The People’s Convention:
An Overview of the Who, What,
Where, When, Why, and How of
New York State’s Constitutional
Convention Question
Graphic Provided by
New York Public
Interest Research
Group (NYPIRG)
http://www.nypirg.or
1
The People’s Convention:
An Overview of the Who, What, Where, When, Why, and How
of New York State’s Constitutional Convention Question
The New York State Constitution mandates that every 20 years voters be
presented with the ballot question: “Shall there be a convention to revise the
constitution and amend the same?” A constitutional convention allows delegates,
elected by the people, to gather and examine our state’s Constitution. The delegates can
strike current text and propose changes and new provisions to the document. Changes to
language can be made for greater clarity and understanding, or to streamline what is
already in place. New provisions would serve to address issues that the current
constitution does not address. Our Constitution is over two centuries old; changes can
help to address the modern issues we face in the 21st century. All convention proposals
must be put before the people who ultimately decide whether or not they will support or
oppose the recommended changes.
Since 1777 New York State has held nine Constitutional Conventions, four of
which resulted in the adoption of new constitutions.1 We are now governed by the 1894
Constitution, which has been amended over 225 times. Each new constitutional
amendment has added additional bulk to the already verbose state Constitution, seven
times longer than the US Constitution and one of the longest state constitutions in the
nation.2
At this point, the League has not taken a position on whether to support, oppose
or remain neutral on the question of holding of a constitutional convention and so the
League’s goal at this time is educate members and the public about important
aspects of the question and to assist the League in its decision on what, if any,
position the League will take on the constitutional convention question. This paper
and the accompanying PowerPoint are intended to inform you of the history,
process, and potential issues that could be addressed at a constitutional convention.
Additional resources and contacts can be found at the end of this document or on our
website at lwvny.org.
1
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
2
Karlin, Rick. "Are 56,326 Words Just Too Much?" Albany Times Union, November 29, 2012.
2
Acknowledgements
This paper was written by Jennifer Wilson, LWVNYS Director of Program and Policy,
with assistance and editing by League members Sally Robinson (State VP), Carol Mellor
(State Board Member), Dare Thompson (State President), Laura Ladd Bierman (State
Executive Director), Mary Berry, Judie Weinstein and Ann Sandford.
We would also like to thank Gerald Benjamin, associate vice president for regional
engagement and director of the Benjamin Center for Public Policy Initiatives at SUNY
New Paltz; Peter Galie, Professor Emeritus, Canisius College; and Christopher Bopst,
chief legal and financial officer of Sam-Son Logistics, Inc. for their education of our
League members during our regional training sessions and for guidance and assistance
during the development of this paper. Finally, thanks to Blair Horner, Executive Director
of New York Public Interest Research Group (NYPIRG), for creating and sharing the
cover graphic.
League of Women Voters of New York State
November 2016
3
Table of Contents
I.
Background On Changing our State Constitution
Changing the Constitution through the legislative process
Changing the Constitution through a constitutional convention
II.
Convention Process: Who, Where, When, and How?
When will the public be voting?
When and where would a convention take place?
Who can be a delegate?
How many delegates will there be?
How will candidates for delegate qualify to appear on the ballot?
How will the delegates organize themselves?
What will this cost?
III.
Issues: What and Why?
Why is a state constitution important?
What state policies could be changed, added or deleted through a convention?
i. Election Law
ii. Issues of Governance
iii. Ethics
iv. Judiciary
v. Government Funding and Taxation
vi. The Blaine Amendment
vii. Forever Wild
viii. Reproductive Choice
ix. Pensions
x. Other Issues
Conclusion
Bibliography
IV.
V.
Appendices
Appendix I. How to Amend the Constitution Legislatively
Appendix II. Summary of Convention Amendments
Appendix III. History of Conventions: 1777 to 1938
Appendix IV. Most Recent Convention: 1967
Appendix V. Recent Referendum Rejections: 1977 and 1997
Appendix VI. Additional Resources
4
I.
Background On Changing our State Constitution
State constitutions prescribe how to govern and reflect the values and priorities important
to people in that governance. Our state Constitution covers a wider range of issues than
the national Constitution, including some issues specific to New York State, such as the
conservation of the Adirondack State Park. Our Constitution covers everything from
voting to local finances; there is even a section on organizing a local militia. Some have
argued our Constitution is too expansive and could use some editing; others insist that all
current articles are necessary to maintain the priorities and values of the people of New
York State.
Changing the Constitution through the legislative process
Amendments to the state Constitution can be proposed in the state legislature. Identical
resolutions of the amendment must be introduced in both houses. The amendment is then
considered by its assigned committee and later referred to the Attorney General for
opinions on the language of the bill. The amendment may be redrafted or sent to the floor
for a vote. The amendment then must pass in two consecutive legislative sessions, with
an intervening statewide election. If the amendment makes it this far, it is put on the
statewide ballot for voters to approve or disapprove. If approved by the voters it becomes
part of the Constitution, beginning in the following January. This process may seem
onerous but thoroughness and attention to detail are essential when altering a document
that is over two hundred years old.
Please see Appendix I. for a graphic of the legislative amendment process.
Changing the Constitution through a constitutional convention
A constitutional convention allows a group of delegates, selected by the people, to dissect
the Constitution and potentially streamline, revise or expand what is already in place.
There is no limit on the matters to be considered by the delegates at a convention; the
question as posed to the voters is open-ended. As a result, every provision is subject to
revision and/or excision. Proposed amendments are adopted by the delegates and later
voted on by the people. Voters can either vote yes to adopt the proposed amendments, or
vote no to reject them.
The road to a constitutional convention is quite lengthy; the voters are presented with a
total of three votes taking place over the course of three years:
 The first vote will be whether or not to hold the convention
 Should the people vote in favor of the convention, the second vote will occur
to elect the people who will serve as delegates.
 The third vote will be to pass or reject the actual amendments.
5
II.
Convention Process: Who, Where, When, and How?
As indicated above, voters play a major role in conventions. Without the approval of the
people, nothing can be set into motion. If voters oppose holding a convention in 2017, the
process will end. If voters vote in favor of holding a convention, they will then elect
delegates to the convention and will have a final up or down vote on any proposed
changes.
The process will be complicated by the overlapping timeline of the state’s legislative
session and uncertainty over where the convention will take place. Here are the basics of
the convention process, timeline, and delegate selection process.
When will the public be voting?
 November 7, 2017. As mandated by New York’s Constitution, New Yorkers
vote on whether or not to convene a state constitutional convention.
 November 6, 2018. As mandated by New York’s Constitution, if New Yorkers
approve a convention, New Yorkers will elect delegates at the next general
election.
 November 5, 2019. This is an estimate for the date that the convention’s
proposed changes would be presented to the voters. The New York Constitution
leaves it up to the convention to specify when its proposals will be placed on the
ballot for popular ratification. Past experience suggests it will most likely be the
general election in November 2019.
When and where would a convention take place?
As mandated by New York’s Constitution, a convention would convene on the first
Tuesday in April, following the election of delegates, therefore, April 2, 2019. The last
