New York State Legislature

From Ballotpedia
(Redirected from New York Legislature)
Jump to: navigation, search
New York State Legislature

Seal of New York.png
General information
Type:   State legislature
Term limits:   None
Session start:   January 3, 2024
Website:   Official Legislature Page
Leadership
Senate President:   Brian Benjamin (D)
House Speaker:  Carl Heastie (D)
Majority Leader:   Senate: Andrea Stewart-Cousins (D)
House: Crystal Peoples-Stokes (D)
Minority Leader:   Senate: Robert Ortt (R)
House: William Barclay (R)
Structure
Members:  63 (Senate), 150 (Assembly)
Length of term:   2 years (Senate), 2 years (House)
Authority:   Art III, Sec. 3, New York Constitution
Salary:   $142,000/year + per diem
Elections
Last election:  November 8, 2022
Next election:  November 5, 2024
Redistricting:  Hybrid

The New York Legislature is the state legislature of New York. It is a bicameral legislature, consisting of the lower chamber, the New York State Assembly, and the upper chamber, the New York State Senate.

The legislature is seated at the New York State Capitol in Albany.

New York has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.

See also: New York State Assembly, New York State Senate, New York Governor

Elections

2024

See also: New York State Senate elections, 2024 and New York State Assembly elections, 2024

Elections for the New York State Senate will take place in 2024. The general election is on November 5, 2024.

Elections for the New York State Assembly will take place in 2024. The general election is on November 5, 2024.

2022

See also: New York State Senate elections, 2022 and New York State Assembly elections, 2022

Elections for the New York State Senate took place in 2022. The general election was on November 8, 2022. A primary was scheduled for August 23, 2022. The filing deadline was June 10, 2022.

Elections for the New York State Assembly took place in 2022. The general election was on November 8, 2022. A primary was scheduled for June 28, 2022. The filing deadline was April 7, 2022.

2020

See also: New York State Senate elections, 2020 and New York State Assembly elections, 2020

Elections for the office of New York State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 23, 2020. The filing deadline was April 2, 2020.

Elections for the office of New York State Assembly took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 23, 2020. The filing deadline was April 2, 2020.

2018

See also: New York State Senate elections, 2018 and New York State Assembly elections, 2018

Elections for the New York State Senate took place in 2018. A closed primary election took place on September 13, 2018, and the general election was held on November 6, 2018. The candidate filing deadline was July 12, 2018.[1]

Elections for the New York State Assembly took place in 2018. The closed primary election took place on September 13, 2018, and the general election was held on November 6, 2018. The candidate filing deadline was July 12, 2018.[2]

2016

See also: New York State Senate elections, 2016 and New York State Assembly elections, 2016

Elections for the New York State Senate took place in 2016. The primary election took place on September 13, 2016, and the general election was held on November 8, 2016. The filing deadline for major party candidates was July 14, 2016. The filing deadline for independent candidates was August 23, 2016.

Elections for the New York State Assembly took place in 2016. The primary election took place on September 13, 2016, and the general election was held on November 8, 2016. The filing deadline for major party candidates was July 14, 2016. The filing deadline for independent candidates was August 23, 2016.

2014

See also: New York State Senate elections, 2014 and New York State Assembly elections, 2014

Elections for the New York State Senate took place in 2014. A primary election took place on September 9, 2014. The general election took place November 4, 2014. The signature filing deadline for candidates wishing to run in this election was July 10, 2014.

Elections for the New York State Assembly took place in 2014. A primary election took place on September 9, 2014. The general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was July 10, 2014.

2012

See also: New York State Senate elections, 2012 and New York State Assembly elections, 2012

Elections for the office of New York State Senate took place in 2012. The primary election was held on September 13, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was July 12, 2012.

Elections for the office of New York State Assembly took place in 2012. The primary election was held on September 13, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was July 12, 2012.

2010

See also: New York State Senate elections, 2010 and New York State Assembly elections, 2010

Elections for the office of New York State Senate took place in 2010. The primary election was held on September 14, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was July 22, 2010.

