Quietly posted on the Legislative Task Force on Demographic Research and Reapportionment website is the confirmed plans to increase the size of the state Senate to 63.

Senate Majority Leader Dean Skelos, R-Nassau County, told reporters there was a “good chance” the chamber would grow by one.

From the website:

Based on the formula and analysis of the 2010 census data, the size of the Senate will increase by 1 seat to 63 (Click here to view technical determination of the size of the Senate). The average number of people represented by these legislators will increase by about 2,579 and 1,284, respectively (to 129,089 per Assembly district and 307,356 per Senate district), due to the state’s population gain. Each of New York’s 27 Congressional districts will contain 717,707 people (an increase of 63,346). All districts must contain essentially the same number of people to preserve the principle of one person, one vote. Also, the federal Voting Rights Act requires that new boundaries be drawn in a manner which provides minority communities with opportunities to elect representatives of their choice.

The move is sure to be contended — most likely in the form of a lawsuit — by Democrats and others. It remains to be seen where the new seat will be, but it is possible for the district to be carved out of a Republican-heavy area, like the fast-growing Saratoga County region.

Sen. Martin Dilan, D-Brooklyn, released a statement late this afternoon, but didn’t give an indication if the new seat was officially being proposed.

“Comments made earlier this week by Senate Majority Leader Dean Skelos indicated that a draft redistricting plan will include a 63rd Senate District and that it could be introduced as early as today. I hope that it is not the case, as such a determination at this time would be disconcerting to say the least, and an affront to our State Constitution and a deeply vested public.

“As a member of the Task Force appointed to oversee the redistricting process, and having not been included in any discussions of an additional legislative district, I would ask how Senate Republicans are able to determine the size of the senate without having ratified a final prisoner count and reallocation?

“I hope for the sake of all New Yorkers that this act is not a sign of what’s to come as the redistricting process moves forward.”

Senate Democrats believe an independent redistricting process gives them a major advantage in reclaiming control of the upper chamber, given their large voter enrollment in the state. Gov. Andrew Cuomo has vowed to veto lines not drawn by an independent commission. That promise was reiterated in the written message sent to the Legislature in his State of the State, but not spoken in the speech itself.

The chamber is currently divided 32-29, with one vacancy due to the felony plea made by Carl Kruger, D-Brooklyn.

Below is a memorandum from Jones Day, the law firm retained by Senate Republicans, in the redistricting process that lays out the legal basis for the new seat.

Update: Senate GOP officials point out the state’s Constitution (Article III to be precise) provides the legal basis for changing the size of the Senate, based on population. The same methodology for increasing the Senate this year was the same used back in 2002, the last time a seat was added (the Senate has expanded several times since 1980).

Going to an odd number also removes the possibility of a deadlocked 31-31 chamber and Senate coup vets all know how that worked out.

Republicans are also quick to point out that Democrats had two years in the majority to figure this independent redistricting thing out and failed to do so.

Senate Size

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