New York City Council Redistricting Fact Sheet Who is responsible for redistricting New York City Council districts? A special Redistricting Commission is responsible for the redistricting process in New York City, not the task force that handles New York State assembly, senate and congressional redistricting (LATFOR). The Commission has 15 members. City Council appoints 8 members and the Mayor appoints the remaining 7. Diversity – The Commission should have members of the racial and language minority groups protected by the Voting Rights Act, in proportion, as close as practicable, to their population in the City (though this provision of the City Charter is not legally enforceable, see Ravitch v. City of New York, 1992 U.S. Dist. Lexis 11481 (S.D.N.Y. Aug. 3, 1992)). Elected officials, registered lobbyists, and City employees may not be appointed to the Commission. 2013 Redistricting Calendar Deadline Jan. 5, 2012 Action The Mayor was required to convene a meeting with all of the appointing/recommending authorities (City Council) to establish a screening and selection process for ensuring that NYC's racial and language minority groups protected by the federal Voting Rights Act, will be fairly represented on the Commission. N. Y. CITY, N.Y. CITY CHARTER, ch. 2-A, § 50(b)(2)(2004). May 5, 2012 The City Council must make appointments to the Commission. N. Y. CITY, N.Y. CITY CHARTER, ch. 2-A, § 50(c)(2004). June 5, 2012 The Mayor must make appointments to the Commission. N. Y. CITY, N.Y. CITY CHARTER, ch. 2-A, § 50(c)(2004). Sept. 5, 2012 Commission makes redistricting plan available to public for inspection and comment. N. Y. CITY, N.Y. CITY CHARTER, ch. 2-A, § 51(b) (2004). Oct. 5, 2012 Commission must hold “one or more” public hearings about plan. N. Y. CITY , N.Y. CITY CHARTER, ch. 2-A, § 51(b) (2004). Nov.5, 2012 Commission submits district plan to City Council for approval. N. Y. CITY , N.Y. C ITY CHARTER, ch. 2-A, § 51(c)(2004). Nov. 26, 2012 Council can formally file objections to initial plan. Formal objections from the Council require a vote passed by a Council majority and are presented to the commission along with a statement of the Council’s objections. Individual Council member objections separate from the Council’s formal objections that are filed by this date are also passed on, either with the formal objection or independently. N. Y. CITY, N.Y. CITY CHARTER, ch. 2-A, § 51(d)(2004). U.S.C. 1973, Jan. 5, 2013 Commission submits revised plan for public and Council inspection and comment (if Council has formally filed objections to plan). N. Y. CITY , N.Y. C ITY CHARTER, ch. 2-A, § 51(d)(2004). “The commission shall hold public hearings and seek public comment on such revised plan.” N. Y. C ITY, N.Y. CITY CHARTER, ch. 2-A, § 51(e)(2004). Mar. 5, 2013 Commission submits a final plan, following consideration of the public and Council comments, to the Council for approval. N.Y. CITY , N.Y. CITY CHARTER, ch. 2-A, § 51(e) (2004). Council submits final plan to the Department of Justice for pre-clearance. July 8-11 2013 Filing period for designating petitions. N.Y. ELEC. LAW § 6-158 (Consol. 2007). Petitions must be signed by 5% of the district or 900 individuals, whichever figure is less. N.Y. ELEC. LAW § 6-136 (Consol. 2007). Sept. 10, 2013 Primary election Nov. 5, 2013 General election Approval - Once the plan is presented to the City Council, the plan will be deemed adopted unless the City Council, by majority vote, passes a resolution objecting to the plan. Preclearance - The Commission is responsible for submitting the plan to the U.S. Justice Department's Civil Rights Division (DOJ) or the U.S. District Court for the District of Columbia for preclearance pursuant to Section 5 of the Voting Rights Act. In New York City, New York County (Manhattan), Kings County (Brooklyn) and Bronx County are covered jurisdictions under Section 5. This requires proof that the proposed City Council redistricting plan does not weaken the voting strength of racial and ethnic minorities in those counties. If the jurisdiction is unable to prove the absence of such discrimination, the District Court denies the requested judgment, or in the case of administrative submissions, the DOJ objects to the change, and it remains legally unenforceable. Interested members of the public can submit comment letters to the DOJ requesting the DOJ to approve or deny preclearance. Criteria for the districts - applied and given priority in the order in which they are listed (N.Y. CITY CHARTER, ch. 2-A, §52(1) (2004)): 1) Population. The difference between the most populous and the least populous council district must not exceed 10% of the average population for all council districts. Any such differences in population must be justified by one or more of the other criteria stated in the City Charter. N.Y. CITY CHARTER, ch. 2-A, §52(a) (2004). 2) Fair and effective representation. The districting plan must be established in a manner that ensures the fair and effective representation of the racial and language minority groups in New York City which are protected by the Voting Rights Act. N.Y. CITY CHARTER, ch. 2-A, §52(1)(b) (2004). 3) Communities of Interest. District lines should keep intact neighborhoods and communities with established ties of common interest and association, whether historical, racial, economic, ethnic, religious or other. N.Y. CITY CHARTER, ch. 2-A, §52(1)(c) (2004). 4) Compactness. Each district must be compact and cannot be more than twice as long as it is wide. The districting plan must be established in a manner that minimizes the sum of the length of the boundaries of all of the districts included in the plan. N.Y. CITY CHARTER, ch. 2-A, §52(1) (d)(g) (2004). 5) Contiguity. Each district must be contiguous, and whenever a part of a district is separated from the rest of the district by a body of water, there must be a connection by a bridge, a tunnel, a tramway or by regular ferry service. N.Y. CITY CHARTER, ch. 2-A, §52(2) (2004). 6) Political boundaries. A district cannot cross borough or county boundaries. If any district includes territory in two boroughs, then no other district may also include territory from the same two boroughs. N.Y. CITY CHARTER, ch. 2-A, §52(3) (2004). NYC City Council Population and Districts of Interest for Asian Americans With 51 seats, the ideal City Council district size is 160,297 people. Each district can deviate from this number by a maximum total deviation of +/- 10%. The population for the boroughs with large numbers of Asian Americans is as follows: CENSUS 2010 Total Population Asian Population New York State New York City - Queens - Manhattan - Brooklyn 19,378,102 8,175,133 2,230,722 1,585,873 2,504,700 1,406,194 1,028,119 508,334 177,624 260,129 Asian Percent of Total 7.3% 12.6% 22.8% 11.2% 10.4% Total Growth Since 2000 2.1% 2.1% 0.1 % 3.2% 1.6% Asian Growth Since 2000 35.7% 31.8% 30.6% 24.0% 41.2% Map of Current City Council Districts The following districts are of particular concern for Asian Americans: Queens – Queens City Council Districts District 20 - Flushing and portion of Bayside (currently 64.1% Asian American) District 23 - Floral Park/Bellerose/Queens Village/Glen Oaks and portion of Bayside (36.6% Asian American) District 25 - Elmhurst and Jackson Heights (34.5% Asian American) Brooklyn – Brooklyn City Council Districts District 38 - Sunset Park (32.7% Asian American) Manhattan – Manhattan City Council Districts District 1 – Chinatown (35.9% Asian American) The Commission must release their redistricting plan to the public by September 5, 2012 and must hold public hearing regarding their plan by October 5, 2012. AALDEF will again be meeting with community organizations to develop a map proposal that protects the voting strength of racial and ethnic minorities, to submit to the Commission in advance of the September 5, 2012 deadline. Contact: Jerry Vattamala 212.966.5932 ex.209 jvattamala@aaldef.org