Constitutional Convention in 1967 was held in Albany from April 4 to September 26.3
In the past, conventions have been held in the Assembly chamber but this was before the
legislature extended its session from April to June occupying the chamber. There has
been discussion over what would be an appropriate alternative meeting location. The
Albany Convention Center has been recommended as it is conveniently located in the
Concourse of the Capitol and would allow legislators also serving as delegates to report
back to the chamber for votes on the floor. A new convention center is currently being
erected which could accommodate the delegates but would be farther from the Capitol
and less convenient for legislators. No matter what venue is selected, the convention will
be held in Albany beginning in April.
Who can be a delegate?
Many observers believe that the outcome of a constitutional convention will be
constrained by the delegates who are most likely to be elected. They fear that the political
nature of delegate selection may doom the process to gridlock and partisanship. A major
concern is that allowing legislators to serve as delegates will result in protection of the
3
"The Constitutional Convention of 1967," NYConstitution.org ,
http://nyconstitution.org/content/constitutional-convention-1967.
6
legislative status quo, and that allowing judges to serve will eliminate any chance for
meaningful reform of our judicial system. These fears are based, in part, on the 1967
Convention. At that time delegates had hoped to streamline the judicial system; one
proposal was to reduce the number of judges by reducing the number of specialized
courts in New York.4 This proposal was stopped over the fear that many judges (some of
them serving as delegates at the time) could potentially lose their jobs.5
On the other hand, others believe that no class of individuals should be excluded from
running to serve as a delegate and voters should determine who gets elected.6 Legislators
may run to become delegates in order to see their proposals for constitutional
amendments pass in spite of our gridlocked legislature. Additionally, legislators and
judges bring with them advanced knowledge of both the Constitution and New York
State law. To prohibit them from serving as delegates could potentially limit the number
of delegates with relevant knowledge and expertise.7
Any New Yorker can run to become a delegate but historically most delegates have been
legislators, judges, lawyers, and academics.8 During the 1967 Convention, many of the
delegates selected had held another public office at some point in their career even
though of the 186 delegates only 13 were legislators and 24 were judges.9 The delegate
body included both current and former appointed and elected officials, executive
legislative staff and local elected officials. (See Appendix IV. for a chart of delegate
occupations.)
Much like the concept of a citizen legislature, ideally the delegate selection process
should encourage people from all professions and backgrounds to run as a delegate. The
League’s long-standing position is that delegates should represent all racial and ethnic
backgrounds, education levels, and occupations.10 A good delegate body would include a
diverse group of people with a diverse set of interests representative of the state’s
population.
In New York the complicated petition process for getting on the ballot as a delegate is
often blamed for discouraging ordinary citizens from running. The petition process is
detailed in the election law, not the Constitution, and could therefore be changed by the
legislature before the delegates are elected (see petition process in later section). Some
reformers have argued that it will be possible to organize ordinary citizens to run and win
4
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 54-56.
5
Arthur J. Kremer, Anthony M. Figliola, and Maria Donovan, Patronage, Waste, and Favoritism: A Dark
History of Constitutional Conventions (Uniondale, NY: Empire Government Strategies, 2015), p. 27
6
Maria Cilenti and Elizabeth Kocienda, Task Force on the New York State Constitutional Convention:
Report on Delegate Selection Procedures, report, Policy Department, New York City Bar Association (New
York, NY: Association of The Bar of New York City, 2016), p. 2
7
Gerald Benjamin and Henrik N. Dullea, Decision 1997: Constitutional Change in New York (Albany,
NY: Rockerfeller Institute Press, 1997), p. 432
8
Ibid., 381
9
Ibid., 382
10
League of Women Voters of NYS letter to Alfonso David on Delegate Selection Process. November 25,
2015. http://www.lwvny.org/advocacy/gov-reform/concon/2016/Letter-Governor-Cuomo_030216.pdf
7
election as delegates, and use the convention process to achieve real change impossible
within the current legislative process.
An additional issue is the opportunity for some delegates to collect dual compensation
and possibly dual credit for pension purposes of service as a delegate.11 Under current
constitutional provisions, judges and legislators who serve as delegates are eligible to
receive both their full salaries, for their judicial/legislative position and for their service
as delegates. To bar dual compensation for legislators and judges who are delegates at a
convention, a constitutional amendment would have to be passed. Given that this would
have to pass two consecutive legislative sessions with an intervening state election, there
is not time to accomplish this change prior to the convening of a convention in 2019.
Dual credit for pension purposes is a different matter and would require the legislature to
pass specific legislation to put in place. For example, before the 1938 and 1967
Conventions, special legislation was passed to ensure that convention participation was
considered “government service” under pension law in New York State.12 This allowed
judges and legislators to include the money they earned as delegates in their
compensation for pension purposes. Since this definition of government service applied
to all delegates, pension credit was also earned by other government employees for time
spent as a convention delegate. The legislature would have the option to pass a similar
law to increase the pensions for legislators, judges, and other government employees for
a 2019 convention but this dual credit was the subject of much public criticism in 1967.
How many delegates will there be?
Under Article XIX of the New York State Constitution, voters of every senate district
elect three delegates at the next ensuing general election, and statewide voters elect
fifteen delegates-at-large. Based on the current configuration of 63 senate districts, there
would be 204 delegates elected for a convention held in 2019. 13 Since these numbers are
established by the Constitution, should the public vote to convene a 2019 constitutional
convention, there is insufficient time to effect a constitutional amendment prior to that
time and so the current constitutional provisions would be in effect.
How will candidates for delegate qualify to appear on the ballot?
Other aspects of the delegate selection process are contained in state election law and
revisions to those statutes could occur before the convention.14 These laws include
campaign finance regulations for delegate elections, qualification for people to run as
delegates, signature requirements for petitions and the content of petitions.15 That is to
say, people running in senate districts to become delegates must meet the qualification
11
Gerald Benjamin and Henrik N. Dullea, Decision 1997: Constitutional Change in New York (Albany,
NY: Rockerfeller Institute Press, 1997), p. 424-427
12
Ibid., 425
13
Ibid., 409
14
Maria Cilenti and Elizabeth Kocienda, Task Force on the New York State Constitutional Convention:
Report on Delegate Selection Procedures, report, Policy Department, New York City Bar Association (New
York, NY: Association of The Bar of New York City, 2016), p. 4
15
Gerald Benjamin and Henrik N. Dullea, Decision 1997: Constitutional Change in New York (Albany,
NY: Rockerfeller Institute Press, 1997), p. 409
8
requirements of candidates for the New York Senate. Candidates running to become
state-wide delegates must meet the qualifications for state-wide candidates such as
Governor, Comptroller, and Attorney General.
Delegates for the 2019 convention would be selected during the 2018 general election
and access to the ballot is governed by regular election law provisions. Under current
election law, candidates who wish to appear on an established party primary ballot need
to submit petitions with at least 1,000 signatures or 5% of the enrolled party’s voters
residing in their district.16 Candidates running as independents will need 3,000 signatures
