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Assembly clarifies 'population' means residents for local redistricting

New York State Assembly · May 9, 2026
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Summary

A statutory change to municipal home-rule law specifying that 'population' for redistricting and apportionment means residents passed the Assembly after debate over counting incarcerated people and recent migrant arrivals.

Sponsor Jacobson said the bill "updates the municipal home rule law so that it is clear that when it comes to districting and redistricting for counties and local government, that population means residents," noting the proposed language reflects current case law.

Several members questioned the practical implications. One member asked why persons in correctional institutions are treated differently and raised concerns that counting non-resident incarcerated people could skew local representation. Jacobson said the change reflects constitutional language and state practice, while opponents said the change could be used to alter representation and accused sponsors of political motive.

Members also asked how temporary migrants or asylum seekers would be counted; the sponsor said truly temporary visitors are not counted as residents, while people living in the area would be.

After extended questioning and member explanations, the Assembly passed the bill.