Elections for the office of New York State Assembly took place in 2010. The primary election was held on September 14, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was July 22, 2010.

Sessions

Article III of the New York Constitution outlines the legislative power for New York's government. Article III does not limit when the Legislature can convene in regular session. However, Section 18 of Article III does contain provisions related to special sessions of the Legislature. Section 18 states that a special session can be called by a petition of request from two-thirds of both legislative houses. Since the Legislature is in session all year, a member must gavel in a session every three days. If a member does not gavel in a session, then only the governor can call the Legislature back into session.[3]

2024

See also: 2024 New York legislative session and Dates of 2024 state legislative sessions

In 2024, the legislature was scheduled to convene on January 3, 2024, and adjourn on June 6, 2024.

2023

See also: 2023 New York legislative session and Dates of 2023 state legislative sessions

In 2023, the legislature was scheduled to convene on January 4, 2023, and adjourn on June 21, 2023.


Role in state budget

See also: New York state budget and finances
New York on Public Policy Logo-one line-on Ballotpedia.png
Check out Ballotpedia articles about policy in your state on:
BudgetsCivil libertiesEducationElectionsEnergyEnvironmentHealthcarePensions

New York operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[15]

  1. Budget instructions are sent to state agencies between August and September.
  2. State agencies submit budget requests in October and November.
  3. Agency hearings are held between October and November.
  4. The governor submits his or her proposed budget to the New York State Legislature in mid-January. The deadline is February 1 in years following a gubernatorial election.
  5. The legislature adopts a budget in March. A simple majority is needed to pass a budget.
  6. The fiscal year begins in April.


New York is one of 43 states in which the governor has line item veto authority.[15]

The governor is constitutionally required to submit a balanced budget. In turn, the legislature is required by statute to pass a balanced budget.[15]


Redistricting

See also: Redistricting in New York

On March 14, 2012, the state legislature approved a constitutional amendment to establish new redistricting procedures beginning in 2020. The New York Constitution requires that two successive legislatures approve an amendment in order to qualify it for final approval by popular vote. The legislature approved the amendment a second time in 2013. On November 4, 2014, voters approved the amendment, the provisions of which were set to take effect during the 2020 redistricting cycle.[16]

The 10-member commission comprises the following members:[16]

  1. Two members must be appointed by the temporary president of the New York State Senate.
  2. Two members must be appointed by the speaker of the New York State Assembly.
  3. Two members must be appointed by the minority leader of the New York State Senate.
  4. Two members must be appointed by the minority leader of the New York State Assembly.
  5. Two members must appointed by the aforementioned eight commissioners. These two appointees cannot have been enrolled in the top two major political parties in the state.

The legislature must approve the commission's plans by a simple up/down vote. The legislature must reject two separate sets of redistricting plans before it will be able to amend the commission's proposals. All districts will be required "to preserve minority rights, be equally populated, and consist of compact and contiguous territory." Further, state law will require that districts "not be drawn to discourage competition or to favor/disfavor candidates or parties." In prior redistricting cycles, authority for both congressional and state legislative redistricting was vested with the state legislature. An advisory commission participated in the process.[16]

State law requires that state legislative districts be contiguous and compact. State legislative districts must also take into account the "historic and traditional significance of counties."[16]

2020

See also: Redistricting in New York after the 2020 census

New York enacted new State Assembly district boundaries on April 24, 2023, when Gov. Kathy Hochul (D) signed legislation establishing them for use starting with the 2024 elections.[17] The bill adopting the districts passed earlier that day in the State Assembly by a vote of 132-13, and it passed the state Senate by a vote of 59-1.[18][19] The original districts that were used for the 2022 elections remain in use until the next elections and the new districts adopted in 2023 will be used for state Assembly elections starting in 2024 until the state conducts redistricting after the 2030 census. The legislation's language states that "Vacancies in the Assembly will be filled using existing boundaries until January 1, 2025, at which time vacancies will be filled using the new boundaries."[20]

