What You Need to Know About the Upcoming Redistricting Process Tuesday, April 9, 2019
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WARREN M. ANDERSON LEGISLATIVE BREAKFAST SERIES What You Need to Know About the Upcoming Redistricting Process Tuesday, April 9, 2019 Materials Speaker Biographies ....................................................................................................... 1 New York State Constitution, Article III, as amended ...................................................... 4 John Flateau What You Need to Know About the Upcoming Redistricting Process… An 18 Point Program (April 9, 2019).............................................................................. 17 Rucho v. Common Cause Brief for Appellees League of Women Voters of North Carolina, Supreme Court of the United States, No. 18-422 (March 4, 2019) .......................................................................................... 18 US DOJ Submission to End NYS Prison Gerrymandering (December 2010) 28 CFR Part 51, Voting Rights Act of 1965, as amended ............................................. 92 Anderson v. Flateau, 456 U.S. 956 (1982) .................................................................... 99 Additional Resources Michael Wines, Will the Supreme Court End Gerrymandering? Arguments Begin This Week, N.Y. Times, March 25, 2019............................................................................. 113 Kelly Percival Federal Laws That Protect Census Confidentiality Brennan Center for Justice, February 20, 2019 .......................................................... 114 Jeffrey M. Wice Brief amici curiae of 190 Bipartisan Elected Officials, Supreme Court of the United States, No. 18-966 (April 2019) ................................................................................... 120 April 1, 2020 is the Next Census Day. Everyone Should be Counted, But How? Lessons on the Law (January/February 2019) ............................................................ 179 For Further information NEW YORK’S BROKEN CONTITUTION (Peter J. Galie, Christopher Bopst and Gerald Benjamin eds., SUNY Press December 2016) WARREN M. ANDERSON LEGISLATIVE BREAKFAST SEMINAR SERIES What You Need to Know About the Upcoming Redistricting Process April 9, 2019 SPEAKER BIOGRAPHIES SCOTT FEIN, ESQ., is a partner at Whiteman Osterman & Hanna LLP. Prior to joining the firm, he served as Assistant Counsel to New York Governors Hugh Carey and Mario Cuomo, and prior to that as a criminal prosecutor. Mr. Fein is the Chair of the Board of Advisors of the Government Law Center at Albany Law School, and he has been appointed by the Governor to the Public Authorities Reform Task Force and by the Chief Judge of the Court of Appeals to the Court’s Permanent Commission on Sentencing Reform. He received a JD from Georgetown University School of Law and a Master of Laws degree from New York University School of Law. DR. JOHN FLATEAU, Professor of Public Administration and Political Science and a Fellow at the National Academy of Public Administration, is a frequent presenter on the US Census, redistricting, and voting rights at academic conferences, the US Census Bureau, National Black Caucus of State Legislators, NAACP Legal Defense Fund, and civic and community organizations. He is former Chairman of the US Census Advisory Committee on the African American Population, and he directs the US Census Information Center at Medgar Evers College, CUNY, as well as the College’s policy think tank, the Dubois Bunche Center for Public Policy. Dr. Flateau chairs their Department of Public Administration, where he was the former Dean of their School of Business. Dr. Flateau served on three redistricting commissions, drawing congressional, state legislative, city council, and school board districts. He was Deputy Secretary for Intergovernmental Relations and the 2010 Census Coordinator for the New York State Senate. He also served as Co-Chair of the NYC Black Advisory Committee for Census 2000. He is a Commissioner for the NYC Board of Elections and a member of the New York State Election Commissioners Association; the National Election Center; and the National Conference of State Legislators, Elections and Redistricting working group. Dr. Flateau is a public affairs commentator and author of Black Brooklyn: the Politics of Ethnicity, Class and Gender (2016), an in-depth analysis of how the census, redistricting, and voting rights litigation and community organizing power increased political representation for communities of color. He was Chief of Staff and Campaign Coordinator for Mayor Dinkins and Senior Vice President and Chief Diversity Officer for Empire State Development. Dr. Flateau was a campaign advisor to Mario Cuomo, Jesse Jackson, Hillary Clinton. Barack Obama, Hakeem Jeffries, Letitia James, and numerous other public officials. A founding Executive Director of the New York State Black, Hispanic and Asian Legislative Caucus, Dr. Flateau is a recipient of their Distinguished Service Award, among his many other honors. He is a member of Bridge St. AWME Church; a Life Member of the NAACP, Brooklyn Branch; and a lifelong, intergenerational member of the Bedford-Stuyvesant community of the New York City borough of Brooklyn. 