or 5% of the votes cast in the district in the last gubernatorial election.17 Statewide atlarge positions require 15,000 signatures.18 State party committees also have the power to
appoint delegates at-large.19
Voters from each senate district elect three delegates per district. The at-large candidates
are listed using slate voting. Slate voting forces voters to vote for the candidates within a
given party. Each party develops a list for its slate of 15 at-large delegates. Although
ticket splitting is possible, it is often under emphasized and complicated for voters. Based
on statutes passed by the legislature for the 1967 Convention each voter votes for 3
candidates per senate district.20 The slate voting procedure for at-large delegates was also
put into statute for the 1967 Convention. If the ballot proposal for a convention is passed
in fall of 2017, the legislature could pass new statutes that might affect the delegate
selection process.
These requirements could be changed by legislative action prior to the election of
delegates, including after a vote to hold the convention. Earlier this year the New York
City Bar recommended a number of specific changes to the election process for
convention delegates, including abolishing slate voting for at-large candidates and
reducing signature requirements for petitions.21 The state League and a number of other
good government organizations are in support of these reforms as well as public
financing and voters’ guides for delegates.
How will the delegates organize themselves?
Once the convention begins delegates can determine how they wish to decide leadership
positions, how and when they will hold public hearings, seating arrangements for
delegates, and their weekly schedules. The last convention in 1967 was run very similarly
16
Maria Cilenti and Elizabeth Kocienda, Task Force on the New York State Constitutional Convention:
Report on Delegate Selection Procedures, report, Policy Department, New York City Bar Association (New
York, NY: Association of The Bar of New York City, 2016), p. 4
17
Ibid., 4
18
Ibid., 4
19
Gerald Benjamin and Henrik N. Dullea, Decision 1997: Constitutional Change in New York (Albany,
NY: Rockerfeller Institute Press, 1997), p. 418
20
Ibid., 436
21
Maria Cilenti and Elizabeth Kocienda, Task Force on the New York State Constitutional Convention:
Report on Delegate Selection Procedures, report, Policy Department, New York City Bar Association (New
York, NY: Association of The Bar of New York City, 2016), p. 4
9
to how the state legislature operates.22 Committees may be created and be charged with
addressing certain aspects of the Constitution such as judicial, environmental,
educational, or legislative issues. There are technically no mandatory procedure
guidelines in place for delegates. There was major criticism over how few public hearings
took place in 1967 and over the fact that, much like the legislature, the majority of the
work was left until the very end of the convention.23 This structure also caused the
convention to be perceived as partisan since the majority party was able to assign the
leadership positions.
Historically, New York has organized a convention commission before the vote on the
ballot question. This process helps to prepare both the public and potential delegates for
what could potentially be coming in the following two years. Governor Cuomo has
already expressed interest in forming a commission and supporting a convention but he
has yet to dedicate the funds for it.24 A convention commission would review past
conventions and assess the potential impact of a convention. Such commission is charged
with educating the legislature, executive, and public and can make recommendations to
the delegates of how they should precede, what rules they should put in places, and what
issues they should address. The Commission can also recommend changes that can be
passed by the legislature.
What will this cost?
In the 1967 convention, the office of the President of the convention had 17 staffers; the
majority Leader had 5 staff and the minority leader had 14. Each of the 16 committees
also maintained a full staff of an average of 12 employees.25 In addition to the more than
248 full time staff, there were 58 paid interns. Existing legislative staff can also be
utilized during the convention but will still require compensation. Undoubtedly, the
largest expense associated with the convention will be staff salaries. With such a robust
employee roster it’s no wonder the convention cost taxpayers $47 million.26 Adjusted for
inflation this totals to more than $336.5 million.
There also is the potential for considerable long term savings. In 2014, the legislature
passed an amendment that eliminated the need for paper bills to be printed and left on
legislator’s desks. Instead of paper bills, legislators each received a tablet containing
PDF’s of the bills. The amendment saved the government millions of dollars and allowed
22
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 23-27
23
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 27-30
24
Office of Governor Cuomo, Press Office, "Governor Cuomo Outlines 2016 Agenda: Signature Proposals
Ensuring That New York Is - And Will Continue to Be - Built to Lead," news release, January 13, 2016,
Governor.ny.gov.
25
"Proceedings of the Constitutional Convention of the State of New York, April Fourth to September
Twenty-Sixth, 1967," accessed May 3, 2016,
http://nysl.cloudapp.net/awweb/main.jsp?flag=collection&smd=1&cl=all_lib&field11=17455467&tm=147
8280918889.
26
Matthew Hamilton, "Report: Few Pros Many Cons to New York's Constitutional Conventions," Albany
Times Union, June 23, 2016.
10
for greater efficiency when distributing bill text.27 Similar amendments that would
modernize old practices and update them for the digital age could save the government
resources. The state primary system could be simplified with considerable savings every
two years. There are many additional opportunities for delegates to streamline and
consolidate the Constitution so that government efficiency is maximized.
III. Issues: What and Why?
Although the convention process might be long and expensive, it would give New
Yorkers the opportunity to think about our values, our concerns and what policies would
best address those fundamental issues. The current Constitution, dating from 1894 and
amended over 225 times, contains provisions and language which are obsolete, outdated
and redundant and which should be removed for precision and uniformity. Opening the
Constitution also gives us a chance to see what could be amended for clarity, and what
provisions could be added to reflect New York’s core values. Some fear that opening the
Constitution would be tantamount to opening a Pandora’s Box with uncertain
consequences for current protections. Others see this as an opportunity to achieve
fundamental reforms that have been consistently stymied in the state legislature and
improve representative democracy. New York’s Constitution touches all citizens of New
York in a myriad of ways and convening a convention with the potential to completely
overhaul the basic structure of state government is a proposition that deserves careful
consideration.
Why is a state constitution important?
Many people do not appreciate the significance of a state constitution to their lives. In
addition to setting forth our government’s foundation, the state Constitution both limits
the broad governmental power inherent in state government and confers positive rights
upon citizens.
New York’s Constitution includes an expansive bill of rights, governs voting procedures,
and runs the gamut from taxes to education. Protections for the physically and mentally
disabled, social welfare, housing, legislative and judicial structures, and the power of our
executive, are all addressed in the state’s Constitution. The range of matters covered by
the state Constitution contributes to the possibility that changes could disadvantage some
citizens since an unlimited constitutional convention inevitably presents some risk to
current protections. Proposed amendments could, for example, retain, revise or eliminate
the provision protecting public pensions. Of course, voters ultimately vote on whether or
not proposed amendments are adopted, but consequential changes could be hidden in a
morass of legal language.
What state policies could be changed, added or deleted through a convention?
The simple answer is all of them since it is not possible to hold a limited constitutional
convention. Should a convention take place, the League will issue separate educational
27
New York State Senate, "New Law Promotes Efficiency and Cost Savings For Local Governments,"
news release, October 27, 2015, Nysenate.gov, https://www.nysenate.gov/newsroom/pressreleases/catharine-young/new-law-promotes-efficiency-and-cost-savings-local.
