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Updated 08/04/2011 07:26 PM

Talks on redistricting reform

By: Nick Reisman

The legislative redistricting committee held another public hearing. Members there moved ahead with their work even though Cuomo has repeatedly threatened to veto any plan not drawn up by an independent entity. Capital Tonight's Nick Reisman reports on what progress the committee made and if it'll be enough to change Cuomo's mind about redistricting reform.

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NEW YORK STATE -- As state lawmakers slog through the contentious process of redrawing their own legislative boundaries, they now plan to follow a 2010 law requiring inmates be counted as residents of their last known address, not the prison they live in. The move could have broad implications for the size and scope of state and federal districts in prison heavy upstate.

"We have been for several weeks if not months now adding prisoners from the information given by DOCS, the Department of Correction, we've been geocoding them, two blocks from where their legal address is now. That process has been going on, it is continuing and unless the court decides the contrary, our expectation is to follow the current law and put prisoners in their homes addresses," Assemblyman Jack McEneny said.

The prisoner counting law was inserted in the state budget last year. Some Senate Republicans are challenging the measure and how it was passed in federal court.

Last month, members of the redistricting commission said they were prevented from following it because of the lawsuit. But on Thursday, lawmakers insisted they had always planned to count prisoners as residents of their last address.

"This is a bipartisan position that the law will be complied with, whatever that law is. Impressions to the contrary as you articulate them just simply are not accurate," State Senator Michael Nozzolio said.

New boundaries for state and federal districts must be redrawn every decade based on new Census data. As Senate Republicans struggle to maintain a two-seat majority, the new prison counting law adds a new wrinkle to that effort. Governor Andrew Cuomo, meanwhile, said he agrees with the measure.

"The law is the law is the law and you follow the law. Either you change the law or you overturn the law. But the law is the law," Cuomo said.

Of course, all of this could be rendered moot. Cuomo has vowed to veto lines not drawn by an independent commission.

Cuomo said, "I have said from day one that the, I believe the redistricting lines should be the product of an independent process and should not be partisan."

The governor wants lawmakers to return to Albany before the end of the year to create the independent redistricting commission. But lawmakers say there isn't enough time. The lines must be in place by early next year.