitutional amendments of 1874 and 1801, see Lincoln's Constitutional History, 1:297–298, 189. apportion supreme |