11
material focusing just on the issues. But for now, in general terms, issues most likely to
be addressed at a constitutional convention include the following.
i. Election Law
Many facets of the election law are regulated in Article II, entitled Suffrage, including
voting qualifications, how we vote, how the Board of Elections should operate, and how
to conduct special elections. Many election-related issues important to the League, in
particular making registration more accessible to increase participation, can only be
addressed through a constitutional amendment. For example, the deadline for voter
registration is specified in the Constitution to be 10 days prior to an election day (by
statute that has been increased to 25 days), and therefore, proposals for same day
registration require an amendment to the Constitution. The legislature has been very
reluctant to change any aspect of the system that elects them.
ii. Issues of Governance
The Legislature and Executive are covered in Articles III and IV and many of their
provisions are thought to be ripe for updating or revision. These articles include the term
tenure of elected offices, how districts are drawn, the balance of powers between the
branches, qualifications for elected office, and salary compensation and travel per diem
for members.
A convention could propose term limits for members and leadership positions in the
Assembly and Senate, increase transparency in the budget process, change the numbers
of legislators, increase term lengths, stagger terms, or eliminate cumbersome
requirements for bill passage. All of these changes have been suggested as improving the
structure of the legislature. In addition, the redistricting process for state legislative and
Congressional districts is covered in Article III and could be changed at a convention.
iii. Ethics
Ethics, corruption and money in politics are among the issues in the forefront of current
conversations about our state government. A constitutional convention would be able to
discuss and draft revisions to the Constitution to address these issues in many ways. For
example, it might adopt a provision in the Bill of Rights giving to citizens the right to a
fair and decent government performed by elected officials dedicated to serving the people
or it might limit the ability of legislators to earn outside income. Meaningful campaign
finance reform is also thought to be more achievable through a convention process than
the legislative process given the vested interest legislators have in the maintenance of the
current system. Ethics enforcement and oversight could also be strengthened. Unlike
many other states, New York does not have a statewide citizen initiative process.
iv. Judiciary
The article on the judiciary is thought by many to be fertile ground for revision. The
judicial system could be updated, with a consolidated trial court system and merit
selection of judges.
12
v. Government Funding and Taxation
Article XVI of the Constitution deals exclusively with taxes in New York State. It covers
who and what are exempt from taxes, where tax funds are spent, and what taxes can be
spent on, what other avenues are available for raising money and how those monies are
spent. Section 6 addresses indebtedness of local counties and townships that are required
by the state to raise property taxes in order to pay for repairs to their locality. Property
taxes are a major issue in New York State and would likely be addressed through a
convention.
vi. The Blaine Amendment
Article XI of the Constitution covers education. It is a relatively small section that covers
common schools, regents, and a very contentious issue – the prohibition of the use of
public dollars for private schools also known as the Blaine Amendment (see History:
1967). The Blaine Amendment was first added to the Constitution during the 1894
Constitutional Convention to ensure a separation between church and state within the
schools. At the time of its passage in 1894, the Catholic Church chose not to rally
opponents. It feared that if it drew too much attention to the church and state divide,
delegates might add other amendments, such as removing funding from Catholic
hospitals.
The Blaine Amendment mandates that the use of public property, credit, money, or
permit may not be used either directly or indirectly in aid of maintenance (other than for
examination or inspection) by any school or institution of learning wholly or in part under
the control or direction of any religious denominational tenet. The section does however
allow the legislature to provide money for transportation to and from the school. In 1967
delegates proposed a recommendation to have the amendment removed. Religious
organizations lobbied heavily and successfully to have the recommendation in the final
ballot proposal. Voters rejected the entire package and many opposed it strictly based on
the Blaine Amendment redaction. Many fear that lobbying by religious organizations
could result in this amendment being struck from the Constitution by a new convention.
Several groups on both sides of the issue have already begun their lobbying efforts.
vii. Forever Wild
Article XIV of the Constitution deals with the conservation of New York’s forest
preserves. The Adirondack Park is protected as “forever wild” under this article and can
only be developed in certain restricted areas. There are advocacy groups that focus on
conservation of these lands and business groups that wish to develop on them. A
convention could open up the “forever wild” clause for revision and potentially allow for
commercial and residential development in parts of the park that would otherwise be
mandated as protected lands.
viii. Reproductive Choice
There are no provisions in the New York State Constitution protecting a woman’s right to
choose. Under the United States Supreme Court’s ruling in Roe v. Wade, women have a
right to choose their own reproductive activities, guaranteed by the federal Constitution.
New York State lawmakers have tried, but failed, to explicitly protect a woman’s right to
choose in New York through legislative action. A constitutional convention could ensure
13
or prohibit a woman’s right to choose in New York State, even if those protections are
changed at the federal level.
ix. Pensions
New York State’s pension system for public employees is protected by the Constitution.
Those who work for New York State are entitled to receive pension benefits upon
retirement and the Constitution, characterizes these rights as contractual, and therefore
not subject to diminution. This protection is also the reason that state legislators who
have been convicted of public corruption cannot be deprived of their pensions.
x. Other issues
Other areas often mentioned as likely topics for revision/insertion into our constitution
include educational standards, unfunded mandates, Women’s Bill of Rights, and
empowerment of local governments generally referred to as “home rule.”
IV. Conclusion
Since 1967 when the people of the State of New York rejected the constitutional changes
proposed by the last convention, they have twice voted against the calling of another
constitutional convention. Many think that these “no” votes have been driven primarily
by fear of change to current constitutional protections. The most contentious issues in
past debates over the convention question are likely to be at the forefront of the
conversation in 2017. Added to this mix will be concern over the role of special interest
money in electing delegates in the current political climate.
There is risk in opening the state’s Constitution but there is also potential for positive
change. During the 2017 election, voters should consider not only the potential
controversial issues that could be addressed but also possible constructive change to
governmental systems that could improve representative democracy in our state.
There is still time for the Legislature to make changes to certain aspects of election law
that could improve the fairness of delegate selection. There is not time to change the
Constitution to ban legislators and judges from receiving double salaries. However,
voters should not discount the importance of having delegates who are familiar with the
state’s Constitution and who are comfortable interpreting the details of the document.
Although the initial investment of having a convention may be large, there is a significant
potential for long term cost savings.
Our Constitution needs to work for all New Yorkers. It solidifies our rights as citizens of
New York State and limits the power of the state’s government. It is a crucial document
that needs to be protected and maintained so that it continues to reflect the principles and
values of the people of New York State.
14
V.
Bibliography
