STATE OF NEW YORK
________________________________________________________________________
1262
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. KOLB, FINCH, SCHROEDER, TOBACCO, J. MILLER,
CONTE, AMEDORE, CORWIN, REILICH, BURLING, OAKS, SAYWARD, GIGLIO, MOLI-
NARO, DUPREY, P. LOPEZ, CALHOUN, HAWLEY, RAIA, CASTELLI, MURRAY --
Multi-Sponsored by -- M. of A. BARCLAY, BOYLE, BUTLER, CROUCH, JORDAN,
TEDISCO -- read once and referred to the Committee on Judiciary
AN ACT to amend the election law and the public officers law, in
relation to providing for the submission to the people of a proposi-
tion or question to convene a constitutional convention
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "People's Convention to Reform New York Act".
3 § 2. Legislative findings and declaration. The legislature hereby
4 finds that New York state has held nine constitutional conventions in
5 its history; the most recent of which was held in 1967, more than forty
6 years ago. The revised constitution proposed by that convention was
7 overwhelmingly defeated at the polls. The next most recent constitu-
8 tional convention was held in 1938 and the constitutional amendments
9 proposed by that convention were largely supported by the electorate.
10 Between the 1938 and 1967 conventions, the legislature amended the
11 constitution some 93 times. While amendments proposed by the legislature
12 must be ratified by the electorate, it is only at constitutional
13 conventions that ordinary citizens have the opportunity to reconsider
14 the fundamental structure of state government and to assess its effec-
15 tiveness in light of the current social, economic and political condi-
16 tions of the day. In providing for periodic constitutional conventions,
17 the framers of our current document acknowledged the need to have a
18 dynamic, living and breathing statement of how government should operate
19 and what limits or controls it should have on our individual pursuit of
20 life, liberty and happiness.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05219-01-1
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1 Much has changed in our state, our nation and the world in the forty
2 years since our last constitutional convention. The information age has
3 transformed the way the world communicates and does business and how
4 governments interact with their citizens. The world has effectively
5 grown much smaller, our populations are more mobile and we are truly
6 part of a global economy. To make our state and its communities attrac-
7 tive places to live, work and raise families, they must be able to
8 compete in this new environment. To ensure the long term fiscal stabili-
9 ty of our state and local governments and the affordability of such
10 governments for its citizens, provisions for constitutional caps on
11 state spending and local real property taxes must be addressed, the
12 requirement of a two-thirds vote for tax increase legislation and
13 restrictions on the state's ability to impose unfunded mandates on local
14 governments must be imposed, real debt reform and an absolute ban on
15 back door borrowing must become a reality. The convention must also
16 address the proper role of public authorities, particularly those that
17 operate public transit systems, to ensure that they are accountable to
18 the other branches of government and to the people they serve.
19 The constitutional provisions that have governed the workings of the
20 legislature and the succession to the governorship do not adequately
21 protect the interests of the people and our government institutions. The
22 ambiguity of those constitutional provisions and uncertainty over their
23 consistency with other law has contributed to a leadership crisis, poli-
24 tical turmoil, litigation and, most important, an inability to address
25 issues and processes that fundamentally impact our state's ability to
26 meet the needs of its citizens. The constitution needs to be clear and
27 unambiguous on these matters. Mechanisms need to be put in place so that
28 tie votes on leadership issues in the legislature do not paralyze state
29 government. Clear procedures on succession to the governorship are
30 necessary to ensure the orderly transition of power in times of crisis.
31 The voters of the state should have a role in the filling of a vacancy
32 in the offices of attorney general, comptroller or United States
33 senator. To ensure a truly dynamic legislature that is more likely to
34 change with our ever more rapidly changing economic, social and poli-
35 tical environment, we should limit the terms of our legislative leaders
36 and to ensure that the voices of the citizens of the state are not
37 drowned out by those of special interests, meaningful campaign finance
38 reform is necessary. Despite statutory changes, our budget process still
39 lacks meaningful participation by rank and file legislators and the
40 public. The members of a constitutional convention should make a clear
41 statement as to whether members of the legislature must actually live in
42 the districts from which they are elected. We must afford the public an
43 opportunity to decide whether processes available to citizens of other
44 states - recall and initiative and referendum are desirable in New York.