The state redrew its Assembly district boundaries in response to a June 10, 2022, decision by the appellate division of the New York Supreme Court in Nichols v. Hochul.[21] That court upheld a lower court ruling that declared the state's Assembly district boundaries invalid but determined that they should still be used for the 2022 legislative elections since the lawsuit challenging them was filed too close to those elections for the courts to intervene.[22] The appellate division ruling determined that the Assembly district map was enacted in violation of the state's constitutional redistricting process and ordered a New York City-based state trial court to oversee the redrawing of boundaries for the 2024 elections.[22] On September 29, 2022, that trial court directed the IRC to "initiate the constitutional process for amending the assembly district map based on the 2020 census data by formulating a proposed assembly map" and submit such a plan to the legislature by April 28, 2023.[23]

The New York State Independent Redistricting Commission (IRC) had voted 9-1 on April 20, 2023, to advance this plan and submit it to the legislature with the Commission stating in its cover letter that the plan "garnered the highest number of votes in support" at its meeting on that date.[24][25]

According to Giulia Heyward and Jon Campbell at Gothamist, the new districts replaced "a nearly identical set of districts that were just put into place for last year’s races before a court threw them out."[26] Heyward and Campbell also wrote that "The commission had originally put forward a draft that would have made considerable changes before settling on a revised proposal last week mirroring the lines already in place."[26]

Click here to view more information about Assembly districts enacted in 2023, including zoomable maps and links to detailed demographic statistics for each district.'

State Senate districts
On May 20, 2022, Justice Patrick McAllister ordered the adoption of a new state senate map drawn by redistricting special master Jonathan Cervas which took effect for New York's 2022 legislative elections.[27] On April 27, the New York Court of Appeals, the state's highest court, overturned a decision by the Appellate Division of the New York Supreme Court which overturned a lower court's ruling invalidating the legislature's state Senate boundaries.[28][29][30][21]


2010

See also: Redistricting in New York after the 2010 census

New York received its 2010 census data on March 23, 2011. The state's growth rate was at 2.19%, which was below the national rate of 9.7%.[31] Redistricting became an issue in the state prior to the November 2010 elections. Going into the elections, the organization NY Uprising asked all candidates to sign a pledge to support nonpartisan redistricting during the following legislative session. A majority of those who won in both chambers signed the pledge.[32] Additionally, Gov. Andrew Cuomo (D) stated his pledge to veto any new maps that were not drawn through a nonpartisan process.[33]


Following a number of delays, the Legislative Task Force on Demographic Research and Reapportionment (LATFOR) released proposed Senate and Assembly maps on January 26, 2012. The Senate plan included an additional 63rd seat. Gov. Cuomo threatened to veto the maps.[34] On March 11, LATFOR filed a bill of their final plans, which closely resembled the maps they released two months earlier. Along with this, leaders offered a constitutional amendment that would set up a new bipartisan commission on redistricting following the next census in 2020.[35] Following a walkout of Senate Democrats, the bill passed. Later that week the constitutional amendment passed.[36] With that approved, Cuomo said, "It’s over once and for all"[37] and signed the maps into law.[38]

Legislators

Salaries

See also: Comparison of state legislative salaries
State legislative salaries, 2023
SalaryPer diem
$142,000/yearThe exact amount members receive for per diem is unknown.

When sworn in

See also: When state legislators assume office after a general election

New York legislators assume office the first day of January after a general election.[39]

Senate

As of the 2020 Census, New York state senators represented an average of 320,885 residents. After the 2010 Census, each member represented 308,271 residents.

Party As of January 2024
     Democratic Party 42
     Republican Party 21
     Other 0
     Vacancies 0
Total 63

Click here for a list of members of this chamber.

Democrats won control of the New York State Senate in 2018. In 2022, they won a 42-21 majority.

The table below shows the partisan history of the New York Senate following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

New York State Senate election results: 1992-2022

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20 '22
Democrats 26 25 26 26 25 25 27 29 32 30 33 31 32 40 43 42
Republicans 35 36 35 35 36 37 35 33 30 32 30* 32 31* 23 20 21

*A coalition between the Independent Democratic Conference and Senate Republicans kept the Senate in Republican control.

