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8/2/2019 Nypirg Statement on Redistricting Proposal
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NYPIRG STATEMENT ON REDISTRICTING PROPOSAL
As an organization that has spent decades advocating for reforms to New York’s broken redistrictingprocess, NYPIRG believes it is momentous that there is a proposal to amend the state constitution and
enact a state law in this area. A constitutional amendment and law could create a new paradigm for
drawing state legislative and congressional districts lines for the future.
NYPIRG has identified two broad principles for reforming the state’s redistricting process: independenceof the mapmakers and establishing clear, objective criteria to limit gerrymandering. We believe these
principles, in conjunction with those secured by the Voting Rights Act and the U.S. Constitution, are
essential to providing the public with assurances that maps were constructed fairly.
As the difficulties of creating a truly independent redistricting commission became apparent, our primary
focus has been on establishing objective, verifiable criteria that would constrain a line-drawing
commission to the greatest extent possible. Over the past year, we have released a report examining the
possibility of requiring district lines to have smaller population deviations; provided several testimonies
before LATFOR that focused on population discrepancies; and analyzed the lines proposed in Februarythrough the lens of population variance.
The focus on objective criteria in the form of tight limits on population deviation between districts derives
from the principle of “one-person, one-vote,” first articulated by the U.S. Supreme Court in its decisions
in Baker v. Carr (1962) and Reynolds v. Sims (1964), which ushered in the modern era of redistricting.
Close adherence to the one-person, one-vote standard not only equalizes the voting strength of individual
voters within the various districts, it limits the ability of mapmakers to engage in the well-developed
practices of “cracking” and “packing” districts for partisan gain.
Unfortunately, the federal courts have not required exact population equality in state legislative districts — in fact the courts typically allow deviations of up to 10% between least and most populous districts.
Nevertheless some state governments have taken the initiative to require minimal population deviation intheir districts.
We recognize the proposal represents a potential paradigm shift in the way the redistricting process
would take place in New York. It also would articulate a policy against drawing lines for partisan
advantage. However, without the inclusion of stringent objective criteria we cannot say with
confidence that it will lead to a better product in the form of fairer district lines that result ingreater public trust in the maps.
Accordingly, NYPIRG’s long-held position does not allow us to support this proposal.