45 To ensure competitive elections and truly representative government,
46 non-partisan redistricting of legislative districts must be required.
47 Fundamental reform of governmental institutions and processes is now
48 required. The last two constitutional conventions were dominated by the
49 politically connected (two-thirds of the delegates to the 1938 conven-
50 tion and about 83% of the 1967 delegates were present or former elected
51 or party officials). To ensure the success of this constitutional
52 convention and future conventions, we must limit the participation of
53 elected and party officials so that the conventions can be "People's
54 Conventions" and so the voices of all New Yorkers, not just those of
55 special interests, can be heard.
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1 The legislature further finds and declares, in furtherance of estab-
2 lishing a meaningful convention process, that:
3 (a) delegates to the convention should be involved and concerned citi-
4 zens and not elected officials, lobbyists, or party chairmen;
5 (b) prior to the convening of the convention, and solely as an aid to
6 delegates, there should be appointed a preparatory commission with
7 adequate time to study the issues, establish a proposed initial agenda
8 and procedures, and prepare position papers, with ongoing information to
9 and participation of the public;
10 (c) insofar as possible, procedures should be established in both the
11 selection of delegates and in the running of the convention that will
12 reduce partisanship; and
13 (d) reasonable time limits should be placed on the length of the
14 convention and its costs, so as to assure that the operations of the
15 convention are not a burden on taxpayers, and that the convention may
16 enjoy maximum citizen participation.
17 Calling a constitutional convention subject to section 2 of article
18 XIX of the New York state constitution for the consideration of the
19 issues outlined above and all other issues that the delegates may deem
20 appropriate and in need of address to achieve the enumerated structural
21 and procedural reforms of government and its institutions is required.
22 To that end, and consistent with the statutory reforms of the delegate
23 selection process now being considered, we hereby find and declare that
24 the creation of a state government able to effectively exercise the
25 power and responsibilities given to it by a sovereign and free people
26 should be convened by a vote by that same people.
27 § 3. Pursuant to the provisions of section 2 of article XIX of the New
28 York state constitution, the question "Shall there be a convention to
29 revise the constitution and amend the same?" shall be submitted to and
30 decided by the people of the state at the general election to be held in
31 the next succeeding November after the effective date of this act.
32 § 4. If the question stated in section three of this act is answered
33 in the affirmative by a majority of all votes cast for and against it,
34 deciding in favor of a convention for such purpose, the procedures and
35 provisions of section 2 of article XIX of the New York state constitu-
36 tion shall apply and be implemented.
37 § 5. Section 1-104 of the election law is amended by adding a new
38 subdivision 38 to read as follows:
39 38. The term "nonpartisan election" means a primary, general or
40 special election in which candidates shall run without party label, and
41 political parties are prohibited from designating or nominating candi-
42 dates.
43 § 6. The election law is amended by adding a new section 2-128 to read
44 as follows:
45 § 2-128. Election of party committee officers as delegates to state
46 constitutional convention. Notwithstanding any other provision of law,
47 in the event that a person serving as chairman, secretary, or treasurer
48 of a state or county committee of a political party is elected to and
49 sworn as a delegate to a state constitutional convention, such person
50 shall be deemed to have resigned from his or her political party posi-
51 tion and the provisions of this article for the filling of vacancies in
52 such position shall apply.
53 § 7. The election law is amended by adding a new section 6-125 to read
54 as follows:
55 § 6-125. Nonpartisan elections of delegates to a constitutional
56 convention. 1. Notwithstanding any other provision of law, all primary
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1 elections and general elections for delegates to a constitutional
2 convention pursuant to article XIX of the New York state constitution
3 shall be conducted as nonpartisan elections.