Assembly

As of the 2020 Census, New York state representatives represented an average of 134,772 residents. After the 2010 Census, each member represented 129,474 residents.

Party As of January 2024
     Democratic Party 102
     Republican Party 48
     Independence 0
     Independent 0
     Vacancies 0
Total 150

Click here for a list of members of this chamber.

Democrats won control of the New York State Assembly in 1974. In 2022, they won a 101-49 majority.

The table below shows the partisan history of the New York State Assembly following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

New York State Assembly election results: 1992-2022

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20 '22
Democrats 101 94 96 98 99 102 104 108 109 99 105 106 106 106 106 101
Republicans 49 56 54 52 51 48 46 42 41 50 44 44 43 43 43 49
Other 0 0 0 0 0 0 0 0 0 1 1 0 1 1 1 0

District maps

State Senate


State Assembly


Veto overrides

Veto Override Graphic-Democratic Party.png

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in New York are listed below.

How many legislators are required to vote for an override? Two-thirds of members in both chambers.

Two-thirds of members in both chambers must vote to override a veto, which is 100 of the 150 members in the New York State Assembly and 42 of the 63 members in the New York State Senate. New York is one of 36 states that requires a two-thirds vote from both of its legislative chambers to override a veto.

Authority: Article IV, Section 7 of the New York Constitution.

"Every bill which shall have passed the senate and assembly shall, before it becomes a law, be presented to the governor; if the governor approve, he or she shall sign it; but if not, he or she shall return it with his or her objections to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor."

History

Partisan balance 1992-2013

Who Runs the States Project
See also: Ballotpedia:Who Runs the States and Ballotpedia:Who Runs the States, New York
Partisan breakdown of the New York legislature from 1992-2013

New York State Senate: From 1992-2013, the Democratic Party was the majority in the New York State Senate for two years while the Republicans were the majority for 20 years. The New York State Senate is one of 13 state senates that was Republican for more than 80 percent of the years between 1992-2013.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

New York State House of Representatives: During every year from 1992-2013, the Democratic Party was the majority in the New York State House of Representatives. The New York State House of Representatives is one of 18 state Houses that was Democratic for more than 80 percent of the years between 1992-2013.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

The chart below shows the partisan composition of the Office of the Governor of New York, the New York State Senate and the New York State Assembly from 1992 to 2013.

Partisan composition of New York state government(1992-2013).PNG

SQLI and partisanship

To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.

The chart below depicts the partisanship of the New York state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. New York experienced a Democratic trifecta from 2009-2010. During half the years of the study, New York was ranked in the bottom-10. Its lowest ranking, finishing 43rd, occurred from 2005-2006, during a divided government. Its best ranking also occurred during a divided government, finishing 32nd in 2011.

Chart displaying the partisanship of the New York government from 1992-2013 and the State Quality of Life Index (SQLI).


Constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the New York Constitution can be amended:

See also: Article XIX of the New York Constitution and Laws governing ballot measures in New York
New York Constitution
Seal of New York.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXXX

The New York Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions.

Legislature

See also: Legislatively referred constitutional amendment

A simple majority vote is required during two successive legislative sessions for the New York State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 126 votes in the New York State Assembly and 32 votes in the New York State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 2 of Article XIX of the New York Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1957. New York is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
New York 20 years 2017 2037



2025 measures:

See also: New York 2025 ballot measures

Certified:

The following measures have been certified for the ballot.

No measures to list


Potential:

The following measures have made it through one chamber—or one session for two session states—and may appear on the ballot in 2025.

2024 measures:

Below is a list of measures that were referred to the 2024 ballot by the legislature or that have made it approximately halfway through the process in the legislature for referral to the ballot in 2024.

See also: New York 2024 ballot measures

Certified:

The following measures have been certified for the ballot.


Potential:

The following measures have made it through one chamber—or one session for two session states—and may appear on the ballot in 2024.