1 BLAIR HORNER has been executive director of the New York Public Interest Research Group (NYPIRG) since September of 2015. He has been employed almost exclusively, including several upper-management positions, at NYPIRG since 1979. In his more than 30 years of work with NYPIRG, he has overseen community organizing activities and directed statewide issue campaigns. He has lobbied on a wide range of issues, including energy policy, political reform, government openness and accountability, tobacco control, health care and financial services. He has written scores of reports examining issues including redistricting, campaign finance, political ethics, bank fees, auto insurance, health care, tobacco use, lead poisoning and higher education funding. From 2007 through early 2008, Mr. Horner was a Special Advisor on Policy and Public Integrity to the New York State Attorney General. Among his responsibilities was the creation of the “Project Sunlight” website, which allows New Yorkers to simultaneously search governmental databases to view campaign contributions, lobbying, contracts, legislation, and other information. From 2011 until late 2013, Mr. Horner was the Vice President for Advocacy for the American Cancer Society, a non-partisan, national health organization. In that capacity, he oversaw the lobbying, community organizing, and statewide issue campaigns in New Jersey and New York, as well as its federal advocacy efforts. His comments have been widely reported by the media. He has been interviewed on the Today Show, World News Tonight, Al Jazeera America, on A&E’s Investigative Reports, and profiled in the New York Times. Mr. Horner’s opinion pieces have been published in the Albany Times Union, Buffalo News, Rochester Democrat & Chronicle, New York Daily News, Newsday and other New York dailies. He is a regular commentator on WAMC public radio and its affiliates. Mr. Horner has received numerous awards, including awards from the AARP, Common Cause, the League of Women Voters, the New York Attorney General, and the New York City Asthma Partnership. In fall 1999, Empire State Reports magazine named him as one of the 25 most influential New Yorkers in the previous 25 years. In spring 2014, he was named one of the Albany Power 100 by City & State magazine. In January of 2017, he received a “50 over 50” award by the same publication. KELLY PERCIVAL, ESQ., is Counsel with the Democracy Program at the Brennan Center for Justice at NYU Law School. She focuses on issues related to the 2020 census. Ms. Percival guides the census-litigation task force, coordinates amicus briefing in census-related cases throughout the country, and advises on legal strategies. Prior to joining the Brennan Center, Ms. Percival was a Constitutional Litigation Fellow at Americans United for Separation of Church and State. She represented clients seeking to vindicate their First Amendment rights in federal court and regularly participated as an amicus in state and federal appellate courts, as well as in the United States Supreme Court. She began her legal career as an associate practicing environmental law at Nossaman LLP. Ms. Percival graduated from Georgetown University Law Center, where she was a Public Interest Fellow and a Dean’s Merit Scholar. She holds a B.A. in anthropology from Stanford University. JEFFREY M. WICE, ESQ., leads the Rockefeller Institute of Government’s NY Counts program, a 2020 census and redistricting information center. He is Of Counsel to 2 Sandler Reiff Lamb Rosenstein & Birkenstock, P.C., in Washington, DC. Mr. Wice has also served as a counsel to five Assembly speakers and four Senate Democratic leaders on redistricting matters. He is considered a national expert on redistricting and has been included by Roll Call in its list of the top 50 Washington policy insiders. Mr. Wice is the co-author of “These Seats May Not Be Saved,” a chapter taking a critical and in-depth view of New York’s redistricting process, in New York’s Broken Constitution (SUNY Press, 2016). Mr. Wice holds a BA from the George Washington University and a JD from the Antioch Law School. He is a member of the District of Columbia Bar and has been admitted to practice the Federal District Court for the District of Columbia and the United States Supreme Court. 3 New York State Constitution ARTICLE III LEGISLATURE [Legislative power] Section 1. The legislative power of this state shall be vested