The 176th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 5 to July 6, 1966, during the eighth year of Nelson Rockefeller's governorship, in Albany.
Background 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,2 STATE SENATORS FIGHT TERM RULING in The New York Times on August 2, 1964 alleging excessive costs for the additional election in an off-year.Two State Senators Fight Redisricting in The New York Times on August 25, 1964
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.ROCKEFELLER CALLS SESSION FOR DEC. 15; Legislature Told to Draw Redistricting Formula in The New York Times on December 2, 1964 (subscription required)Reapportioning New York State in The New York Times on December 3, 1964 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.HIGH COURT BACKS DISTRICTING EDICT in The New York Times on February 2, 1965 (subscription required)
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.G.O.P. PLAN VOIDED; Constitution Is Cited as Requiring 150 Seats in Assembly State's Legislative Reapportionment in The New York Times on April 15, 1965 (subscription required)
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.DECISION IS 2 TO 1; ...that a legislative election be held Nov. 2 under a Republican reapportionment plan that had been invalidated by the State Court of Appeals in The New York Times on May 11, 1965 (subscription required)
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.Justice Gives Rockefeller a Deadline to Submit Formula, With Judicial Proposal as the Alternative in The New York Times on August 25, 1965 (subscription required)
On October 11, the U.S. Supreme Court dismissed four appeals against the ruling of the Federal Statutory Court, and upheld the election of a new New York Legislature on November 2.SUPREME COURT CLEARS ELECTION FOR LEGISLATURE in The New York Times on October 12, 1965 (subscription required)
At this time there were two major political parties: the Democratic Party and the Republican Party. The Liberal Party and the Conservative Party also nominated tickets.
Elections The 1965 New York state election, was held on November 2. The only statewide elective office up for election was a seat on the New York Court of Appeals. Republican Kenneth B. Keating defeated Democrat/Liberal Owen McGivern and Conservative Henry S. Middendorf Jr. The approximate party strength at this election, as expressed by the vote for Judge of the Court of Appeals, was: Republicans 3,106,000; Democrats 1,824,000; Liberals 208,000; and Conservatives 207,000.
Three of the five women members of the previous legislature—Assemblywomen Shirley Chisholm (Dem.), a preschool teacher of Brooklyn; Constance E. Cook (Rep.), a lawyer of Ithaca; and Dorothy H. Rose (Dem.), a high-school teacher and librarian of Angola—were re-elected. Gail Hellenbrand (Dem.), of Brooklyn, was also elected to the Assembly.
Sessions The Legislature met for the regular session (the 189th) at the State Capitol in Albany on January 5, 1966;POMP AND LEVITY MARK THE OPENING in The New York Times on January 6, 1966 (subscription required) and adjourned on July 6.WINDUP IN ALBANY LEAVES 300 BILLS in The New York Times on July 7, 1966 (subscription required)
Anthony J. Travia (Dem.) was re-elected Speaker.
Earl W. Brydges (Rep.) was elected Temporary President of the State Senate.
On January 14, the New York Court of Appeals moved the deadline for the new legislative apportionment from February 1 to February 15.TOP STATE COURT EXTENDS DEADLINE ON REDISTRICTING in The New York Times on January 15, 1966 (subscription required)
On February 23, the Court of Appeal appointed a commission of five members to map out new districts because the Republican-majority Senate and the Democratic-majority Assembly could not agree on a new apportionment. The commission was chaired by President-elect of the American Bar Association Orison S. Marden, of Scarsdale, who was not affiliated with any party and was deemed politically independent. The other members were Ex-Judges of the Court of Appeals Bruce Bromley (Rep.), of Manhattan, and Charles W. Froessel (Dem.), of Queens; Ex-Republican State Chairman Edwin F. Jaeckle, of Buffalo; and Robert B. Brady (Dem.), the Counsel to the Joint Legislative Committee on Re-Apportionment.Court Picks 5 to Draft Remapping in the Utica Observer–Dispatch, of Utica, on February 23, 1966
On March 14, the apportionment draft was submitted to the Court of Appeals.COMMISSION ENDS REDISTRICTING JOB in The New York Times on March 15, 1966 (subscription required)
On March 22, the Court of Appeals accepted the apportionment as drafted,Charter Revision in the Empire State: The Politics of New York's 1967 Constitutional Convention by Henrik N. Dullea (Rockefeller Institute Press, Albany NY, 1997; pg. 79; ) thus becoming the law, without the need of legislative approval. The number of seats in the State Senate was reduced to 57, and the number of seats in the Assembly to 150.MATTER JEROME T. ORANS at FindACase
State Senate
Senators The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature. Jerome Schutzer, Anthony B. Gioffre, Theodore D. Day and James F. Hastings changed from the Assembly to the Senate at the beginning of the session. Assemblyman William J. Ferrall was elected to fill a vacancy in the Senate.
Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."
District Senator Party Notes1stLeon E. Giuffreda Republican2ndBernard C. Smith Republican3rdElisha T. Barrett* Republicandied on May 8, 19664thHenry M. Curran* Republican5thEdward J. Speno* Republican6thNorman F. Lent* Republican7thJohn R. Dunne Republican8thJohn D. Caemmerer Republican9thMurray Schwartz Democrat10thIrving Mosberg* Democrat11thJack E. Bronston* Democrat12thNicholas Ferraro Democrat13thSeymour R. Thaler* Democrat14thThomas J. Mackell* Democraton November 8, 1966, elected D.A. of Queens Co.15thMartin J. Knorr Republican16thWilliam Rosenblatt* Democrat17thJames H. Shaw Jr. Dem./Lib.18thSimon J. Liebowitz* Democrat19thWilliam C. Thompson* Democrat20thEdward S. Lentol* Democrat21stJeremiah B. Bloom* Democrat22ndSamuel L. Greenberg* Democrat23rdIrwin Brownstein* Democraton November 8, 1966, elected to the New York City Civil Court 24thvacant Senator-elect Guy James Mangano (D) was appointed to the Family Court in December 1965William J. Ferrall* Democraton February 8, 1966, elected to fill vacancyVote Is Officially Certified In 3 Special City Elections in The New York Times on February 22, 1966 (subscription required)25thWilliam T. Conklin* Republican26thJohn J. Marchi* Republican27thPaul P. E. Bookson* Democrat28thWhitney North Seymour Jr. Republican29thManfred Ohrenstein* Democrat30thJerome L. Wilson* Democrat31stBasil A. Paterson Democrat32ndJoseph Zaretzki* DemocratMinority Leader33rdJerome Schutzer* Democrat34thHarrison J. Goldin Dem./Lib.35thDennis R. Coleman Democrat36thAbraham Bernstein* Dem./Lib.37thArchie A. Gorfinkel Democrat38thJohn D. Calandra Rep./Cons.39thAnthony B. Gioffre* Republican40thChristian H. Armbruster Republican41stBernard G. Gordon* Republican42ndD. Clinton Dominick III* Republican43rdLloyd A. Newcombe Republican44thRobert Watson Pomeroy* Republican45thJulian B. Erway* Democrat46thRobert E. Lynch Republican47thNathan Proller* Republican48thRonald B. Stafford Republican49thDalwin J. Niles* Republican50thHugh Douglas Barclay* Republican51stJames H. Donovan Republican52ndTarky Lombardi Jr. Republican53rdJohn H. Hughes* RepublicanChairman of Judiciary54thTheodore D. Day* Republican55thWarren M. Anderson* RepublicanChairman of Finance56thWilliam T. Smith* Republican57thThomas Laverne* Republican58thFrank E. Van Lare* Republican59thKenneth R. Willard* Republican60thEarl W. Brydges* Republicanelected Temporary President61stWilliam E. Adams Republican62ndThomas F. McGowan Republican63rdFrank J. Glinski* Democrat64thBertrand H. Hoak* Democrat65thJames F. Hastings* Republican
Employees Secretary: Albert J. Abrams
State Assembly
Assemblymen The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.
Note: For brevity, the chairmanships omit the words "...the Committee on (the)..."