4 2. Designations for nomination at a nonpartisan primary for delegates
5 to a constitutional convention shall be made in the same manner as
6 currently provided for independent designating petitions. All enrolled
7 voters shall be qualified to sign nonpartisan designating petitions.
8 3. Notwithstanding the provisions of section 6-136 of this article or
9 any other provision of law, all petitions for the designation for nomi-
10 nation of a constitutional convention delegate from a senate district
11 must be signed by not less than one thousand enrolled voters of such
12 senate district and all petitions for the designation for nomination of
13 a statewide, at-large constitutional convention delegate must be signed
14 by not less than ten thousand enrolled voters of the state, of whom not
15 less than one hundred must reside in each of ten of the congressional
16 districts of the state.
17 4. The form of the designating petition used to make a designation in
18 a nonpartisan primary shall be substantially in the form prescribed in
19 section 6-132 of this article, except that no reference shall be made to
20 any political party therein.
21 5. Unless otherwise provided in this section, the sections of law
22 applicable to designating petitions for nonpartisan primary elections
23 shall be those prescribed by this article.
24 6. All registered voters, regardless of party affiliation or lack
25 thereof, shall be permitted to vote in the nonpartisan primary election
26 for the nomination of candidates for the office of delegate to the
27 constitutional convention. Suitable provisions must be made so that each
28 elector may vote for up to three of any senate district constitutional
29 convention delegate candidates and up to fifteen of any statewide,
30 at-large constitutional convention delegate candidates.
31 7. Upon the canvass of votes in a nonpartisan primary the nine consti-
32 tutional convention delegate candidates receiving the highest number of
33 votes in each senate district and the thirty candidates receiving the
34 highest number of votes as statewide, at-large constitutional convention
35 delegates shall be certified as nominated and shall run in the general
36 election held subsequent to the primary without party identification.
37 8. No candidate for delegate to a constitutional convention shall in
38 any way use or allow himself or herself to be associated with a party
39 label in either the primary or general election.
40 9. Once a person announces his or her intention to be a candidate for
41 election to the position of delegate to the constitutional convention
42 and until such time as that person is no longer a candidate or until his
43 or her service as a delegate ends, whichever occurs later, such candi-
44 date for delegate to a constitutional convention shall not (a) partic-
45 ipate in any partisan political party activities, except that such
46 candidate may register to vote as a member of any political party and
47 may vote in any party primary for candidates for nomination of the party
48 in which he or she is registered to vote; (b) campaign or publicly
49 represent or advertise himself or herself as a member of any political
50 party; (c) endorse any candidate or political party; (d) accept the
51 endorsement of any political party; or (e) solicit or accept contrib-
52 utions from any political party committee, political action committee or
53 political committee pursuant to subdivision eleven of section 14-114 of
54 this chapter.
55 10. Within one hundred eighty days of the effective date of this
56 section, the state board of elections shall promulgate rules and regu-
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1 lations consistent with this section to effectuate the purposes and
2 policies hereof.
3 § 8. Section 14-100 of the election law is amended by adding a new
4 subdivision 12 to read as follows:
5 12. "political action committee" means any committee established,
6 financed, maintained or controlled by any person, group or entity for
7 the purpose of supporting candidates for elected political office and/or
8 other political party or political committees by making contributions to
9 such candidates and/or their political campaign committees or by making
10 contributions to other political party or other political committees,
11 and does not make direct expenditures on behalf of candidates.
12 § 9. Section 14-114 of the election law is amended by adding a new
13 subdivision 11 to read as follows:
14 11. No political party committee, political action committee or poli-
15 tical committee shall contribute to any candidate for delegate to a
16 constitutional convention for either the primary or general election.
17 Nor shall any candidate for delegate to a constitutional convention
18 solicit or accept contributions from any political party committee,
19 political action committee or political committee for either the primary
20 or general election.