Benjamin, Gerald, and Henrik N. Dullea. Decision 1997: Constitutional Change in New
York. Albany, NY: Rockerfeller Institute Press, 1997.
Cilenti, Maria, and Elizabeth Kocienda. Task Force on the New York State Constitutional
Convention: Report on Delegate Selection Procedures. Report. Policy Department, New
York City Bar Association. New York, NY: Association of The Bar of New York City,
2016.
Christopher Bopst and Galie, Peter. Ordered Liberty: A Very Brief Constitutional History
of New York. 2015.
Karlin, Rick. "Are 56,326 Words Just Too Much?" Albany Times Union, November 29,
2012. http://www.timesunion.com/local/article/Are-56-326-words-just-too-much4078928.php.
Seeds of Failure; a Political Review of New York State's 1967 Constitutional
Convention. New York: League Of Women Voters, 1973.
Hamilton, Matthew. "Report: Few Pros Many Cons to New York's Constitutional
Conventions." Albany Times Union, June 23, 2016.
"Interview with Former Convention Commissioner and Former LWVNYS President,
Shirley Eberly." Telephone interview by author. August 22, 2016.
Kremer, Arthur J., Anthony M. Figliola, and Maria Donovan. Patronage, Waste, and
Favoritism: A Dark History of Constitutional Conventions. Uniondale, NY: Empire
Government Strategies, 2015.
Merriam, Jess. "The Blaine Game: Controversy Over the Blaine Amendments and Public
Funding of Religion." Pew Research Center. July 24, 2008.
http://www.pewforum.org/2008/07/24/the-blaine-game-controversy-over-the-blaineamendments-and-public-funding-of-religion/.
New York (State). Department of State Division of Administrative Rules. The
Constitution of the State of New-York.
New York State Senate. "New Law Promotes Efficiency and Cost Savings For Local
Governments." News release, October 27, 2015. Nysenate.gov.
https://www.nysenate.gov/newsroom/press-releases/catharine-young/new-law-promotesefficiency-and-cost-savings-local.
15
Office Of Governor Cuomo. Press Office. "Governor Cuomo Outlines 2016 Agenda:
Signature Proposals Ensuring That New York Is - And Will Continue to Be - Built to
Lead." News release, January 13, 2016. Governor.ny.gov.
"Proceedings of the Constitutional Convention of the State of New York, April Fourth to
September Twenty-Sixth, 1967." Accessed May 3, 2016.
http://nysl.cloudapp.net/awweb/main.jsp?flag=collection&smd=1&cl=all_lib&field11=1
7455467&tm=1478280918889.
"The Constitutional Convention of 1938." NYConstitution.org. Accessed May 11, 2016.
http://nyconstitution.org/content/constitutional-convention-1938.
"The Constitutional Convention of 1967." NY Constitution.org. Accessed May 11, 2016.
http://nyconstitution.org/content/constitutional-convention-1967.
WMCA, Inc. v. Lomenzo 377 U.S. 633,
Https://supreme.justia.com/cases/federal/us/377/633/ (June 15, 1964).
16
Appendix I.
How to Legislatively Amend the Constitution
Start Here:
st
nd
After 1 Passage
After 2 Passage
17
Appendix II.
Summary of Convention Amendments
Accepted or Rejected
Year
Summary of Amendments
◦
1777
-------◦
◦
1801
Accepted
1821
Accepted
1846
Accepted
1867
Accepted and Rejected
1894
Accepted
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
1915
Rejected
(Many proposals passed
in ensuing years
through legislative
initiated amendments)
◦
◦
◦
◦
1938
Rejected and Accepted
9 ballot questions; 6
passed by voters.
◦
◦
◦
1967
Rejected
(Packaged all
amendments as single
ballot question)
◦
Religious freedom, trial by jury, property owner’s right to vote, due process, right
to counsel, and protection from bills of attainder.
Codified common law.
Increase in population led to increase in size of legislature. Senators set at 32,
Assembly Members set at 150.
Power of nominations given to the legislature instead of the Governor.
Established a mechanism for amending the Constitution without a convention.
Abolished the Council of Appointments.
Created a new system of circuit courts.
Established voting qualifications for white and African American men.
Expanded the types of offices that would be elected by the people.
Restrictions on legislative power and the spending of public dollars.
Mandate the presentation to the voters of question s to whether to call a
convention every 20 years.
Accepted: Extend judges terms in office, reduce case backlog.
Rejected: Increase term limits for senators, restriction of legislative power and
increasing the governor’s power.
Creation of the University of the State of New York (SUNY).
“Forever Wild” state forest preserve.
Merit based civil service.
Established home rule provisions for municipalities.
Set up laws regarding voter registrations, voting machines and bipartisan election
boards.
Established guidelines for the selection of convention delegates.
Creation of Blaine amendment - forbidding the use of public dollars for private
religious schools.
Equal Protection Clause.
Measure to institute a more coordinated government body.
Considered granting women the right to vote but did not include it in final
proposal.
Accepted: Safety net for needy, housing, transportation for education, and debt
limitations for New York City’s rapid transit.
Accepted: Equal protection clause prohibiting discrimination based on race, color
or creed in both private and state action.
In total, 57 amendments were proposed in the form of 9 ballot questions; six
ballot questions passed.
Amendments included: improving the language protecting freedom of speech,
allowing citizens to bring legal action against the state, allowing the legislature to
reduce the voting age, repealing the Blaine Amendment, streamlining the
procedure for raising the local tax cap, allowing the legislature to incur debt
without voter referendum.
Voters overwhelmingly rejected the proposal.
18
Appendix III.
History of Conventions: 1777 to 1938
History of Significant Changes to the Constitution
New York has held nine conventions since 1777, including the one in 1777 which drafted
the first constitution.28 Of these nine, four conventions (1777, 1821, 1846 and 1894)
produced new constitutions. The current Constitution is the one adopted in 1894, with
many revisions adopted legislatively and through conventions since then. Some
conventions produced significant changes for the state, while others were voted down by
a vast majority of voters. Below is a brief overview of previous constitutional
conventions. Our most recent convention in 1967 is described in Appendix IV.
Our Founding: 1777
New York’s Constitution was created during the revolutionary war. It was finalized and
approved April 20th, 1777. 29 The document laid the ground work for our state governance
and included articles covering religious freedom, trial by jury, property owner’s right to
vote, due process, right to counsel, and protection against bills of attainder. The
Constitution also solidified the government system that was already in place. It codified
how the judicial and legislative branches were to operate. The document did not include
articles pertaining to education, prohibiting domestic slavery, or dictating the process of
amending.30
Legislative Changes: 1801
At this point in New York’s history, there was no formal mechanism in place to amend
the Constitution. As the state’s population began to grow, so did the number of state
Senators and Assembly Members. A convention was called by the legislature to define
the number of legislators allowed to be elected and to decide which branch of
government had the right to control nominations of appointees. The legislature
recommended the convention and delegates were selected.31 The total number of Senators
was set at 32, Assembly Members 150; nominating power was given to the legislature
instead of the Governor.
Power to the People: 1821
With no provision in the Constitution to call a convention, the legislature placed on the
ballot the question as to whether there should be a convention to consider revisions in
1821; this established the tradition of the conventions being called by the people, not the
legislature. In this convention, however, the mechanism for amending the Constitution
by the legislature was created. The amendment allowed the legislature to propose their
28
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
29
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
30
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
31
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
19
changes during legislative session. The amendment would need to pass the legislature
twice, in two consecutive sessions, before it would be voted on by the people. This
convention also abolished the Council of Appointments, created a new system of circuit
courts, and established voting qualifications for white and African American men. The
amendment removed the property ownership requirement for whites but maintained them
for free adult black males. A requirement of passage by two-thirds vote of the legislature
