November 2016
An Overview of the Who, What, Where, When, Why,
and How of New York State’s
Constitutional Convention Question
Part I. Introduction
•
Part II. Background On Amending our State
Constitution
Part III. Convention Process: Who, Where, When, and
How?
•
Part IV. Issues: What and Why?
•
Part V. History of Conventions
•
Part VI. Conclusion
•
•
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?”
 Amending
the Constitution
through the Legislative
Process
 Amending
the Constitution
through a Constitutional
Convention

Amendments can be proposed by state legislators

Must pass in 2 consecutive legislative sessions

Voters approve or disapprove

If amendment passes it becomes part of the
constitution beginning in the following January
st
After 1 Passage
nd
After 2 Passage
Voters decide:
 Whether to hold a convention
◦ November 7, 2017

Who will be a delegate
◦ November 6, 2018

Whether to accept or reject amendments
◦ November 5, 2019
 When
and where would a convention take place?
 Who can be a delegate?
 How are delegates elected?
 Ballot Access
 How will the delegates organize themselves?
 What will this cost?

Convention would begin April 2, 2019

Uncertainty over where convention will be held
◦ Location somewhere in Albany


Ordinary citizens can run to be delegates but the
current delegate selection process favors political
insiders
Concerns from past conventions raise the issue of
whether certain groups/professionals should be
excluded from serving as delegates?


Dual salaries for sitting legislators and judges
Dual credit for pension purposes



Petition process
3 delegates per each senate district
15 state-wide delegates

Established Party
◦ 1,000 Signatures
◦ 5% of enrolled party in district

Independent
◦ 3,000 Signatures
◦ 5% of votes cast in last Gubernatorial election

Statewide At-Large
◦ 15,000 Signature
◦ State party committee appointments

Delegates elect leadership and adopt rules
◦ Historically similar to state legislature

Potential Pre-Convention Commissions

Cost includes: salaries, staff, supplies, venue

Estimates are for expenses of more than $300
million

Possible savings with constitutional changes
 Why
is a state constitution important?
 Possible Changes:
Election Law & Ethics
Issues of Governance & Judiciary
Government Funding & Taxation
The Blaine Amendment
Forever Wild
Reproductive Choice
Pensions
Other Issues



Governs state operations
Protects most vulnerable populations
Gives power to legislature and executive

Election Law: Article II.
◦ Registration
◦ Who is eligible to vote
◦ Election guidelines


Ethics not explicit in document
Option to add amendments
◦ Campaign Finance
◦ Transparency
◦ Enforcement and Oversight

Legislative and Executive: Articles III. & IV.
◦
◦
◦
◦

District shape/size
Term tenure
Qualifications
Salary & per diem
Judiciary: Article VI.
◦ Structure and possible
consolidation of
courts
◦ Merit selection of
judges

Taxes: Article XVI.
◦ Exemptions
◦ Spending
◦ Property taxes

Education: Article XI
◦ Board of Regents established
◦ Common Schools
◦ Blaine Amendment
 No public dollars for private schools

Major issue in 1967 Convention

Forest Preserves: Article XIV.
◦ Adirondack Park
 Restrictions on development

No current provisions in Constitution

Officers and Civil Departments: Article V.
◦ NYS employee pensions are a contractual relationship

Currently in Constitution:
◦ Home Rule: Article 9
◦ Unfunded Mandates

Not in Constitution:
◦ Educational Standards
◦ Women’s Bill of Rights
 History
of Conventions: 1777 to 1938
 Our Most Recent Convention: 1967
Process
Issues
Rejected Proposals
 1977
and 1997 Convention Ballot Proposals







Religious freedom
Trial by Jury
Property owner’s right to
vote
Due Process
Right to counsel
Codification of common
law
Codification of judicial
and legislative branches
established

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 spending of
public dollars
Mandated convention question to appear on ballot
every 20 years

Accepted:
◦ Extension of judges’
terms in office
 Reduced case
backlog

Rejected:
◦ Increased term
limits for senators
◦ Restriction of
legislative power
◦ Increased
governor’s power







Creation of the SUNY
“Forever Wild”
Merit based civil service
Home rule
Laws regarding voting
Guidelines for electing
convention delegates
Blaine Amendment




Equal Protection Clause
Measure to institute more coordination between
legislature and executive
Consideration of women’s right to vote
All rejected by voters

Voters Accepted:
◦ Safety net for needy
◦ Access to Housing
◦ Transportation for
education
◦ Debt limit for NYC rapid
transit
◦ Equal protection clause
prohibiting
discrimination



United States Supreme Court case invalidated New
York’s system of legislative apportionment
Legislature called for Convention to address this
issue
Goals:
◦
◦
◦
◦
Improved representation
State education
Access to justice
Cost sharing




Commission created 1965
1967 Constitutional Convention Delegate’s
Occupations
◦ Not enough time to make
recommendations
Attorney (self-categorized)
88
Business
36
186 Delegates
Organized like the
legislature
14 committees
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




Repeal Blaine Amendment
Address legislative apportionment
Streamline NY’s court systems
Lower voting age to 18



Negative Press coverage
Lobbying
Packaging of bills as single ballot proposal

1977:
◦ Too soon for
another convention

1997:
◦ Commission created
in 1993
 Supported a
convention
◦ LWVNYS opposed
◦ Voters opposed
◦ Two ways to alter constitution
◦ Three separate votes
◦ The Convention process is unlimited in
scope of what could be changed
◦ Many have raised concerns about the
potential role of special interests
◦ Others argue this is a chance for
constructive change outside of the
legislative process