21 § 10. The election law is amended by adding a new article 18 to read
22 as follows:
23 ARTICLE 18
24 REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
25 OR OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL
26 AMENDMENTS BY A CONSTITUTIONAL
27 CONVENTION
28 Section 18-100. Registration and reports by certain persons promoting
29 or opposing the adoption of proposed constitutional amendments by a
30 constitutional convention.
31 § 18-100. Registration and reports by certain persons promoting or
32 opposing the adoption of proposed constitutional amendments by a consti-
33 tutional convention. 1. Every person retained or employed for compen-
34 sation by any person, firm, corporation or association who, on behalf of
35 such principal or employer, promotes or opposes directly or indirectly
36 the adoption of a proposed constitutional amendment or amendments by a
37 constitutional convention, whether or not he or she has a personal
38 interest therein, shall, before any service is entered upon in promoting
39 or opposing such proposed constitutional amendment or amendments, file
40 in the office of the secretary of state a writing subscribed by such
41 person stating the name or names of the person or persons, firm or
42 firms, corporation or corporations, association or associations, by whom
43 or on whose behalf he or she is retained or employed, together with a
44 brief description of the proposed constitutional amendment or amendments
45 in reference to which such service is to be rendered.
46 2. It shall be the duty of the secretary of state to provide a docket
47 to be known as the docket of constitutional convention appearances, with
48 appropriate blanks and indices, and to forthwith enter therein the names
49 of the persons so retained or employed and of the persons, firms, corpo-
50 rations or associations retaining or employing them, together with a
51 brief description of the proposed constitutional amendment or amendments
52 in reference to which the service is to be rendered, which docket shall
53 be open to public inspection.
54 3. Upon the termination of such retainer or employment the fact of
55 such termination, with the date thereof, shall be entered in the docket
56 by the secretary of state upon receiving written notice to that effect
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1 from such person or from the person, firm, corporation or association in
2 whose behalf such service has been rendered.
3 4. No person retained or employed to promote or oppose, directly or
4 indirectly, the adoption of a proposed constitutional amendment or
5 amendments by a constitutional convention shall be eligible to serve as
6 a delegate to such constitutional convention.
7 5. No person, firm, corporation or association shall retain or employ
8 any person to promote or oppose any proposed constitutional amendment or
9 amendments for compensation contingent in whole or in part upon the
10 adoption or defeat of any such amendment or amendments by the constitu-
11 tional convention, and no person shall accept any such employment or
12 render any such service for compensation contingent upon such adoption
13 or defeat.
14 6. No person shall for compensation engage in promoting or opposing
15 any proposed constitutional amendment or amendments by such constitu-
16 tional convention except upon appearance entered in accordance with the
17 foregoing provisions of this section.
18 7. It shall be the duty of every person, firm, corporation, public or
19 private, or association, (whether or not required to file pursuant to
20 the provisions of subdivision one of this section), not later than April
21 fifteenth, in any year in which a constitutional convention is convened
22 and in which a proposed constitutional amendment or amendments by a
23 constitutional convention is put to the voters, to file in the office of
24 the secretary of state an itemized statement verified by the oath of
25 such person, or in case of a firm by the oath of a member thereof, or in
26 case of a domestic corporation or association by the oath of an officer
27 thereof, or in case of a foreign corporation or association by the oath
28 of an officer or agent thereof, showing in detail all expenses paid,
29 incurred or promised directly or indirectly in each year through the
30 conclusion of the year in which any proposed constitutional amendment or
31 amendments by a constitutional convention have been put to the voters,
32 in connection with promoting or opposing any constitutional amendment or
33 amendments which may be proposed at such constitutional convention, with
34 the names of the payees and the amount paid to each, including all
35 disbursements paid, incurred or promised to persons employed or
36 retained, and also specifying the nature of such constitutional amend-
37 ment or amendments, and the interest therein of such person, firm,
38 corporation or association; provided, however, no such itemized state-
39 ment need be filed if the total of such itemized expenses is less than
40 two hundred fifty dollars.
