People’s Convention to Reform New York Act

Frequently Asked Questions and Answers Regarding this Proposed Legislation

What is the main purpose of this legislation?

1. 1. If enacted, this legislation would provide the people with the opportunity to answer the question “shall there be a convention to revise the constitution and amend the same?” in the next general election (If the legislature acts in extraordinary session in 2009 to submit the question to the voters then the voters will vote on the question at the November 2009 general election. If the legislature does not vote to submit the question to the voters until the 2010 session then a vote on the question will take place at the November 2010 general election).

• Does this act propose to amend the current state Constitution?
  1. No, this legislation addresses only those issues that the current state Constitution leaves open so that this legislation can be acted upon by the Legislature this session. Of course, the act calls for a convention at which the delegates would propose amendments to the Constitution. Therefore, the question of further amendments to the constitutional convention process is left to the delegates to decide upon, along with substantive changes to the Constitution.

If this legislation is not enacted, when will the people be granted another opportunity to convene a convention to reform New York?

• The current state Constitution only requires that the question be placed on the ballot every 20 years. Therefore, the people will not be granted the choice to convene a convention until November 2017, unless the legislature chooses to submit the question to the voters beforehand.

When would delegates be selected?

1. 1. The current state Constitution provides that if a majority of the electorate decides in favor of a convention, the delegates are elected one year later at the next general election (If the voters decide in favor of a convention at the November 2009 election then the delegates will be elected at the general election in November of 2010. If the voters do not have the opportunity to vote on the question until 2010 then the delegates would not be elected until the November 2011 general election).

How would delegates be selected?

• Under this bill, the voters would choose in non-partisan elections three delegates from each of the 62 senatorial districts and 15 delegates statewide for a total of 201 delegates to the convention.

How would a candidate for delegate get his or her name on a primary ballot?

• Under this legislation, candidates for delegates would be required to obtain signatures from registered voters on non-partisan designating petitions.  All registered voters would be qualified to sign non-partisan designating petitions regardless of their party enrollment.

How many nominating signatures would be required for access to the primary ballot?

• Under this legislation, candidates for delegate of a senate district would be required to obtain 1,000 signatures from resident voters of the district.  Candidates for statewide delegate would be required to obtain 10,000 signatures from resident voters of the state, at least 100 voters from each of ten different congressional districts in the state.

How would a non-partisan primary work?

• Under this proposal, all registered voters of the senate district would be permitted to vote for three candidates for their district and 15 candidates for statewide delegate.  The nine candidates receiving the highest number of votes in each senate district and the 30 candidates receiving the highest number of votes as statewide delegates would be certified as nominated to run in the general election.

Would political parties and special interests influence the election of delegates?

• This legislation specifically calls for non-partisan election of all delegates and prohibits all delegates from accepting campaign contributions from party campaign committees or political action committees.

Would a candidate for delegate be permitted to accept individual contributions?

• Under this proposal, as is the case under current law, a candidate for delegate would be allowed to accept contributions from individuals subject to New York State Election Law limits.

Would state or local elected officials or officers, party officials or lobbyists be permitted to run as delegates?

• To ensure a people’s convention, this legislation provides that any state or local elected official or officer or party official elected and sworn in as delegate to the convention would be deemed to vacate his or her office and the process to fill the resulting vacancy with a successor could commence.  This would also ensure that the public remains represented at every level of government and that delegates would not be receiving two public salaries. Persons lobbying the convention would be prohibited from acting as delegates.

How would delegate vacancies be filled post-election?

• This is provided for in the current state Constitution so it is not changed by this legislation. If after the election there is a vacancy of a delegate by death, resignation or other cause, district delegate vacancies would be filled by a vote of the remaining delegates representing that district.  Statewide delegate vacancies would be filled by a vote of the remaining statewide delegates.

When and where would the convention convene?

• As required by the current state Constitution, the convention would convene in a facility in the Capitol on the first Tuesday of April immediately following the election of the delegates. If the delegates are selected in November of 2010 then the convention would convene in April of 2011. If the delegates are selected in November of 2011 then the convention would convene in April of 2012.

How long would the convention convene?

• The current state Constitution provides that the convention would continue session until its business is completed.   The convention in 1967 was 22 weeks long, from April 4^th to September 26^th.

How much would a convention cost?

• Estimates of convention costs range from $12-$15 million, including delegate and support staff salaries, travel and lodging expenses, facility costs and printing expenses (assuming the convention is approximately 22 weeks long).

What compensation would delegates receive?

• As provided in the current state Constitution, each delegate would receive compensation equivalent to the annual salary of a Member of the Assembly during that year.  A delegate would also be reimbursed for actual traveling expenses while the convention is in session to the extent that a Member of the Assembly would be entitled to during Session of the Assembly.

Does this legislation limit the subject matter to be addressed by the convention?

• This legislation suggests that the convention address critical matters such as adoption of a state spending cap and property tax cap, restrictions on unfunded mandates, banning backdoor borrowing, debt reform, public authorities reform, local government tax authority, a clear line of succession to the governorship and lieutenant governorship and elections to fill elected state office vacancies.  However, this legislation calls for a People’s Convention to Reform New York, and only the elected delegates themselves will have the authority to set the convention agenda.

What’s to prevent special interests from influencing the convention?

• This legislation specifically prohibits persons retained or hired to promote the defeat or adoption of an amendment from serving as delegates, requires persons retained or hired to promote the defeat or adoption of an amendment to register with the Secretary of State and sets penalties for any person who receives money contingent on adoption or defeat of any proposed constitutional amendment.

What constitutes a convention quorum?

• As provided in the current state Constitution, a majority of the delegates would constitute a quorum for the transaction of business and any proposed amendments to the Constitution must be approved by a majority of all delegates.

How are procedural rules established for the convention?

• As provided in the current state Constitution, the convention would determine the rules of its own proceedings.

Can the convention hire employees and make expenditures for operational costs?

• As provided in the current state Constitution, the convention would have the power to choose its own officers and appoint employees and assistants and fix compensation on their behalf.  In addition, the convention would have the power to provide for the printing of its documents, journal, proceedings and other expenses.

What happens to a proposed constitution or constitutional amendment adopted by the convention?

• As provided in the current state Constitution, any proposed constitution or constitutional amendment must be submitted to a vote of the electorate at the time and in the manner provided by the convention at an election held not less than six weeks after adjournment of the convention.

What is the effective date of a new constitution or constitutional amendment?

• As provided in the current state Constitution, if approved by the electorate, the constitution or amendments will go into effect on the first day of January immediately following such approval.

How long does the entire convention process take from beginning to end?

• As provided in the current state Constitution, two years from the question first appearing on the November general election to the vote on the new constitution or amendments (assuming the convention convenes in 22 weeks or less).