for any bill appropriating money or property for local or private purposes was also
included in these amendments.
Establishing the Convention Question: 1846
In 1826, the legislature used its new power to propose two constitutional amendments
during regular legislative session and other amendments were adopted in 1833, 1839 and
1845 through the legislative process. A formal convention was held in 1846. This
convention expanded the types of offices that would be elected by the people. The
convention also resulted in restrictions on legislative power and the spending of public
dollars. One of the more significant amendments was an amendment mandating the
presentment to the voters of a question on the calling of a convention every 20 years;
beginning in 1866 and every 20 years thereafter, the question, “Shall there be a
Convention to revise the Constitution and amend the same?” would be a required ballot
proposal. The convention also submitted to the voters an amendment providing repeal of
the property qualifications for suffrage of black males; this question was rejected by a
margin of more than 2-1. By the time the convention ended, our Constitution had tripled
in size.32
Institutional Changes: 1867
While the 1846 convention focused on the legislative branch, the 1867 convention turned
its attention to the judicial. The amendments for this convention were listed as separate
items on the ballot rather than one large package. During this vote, some amendments
were accepted but others were rejected. The 1867 convention proposed amendments to
reduce case backlog and extend judges terms in office; these changes were submitted
separately to the voters in 1869 and were approved. A second separate submission to the
voters was also drafted to retain the property qualification for African American males;
this amendment was also approved. Voters did not accept an amended Constitution
which contained provisions to increase term length for senators, restrict legislative power,
and strengthen the governor’s power.33
Establishing New York: 1894
This convention yielded significant changes to New York with the creation of the
University of the State of New York; the “forever wild” state forest preserve; merit based
civil service; some home rule provisions for municipalities; provisions regarding voter
registrations, voting machines, and bipartisan election boards; guidelines for the selection
of convention delegates; and an amendment forbidding the use of public dollars for
32
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
33
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
20
private religious schools (the Blaine Amendment).34 This convention also proposed
amendments that created the apportionment process for the state legislature. All of these
amendments were approved by the voters and this Constitution continues to be the
current Constitution of the state.
Expanding Women’s Rights:1915
The 1915 new Constitution draft was rejected by voters. The amendments proposed were
quite progressive and included an Equal Protection Clause as well as a measure to
institute a more coordinated government body.35 The delegates also considered an
amendment granting women the right to vote but ultimately did not include it in their
proposal. Women would get the right to vote in New York State in 1917 through a
legislatively initiated amendment.
Depression Era Changes: 1938
Without drafting an entirely new Constitution as desired by many delegates, the 1938
convention did succeed in proposing a number of significant amendments to the
Constitution. An expansion of the state’s role for social welfare and economic programs
were proposed to the existing Constitution.36 A safety net for the poor, new powers and
duties for the judiciary, legislative role in taxation, access to housing, transportation for
education, and debt limitations of New York City’s rapid transit were all addressed
during this convention.37 While maintaining the 20 year ballot question of holding a
constitutional convention, the next year was revised to 1957 and 20 years thereafter to
avoid falling on a national or state election year. In total, 57 amendments were proposed
in the form of 9 ballot questions; 6 of those questions were approved.
34
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
35
Christopher Bopst and Peter Galie, Ordered Liberty: A Very Brief Constitutional History of New York,
(n.p., 2015).
36
"The Constitutional Convention of 1938," NYConstitution.org, accessed May 11, 2016,
http://nyconstitution.org/content/constitutional-convention-1938.
37
"The Constitutional Convention of 1938," NYConstitution.org, accessed May 11, 2016,
http://nyconstitution.org/content/constitutional-convention-1938.
21
Appendix IV.
Most Recent Convention: 1967
Modernizing New York: 1967
The 1967 convention was significant not only because it was New York’s last
convention, but also because of the amendments delegates proposed and the arrangement
they used to present them to voters. The legislature proposed the calling of the 1967
convention to address issues arising from a series of Supreme Court cases that invalidated
New York’s apportionment processes under the Federal Constitution’s equal protection
clause. Voters overwhelmingly voted in favor of holding the 1967 convention. The major
goals of the convention were to improve representation in lawmaking bodies, develop the
provisions that provide state education and welfare, make access to justice more
equitable, and improve cost sharing amongst the various levels of government.38
Unfortunately the convention did not achieve any of these goals and instead resulted in a
major politically charged battle between delegates, lobbying groups, and the public.
a. Who was there and how did it work?
Before the convention question was put on the ballot, a commission was proposed to
review the potential impact. The commission was created in June of 1965 but members of
the commission were not selected until December, a month after voters had approved
holding a convention.39 By the time funds were allocated, staff were appointed, and
leadership roles were assigned, there were only nine months left to produce results. After
several leadership changes, three goals were finally laid out. The goals of the commission
were to (1) produce materials on the issues (2) educate and involve the public (3) prepare
for the convention in terms of logistics and procedures.40 Of these three goals only the
first was accomplished. Ultimately the commission decided it would not make any
recommendations to the delegates.41
In total, 186 delegates were selected to participate in the convention with Democrats
maintaining the majority. Of the 186, 87 had held elected office at some time (not
necessarily at the time of the constitutional convention), 66 had held an appointed
political office, and 33 had no governmental experience. Based on their own
categorization, the delegates indicated the following occupations at the time of the
convention.42
38
Arthur J. Kremer, Anthony M. Figliola, and Maria Donovan, Patronage, Waste, and Favoritism: A Dark
History of Constitutional Conventions (Uniondale, NY: Empire Government Strategies, 2015), p. 24-25
39
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 11-13
40
Ibid., 14
41
Ibid., 16, 17
42
Gerald Benjamin and Henrik N. Dullea, Decision 1997: Constitutional Change in New York (Albany,
NY: Rockerfeller Institute Press, 1997), p. 382
22
1967 Constitutional Convention Delegates
Attorney (self-categorized)
88
Business
36
Judge
24
State Legislator
13
Union Official
6
Professor
5
Media Professional
4
Mayor
3
Congressman
2
UN Official
1
Clergy
1
Farmer
1
Other
2
Total
186
The convention began on April 4, 1967 in the Assembly Chamber. The appointed
president of the convention, Anthony Travia, said on the opening day that he wanted to
make it clear to the press that “…this Convention will not be run as is the Legislature”.
The convention did however operate in a very similar manner. It utilized similar floor
rules, gave the president the power to appoint the leadership roles and delegate vacancies,
and assembled on a similar time schedule to the legislature.43
The delegates were separated into different committees each charged with reviewing the
parts of the constitution that related to them. Each committee had a total of 27 members,
15 from the majority party and 12 from the minority.44 A total of 14 committees were
created. These committees were supposed to act as a legislative committee would act –
hold hearings, review proposals, and make recommendations.45 Instead these committees
held a total of only four hearings and many delegates felt that their voices were not heard
because of the blatant partisanship of the delegates.46
b. What were the proposals?