41 8. The provisions of this section shall not apply to the state nor
42 shall subdivisions one, five and nine of this section apply to a county,
43 city, town, village, public board or institution, or their agents or
44 employees; nor shall the provisions of this section be construed as
45 affecting professional services in drafting a proposed constitutional
46 amendment or amendments or in advising clients or in rendering opinions
47 as to the construction and effect of any constitutional amendment or
48 amendments which may be proposed at such convention where such profes-
49 sional service is not otherwise connected with constitutional convention
50 action.
51 9. On or before April twenty-fourth in any year in which a constitu-
52 tional convention is convened, the secretary of state shall furnish to
53 each delegate to such convention a summary of the information contained
54 in the docket of constitutional convention appearances, and on or before
55 such date shall also transmit to the president of such constitutional
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1 convention a copy of every statement filed in his or her office up to
2 and including such date pursuant to subdivision six of this section.
3 10. Every person, every member of any firm, and every association or
4 corporation violating any provision of this section and every person
5 causing or participating in a violation thereof shall be guilty of a
6 misdemeanor and, in case of an individual, shall be punishable by impri-
7 sonment in a penitentiary or county jail for not more than one year or
8 by a fine of not more than one thousand dollars or by both, and, in case
9 of an association or corporation, by a fine of not more than one thou-
10 sand dollars. In addition to the penalties hereinbefore imposed any
11 corporation or association failing to file the statement of expenses
12 prescribed by this section shall forfeit to the people of the state of
13 New York the sum of one hundred dollars per day for each day following
14 the expiration of thirty days after the time fixed by subdivision six of
15 this section for filing such statement, to be recovered in an action to
16 be brought by the attorney general.
17 § 11. Section 30 of the public officers law is amended by adding a new
18 subdivision 1-a to read as follows:
19 1-a. Whenever any state or local officer, as those terms are defined
20 in section two of this chapter, is elected and sworn as a delegate to a
21 state constitutional convention, such official will be deemed to have
22 vacated his or her state or local office and the said office will be
23 deemed vacant for purposes of the nomination and appointment of a
24 successor.
25 § 12. No later than 180 days prior to the convening of the constitu-
26 tional convention, and solely as an aid to delegates, there shall be
27 appointed a constitutional convention preparatory commission whose
28 purpose shall be to study the issues, establish a proposed initial agen-
29 da and procedures, and prepare position papers, with ongoing information
30 to and participation of the public. Members of the commission shall be
31 appointed as follows: two each by the governor, the majority leader of
32 the senate and the speaker of the assembly, and one each by the minority
33 leader of the senate and the minority leader of the assembly. The
34 members shall elect a chair.
35 § 13. Severability. If any provision of this act, or the application
36 thereof to any person or circumstance, shall be adjudged by any court of
37 competent jurisdiction to be invalid or unconstitutional, such judgment
38 shall not affect, impair or invalidate the remainder thereof, but shall
39 be confined in its operation to the provision of this act, or in its
40 application to the person or circumstance, directly involved in the
41 controversy in which such judgment shall have been rendered.
42 § 14. This act shall take effect immediately; provided that the
43 provisions of section four of this act shall not take effect unless and
44 until the question proposed in section three of this act shall have been
45 submitted to the people at the general election to be held in the next
46 succeeding November after the effective date of this act, and shall have
47 received a majority of all votes cast for and against it at such
48 election. Upon approval by the people, section four of this act shall
49 take effect immediately. The ballots to be furnished for the use of the
50 voters upon the submission of section three of this act shall be in the
51 form prescribed by the election law, and the proposition or question to
52 be submitted shall be printed in the following form: "Shall there be a
53 convention to revise the constitution and amend the same?"
