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177th New York State Legislature

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177th New York State Legislature

The 177th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4, 1967, to May 25, 1968, during the ninth and tenth years of Nelson Rockefeller's governorship, in Albany.

Under the provisions of the New York Constitution of 1938, re-apportioned in 1953, 58 Senators and 150 assemblymen were elected in single-seat districts for two-year terms. The senatorial districts consisted either of one or more entire counties; or a contiguous area within a single county. The Assembly districts consisted either of a single entire county (except Hamilton Co.), or of contiguous area within one county.

In 1964, the U.S. Supreme Court handed down several decisions establishing that State legislatures should follow the One man, one vote rule to apportion their election districts. A special Federal Statutory Court declared the New York apportionment formulae for both the State Senate and the State Assembly unconstitutional, and the State Legislature was ordered to re-apportion the seats by April 1, 1965. The court also ruled that the 1964 legislative election should be held under the 1954 apportionment, but those elected could serve only for one year (in 1965), and an election under the new apportionment should be held in November 1965. Senators John H. Hughes and Lawrence M. Rulison (both Rep.) questioned the authority of the federal court to shorten the term of the 1964 electees, alleging excessive costs for the additional election in an off-year.

The lame-duck Legislature of 1964 met for a special session at the State Capitol in Albany from December 15 to 31, 1964, to re-apportion the legislative districts for the election in November 1965, gerrymandering the districts according to the wishes of the Republican majority before the Democrats would take over the Legislature in January. The number of seats in the State Senate was increased to 65, and the number of seats in the Assembly to 165. County representation was abandoned in favor of population-proportional districts, and the new Assembly districts were numbered from 1 to 165.

On February 1, 1965, the United States Supreme Court confirmed the Federal Statutory Court's order to elect a new New York Legislature in November 1965.

On April 14, 1965, the New York Court of Appeals declared the apportionment of December 1964 as unconstitutional, citing that the New York Constitution provides expressly that the Assembly shall have 150 seats, not 165 as were apportioned. The court also held that, although the constitutional State Senate apportionment formula provides for additional seats, the increase from 58 to 65 was unwarranted.

On May 10, the Federal Statutory Court ordered that the election on November 2, 1965, be held under the December 1964 apportionment, and that the Legislature thus elected re-apportion the seats again by February 1, 1966.

On August 24, it was clarified that, if the Governor and Legislature should not have enacted a new apportionment by February 1, 1966, then the courts should draft a new apportionment for the next election.

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