The major proposals put forward by the delegates included repealing of the Blaine
Amendment, legislative apportionment of Senate and Assembly districts, streamlining of
New York’s court system, and lowering the voting age from 21 to 18.47
43
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 23
44
Ibid., 26
45
Ibid., 25
46
Ibid., 25
47
Arthur J. Kremer, Anthony M. Figliola, and Maria Donovan, Patronage, Waste, and Favoritism: A Dark
History of Constitutional Conventions (Uniondale, NY: Empire Government Strategies, 2015), p. 24-25
23
The Blaine amendment is written in Article XI of the Constitution. It mandates that “the
use of public property, credit, money, or permit may not be used either directly or
indirectly in aid of maintenance, other than for examination or inspection, by any school
or institution of learning wholly or in part under the control or direction of any religious
denominational tenet”.48 The section does however allow the legislature to provide
money for transportation to and from the school – this amendment was added during the
1938 convention.49
This amendment was first proposed in the US House by Congressman James Blaine in
1875.50 Blaine proposed a US Constitutional amendment to prohibit states from funding
religious schools.51 The amendment was voted down by Congress but many states chose
to add the amendment to their own state constitutions. Currently 36 states have their own
version of the Blaine Amendment.52
During the 1967 convention, many religious organizations fought to see the amendment
completely repealed. There was support within the delegation with many delegates
arguing the amendment violated the First Amendment of the US Constitution. Instead of
completely repealing the section, it would be replaced with language from the First
Amendment. The proposition was assigned to the Bill of Rights and Suffrage Committees
rather than the Education Committee.53 This was the most contentious proposal and it
received significant attention because of the intense lobbying efforts surrounding it.
While legislative apportionment was the reason the 1967 convention, and the Supreme
Court had ruled the current apportionment and districting standards invalid, this issue was
of little concern to the public.54 A new amendment was drafted that would solidify the
number of state officials, the length of their terms, their qualifications, their
compensation, and their duties.55 The article also stated that districts should be as equal as
possible and that districts should use existing town, village, city, and county district
lines.56 Delegates were more motivated by partisanship than concern for fairness. The
minority opposed the amendment and fought vigorously to see it turned down. The
majority used its power to push the amendment through.
48
New York (State), Department of State Division of Administrative Rules, The Constitution of the State
of New-York.
49
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 43
50
Jess Merriam, "The Blaine Game: Controversy Over the Blaine Amendments and Public Funding of
Religion," Pew Research Center, July 24, 2008, , http://www.pewforum.org/2008/07/24/the-blaine-gamecontroversy-over-the-blaine-amendments-and-public-funding-of-religion/.
51
Ibid.
52
Ibid.
53
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 44
54
WMCA, Inc. v. Lomenzo 377 U.S. 633, Https://supreme.justia.com/cases/federal/us/377/633/ (June 15,
1964).
55
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 34-35
56
Ibid., 35
24
Delegates had hoped to streamline the judicial system in New York State. The current
system was very complex and in the years leading up to the convention there had been
talk about potential ways to streamline the system. Instead of creating a simplified
system, the proposal put forward by the convention was actually more complicated than
what was in place.57 The proposal would add another court that would deal with
administrative law matters.58 There was talk about eliminating some judges and
unnecessary courts and to have the state fund the entire system but these proposals did
not make it to the final ballot proposal.59
c. Why did it fail?
There were many reasons why the proposed amendments were ultimately rejected by
voters. The press played a significant role in the failure of the proposals. The delegates
spent little time talking to the press and even barred them from attending committee
meetings.60 The few articles written about the convention played to the emotion of the
public and editorialized about the controversies surrounding certain amendments such as
repealing Blaine. Heavy lobbying efforts also had a direct effect on the outcome.
Although groups did have to register as lobbyists during the convention, this did not stop
the 152 registered groups from spending $103,000 by mid-August.61 Racing and
gambling associations, good government groups, educational organization, religious
organizations, and private interest groups all used their power to influence the proposed
amendments.
Rather than listing the amendments separately, the delegates decided to list them all as a
single proposal. The decision came after a fight between the convention President and the
Republican members of the convention. The Republicans as well as the Governor
believed that each section should be listed separately.62 President Travia felt that if the
package was a single vote, repealing of the Blaine Amendment would be enough to get
the Catholic vote and pass the whole package.63 Instead of inciting Catholic voters, the
Blaine amendment brought out droves of voters who opposed repealing the amendment.
Lobbying efforts by education organizations were just as strong as those by the religious
groups and ultimately the package was rejected with 3.4 million voters opposing and only
1.3 million supporting.64
57
Arthur J. Kremer, Anthony M. Figliola, and Maria Donovan, Patronage, Waste, and Favoritism: A Dark
History of Constitutional Conventions (Uniondale, NY: Empire Government Strategies, 2015), p. 25
58
Ibid., 25
59
Ibid., 25
60
Seeds of Failure; a Political Review of New York State's 1967 Constitutional Convention. (New York:
League Of Women Voters, 1973), p. 27
61
Ibid., 28
62
Arthur J. Kremer, Anthony M. Figliola, and Maria Donovan, Patronage, Waste, and Favoritism: A Dark
History of Constitutional Conventions (Uniondale, NY: Empire Government Strategies, 2015), p. 26
63
Ibid., 26
64
Ibid., 26
25
Appendix V.
Recent Referendum Rejections: 1977 and 1997
Convention Rejected: 1977
Ten years after the rejection of the 1967 amendments, voters were again asked whether
the state should hold a convention and they voted it down.
Most Recent Rejection of Convention: 1997
In 1993, prior to the 1997 public vote on a constitutional convention, a commission was
organized by Governor Mario Cuomo to assess whether or not holding a convention
would be beneficial to the state; the final report from the Temporary State Commission
on Constitutional Revision (often called the Goldmark Commission after its chair, Peter
Goldmark) was issued in 1995. The Commission met in New York City over the course
of a year to evaluate potential effects of holding a convention. A typical meeting was an
all-day affair that consisted of a presentation of a briefing paper or an expert speaker on a
particular policy area.65 The Commission also held hearings across the state and did
release an interim report with recommendations concerning the delegate selection
process. A briefing book relating to potential issues of a constitutional convention was
drafted and a newsletter, Constitutional Matters, was distributed.66 The public
resoundingly voted against a constitutional convention on November 4, 1997. The
League of Women Voters of NYS opposed the ballot proposal, primarily because the
legislature had failed to reform the delegate selection process sufficiently to ensure New
Yorkers would be equitably and fairly represented in convention deliberations. Many
other organizations and lobby groups also opposed it for various reasons, including fears
of changes to the public pension system and of elimination of the Blaine Amendment.
65
"Interview with Former Convention Commissioner and Former LWVNYS President, Shirley Eberly."
Telephone interview by author. August 22, 2016.
66
Maria Cilenti and Elizabeth Kocienda, Task Force on the New York State Constitutional Convention:
Report on Delegate Selection Procedures, report, Policy Department, New York City Bar Association (New
York, NY: Association of The Bar of New York City, 2016)
26
Appendix VI.
Additional Resources
Here are some additional resources that can be used to further your understanding of a
Constitutional Convention. We recommend that you do your own research on the subject
so that you can have a complete understanding of what is at stake come Election Day
2017.
Contacts for Speakers