No measures to list

See also

Elections New York State Government State Legislatures State Politics
Ballotpedia Elections Badge-VOTE-no shadow-Square.jpg
New York State Flag-Close Up.jpg
State Houses-Tile image.png
State Courts-Tile image.png

External links

Footnotes

  1. New York Board of Elections, "2018 Political Calendar," accessed December 22, 2017
  2. New York Board of Elections, "2018 Political Calendar," accessed December 22, 2017
  3. WXXI, "State Assembly is always in session," August 10, 2017
  4. Ledger-Enquirer, "Wages, ethics, schools top issues facing NY lawmakers in '16," accessed January 6, 2016
  5. wamc.org, "Another NYS Legislative Session Underway... Lawmakers Ready To Tackle Issues," accessed January 21, 2014
  6. Vermont Public Radio, "New York Lawmakers Face Major Issues In 2015," accessed January 21, 2014
  7. Epoch Times, "After speech, Cuomo looks to get agenda approved," January 9, 2014
  8. Spokesman Review, "NY legislative leaders buckle down on gun controls," January 9, 2013
  9. Yahoo News, "NY seals 1st state gun laws since Newtown massacre," January 15, 2013
  10. uticaod.com, "Cuomo creates panel to investigate Legislature," July 2, 2013
  11. Moreland Commission, "Moreland Commission to Investigate Public Corruption Releases Report," December 2, 2013
  12. Poughkeepsie Journal, "Divisive issues to test Cuomo's popularity in 2nd year," January 9, 2012
  13. National Conference of State Legislatures, "2011 Legislative Sessions Calendar," accessed June 6, 2014(Archived)
  14. National Conference of State Legislatures, "2010 Legislative Sessions Calendar," accessed June 19, 2014(Archived)
  15. 15.0 15.1 15.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
  16. 16.0 16.1 16.2 16.3 All About Redistricting, "New York," accessed May 8, 2015
  17. Twitter, "@JonCampbellNY," April 24, 2023
  18. New York State Assembly, "Bill No. A06586 Summary," accessed April 27, 2023
  19. New York State Assembly, "4-24-23 SESSION," accessed April 27, 2023
  20. New York State Assembly, "Bill No. A06586 Summary," accessed April 27, 2023
  21. 21.0 21.1 Supreme Court of the State of New York Appellate Division, First Judicial Department, Nichols et al., v. Hochul et al. June 10, 2022
  22. 22.0 22.1 Gothamist, "Court tosses New York’s new Assembly district maps –but not for this year," June 10, 2022
  23. Supreme Court of the State of New York, New York County, "Nichols, et al. v. Hochul, et al.," September 29, 2022
  24. New York State Independent Redistricting Commission, "Assembly Plan 2023-Vote Tally," accessed April 27, 2023
  25. New York State Independent Redistricting Commission, "Assembly Plan 2023-Cover Letter," accessed April 27, 2023
  26. 26.0 26.1 Gothamist, "NY Assembly Map: Meet your new district. Same as the old district.," April 24, 2023
  27. Cite error: Invalid <ref> tag; no text was provided for refs named adopt
  28. Cite error: Invalid <ref> tag; no text was provided for refs named finalover
  29. Cite error: Invalid <ref> tag; no text was provided for refs named Apr21ruling
  30. Politico, "GOP judge throws out Democrats' redistricting plan in New York, setting up expected appellate fight," March 31, 2022
  31. Wall Street Journal, "New York State Loses 2 Seats in House," accessed December 22, 2010
  32. Auburn Pub, "Koch expects legislators to deliver on pledge," January 2, 2011
  33. New York Daily News, "State Senate Republicans mull adding extra seat to 62-member body," September 19, 2011
  34. New York Daily News, "Gov. Andrew Cuomo vows to veto Republicans' redistricting plan," January 26, 2012
  35. Syracuse.com, "New York releases its final redistricting maps for state Senate and Assembly districts," March 12, 2012
  36. Reuters, "New York lawmakers approve redistricting amendment," March 15, 2012
  37. Capital New York, "Cuomo says redistricting is fixed, and on transparency: 'You can't live your life in a goldfish bowl'," March 15, 2012
  38. Cite error: Invalid <ref> tag; no text was provided for refs named cong approved
  39. New York Senate, "New York Constitution, Article XIII, Section 4," accessed November 1, 2021