Dear Lucas,
On March 15, lasting structural redistricting reform in New York State was achieved, pending the vote of New Yorkers in two years. If voters approve a new constitutional amendment triggering the enactment of a companion statute, the power of the legislature to draw its own district lines will be severely reduced, replaced by an independent commission and impartial process that we have long sought.
This major accomplishment was tarnished, however, after an intense months-long struggle in which 2012 lines were negotiated away culminating in an all-night session in Albany in which issues of concern to all New Yorkers were addressed with little legislative review and no public scrutiny.
Nevertheless, permanent redistricting reform, though delayed for a decade, was not denied, as it had been for the past forty years.
The future solution reached is not perfect, but it's far better than the status quo with legislators drawing their own district lines driven by self-interest. Some have criticized Citizens Union for supporting this solution, but we believe the perfect should not be the enemy of the good in the fight for real long-term reform.
I want to lay out our thinking on this outcome for you as a CU member. You may also want to read the public statement we issued with our partner, the League of Women Voters NYS as well as our Frequently Asked Questions . That way you can compare the actual reform achieved to the current rigged redistricting system.
Let me first explain the chronology of what occurred in Albany: In the middle of the night on March 14, with only a few New Yorkers looking on, this important constitutional amendment to reform redistricting won first passage by the legislature. Unlike other issues voted upon that night, the amendment and the 2012 lines had been released the requisite three days earlier allowing for public review. Much of the amendment was based on previous solid reform proposals floating around for years in Albany.
A companion statute was also passed that mirrors the amendment and serves as a fail-safe measure guaranteeing that the redistricting reform automatically goes into effect if the legislature next year does not pass the amendment for a second time. This is a significant victory because it means the legislature cannot prevent reform from occurring.
Another significant protection was put in place to protect the plan of the new independent commission. If, ten years from now, the legislature attempts to gerrymander by twice rejecting the new plan, they cannot start over. By law, they would only be able to change 2% of any one district from the last commission's plan.
The amendment, if approved by the voters, and the accompanying statute severely reduces legislative power over redistricting and definitely moves New York toward an independent process.
What was not achieved on March 15 was redistricting reform for the 2012 elections.
Badly gerrymandered lines were once again passed by the legislature and approved by the governor. Citizens Union had consistently urged Governor Cuomo to use his veto to not only secure lasting reform, but also to negotiate fairer lines than those that had been put forward in January. The adopted lines, however, were produced by the Legislative Task Force on Demographic Research and Reapportionment [LATFOR] and resulted, unsurprisingly, in the same partisan-biased outcome as they have for the past forty years.
Citizens Union - guided by principle and pragmatism and an eye on permanent reform - decided to seize the opportunity to forever change this process and support a long-term solution. To believe that some future state legislature would enact fundamental reform ignores the frustrating political reality of the past four decades, not to mention the broken promises of many of the 184 legislators who had pledged to create an independent redistricting commission by 2011 . Ample opportunities have been squandered over the past several years, regardless of which party controlled the state senate. We've learned that for too many legislators where they stood on redistricting depended more on where they sat - in the majority or minority - than on any true desire for reform.
Inaction was no longer an option. Pursuing aspirational ideals that went nowhere gave way to seizing the opportunity for achievable reform.
When the new legislative session started in January 2012 and with the window closing quickly on any chance for real reform, we knew the legislative lines would be subject to typical Albany wheeling and dealing.
Governor Cuomo could have held fast and vetoed the lines as he had promised, but as I shared with you last month , Citizens Union did not believe throwing the matter to the courts would necessarily result in significantly better lines. Most importantly, such an outcome would not result in lasting reform. We would be back to the same old process in 10 years' time. All our work with ReShapeNY and Mayor Ed Koch would have been in vain.
Citizens Union's approach to redistricting is consistent with how we work on all issues. We do not believe in advocating for an "all or nothing" approach to good government reform because we know that too often it leads to achieving nothing. One only has to look at how our state's campaign finance and these redistricting laws have failed to change since the 1970s.
Citizens Union seeks to be a force for constructive reform. One of our greatest strengths comes from engaging elected officials directly to bring about the policy solutions we seek. We applied our independent, nonpartisan approach, which is neither left nor right, to the issue of redistricting reform. Working with the governor and legislative leaders, we helped break the decades-long cycle of inaction on redistricting reform.
Of course, we are not content with the 2012 gerrymandered lines and are reviewing possible legal avenues to bring about further change. We will keep you informed about our efforts to make short-term change a reality as well.
Thank you for taking the time to read this letter to you and for supporting Citizens Union and working with us in bringing about this redistricting reform accomplishment.
Please feel free to call me directly at 212-227-0342, ext. 11 or email me at ddadey@citizensunion.org , if you would like to discuss this issue and our work.
Best,
Dick Dadey
Executive Director