Gerald Benjamin
Associate Vice President for Regional Engagement
SUNY New Paltz
1 Hawk Drive
New Paltz, NY 12561
845-257-SUNY (7869)
[email protected]

Robert E. Bullock
Deputy Director for Operations
The Nelson A. Rockefeller Institute of Government
411 State Street
Albany, NY 12203-1003
(518) 443-5837
[email protected]

Christopher Bopst
Constitutional and litigation partner at Goldberg Segalla LLP
(202)-540-0505
[email protected]

Henrik Dullea
Vice President for University Relations Emeritus for Cornell University
(607) 277-2488
[email protected]

Peter J. Galie
Professor Emeritus at Canisius College
716-888-2695
[email protected]

Arthur “Jerry” Kremer
President of Empire Government Strategies and author of Anti-Convention piece:
Patronage, Waste, and Favoritism
(516)663-6688
[email protected]
27

Blair Horner
Executive Director, New York Public Interest Research Group
(518) 436-0876
[email protected]
Helpful Websites and Links

Full New York State Constitution:
https://www.dos.ny.gov/info/pdfs/Constitution%20January%202015%20a
md.pdf

Rockefeller Institute of Government Constitutional Convention Project:
http://www.rockinst.org/NYS_ConCon2017/

New York Public Interest Group Roadmap to the Convention:
http://nypirg.org/goodgov/concon/con_con_merged_final.pdf

League of Women Voters Links to Convention Documents:
http://www.lwvny.org/programs-studies/con-con-edu.html

The League’s book on the 1967 Convention: Seeds of Failure:
http://www.lwvny.org/advocacy/concon/2016/LWVNYS-Book-1967Con-Con.pdf

Anti-Convention website featuring cons of holding a convention:
http://www.nyconcon.com/

History of Conventions, countdown clock, reform proposals, pro and con listing,
and blog on convention:
http://www.newyorkconcon.info/

New York State Library documents from previous elections:
http://www.nysl.nysed.gov/scandocs/nyconstitution.htm

Original Constitution of 1777:
http://consource.org/document/constitution-of-new-york-1777-4-20/
28