NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)

BILL NUMBER: A9157

SPONSOR: Kolb (MS)

TITLE OF BILL: An act to amend the election law and the public offi-
cers law, in relation to providing for the submission to the people of a
proposition or question to convene a constitutional convention

PURPOSE: This bill would place on the ballot of the next general
election the question, “Shall there be a convention to revise the
constitution and amend the same?”; amend the election law to provide for
nonpartisan elections of delegates to constitutional conventions;
restrict contributions to campaigns of constitutional delegates and
require registration and reporting of those promoting or opposing the
adoption of proposed constitutional amendments; amend the public offi-
cers law to provide that state and local officers sworn as constitu-
tional delegates shall vacate their public office; and to provide for a
constitutional convention preparatory commission.

SUMMARY OF PROVISIONS: Section 1: recites the short title of this act,
“The People’s Convention to Reform New York Act”.

§2. Sets forth the legislative findings and declarations.

§3. Requires that the question, “Shall there be a convention to revise
the constitution and amend the same” be placed on the next general
election ballot as allowed under Article XIX, section 2 of the State
Constitution.

§4: Provides that procedures and provisions of Article XIX, section 2 of
the state Constitution shall apply.

§5: Defines the term “nonpartisan election”.

§6: Adds a new section 2-128 to Article 2 of the election law to provide
that certain state and county political party officers shall vacate
their party office if elected and sworn as a delegate to the constitu-
tional convention.

§7: Adds a new section 6-125 to Article 6 of the election law to provide
the process and procedures for conducting nonpartisan elections of
delegates to the state constitutional convention.

§8: Adds a new subdivision 1 to section 14-100 of the election law
defining the term “political action committee”.

§9: Adds a new subdivision to section 14-114 to the election law prohib-
iting campaign contributions or transfers from political party commit-
tees, political committees or political action committees to candidates
for delegate to the state constitutional convention or any such candi-
dates’ campaign committees.

§9: Adds a new article 18 to the election law to require registration
and reporting by persons promoting or opposing the adoption of proposed
constitutional amendments by a constitutional convention.

§10: Adds a new subdivision 1-a to Section 30 of the Public Officers Law
to provide that any state or local officer elected and sworn as a dele-
gate to a state constitutional convention shall be deemed to have
vacated his or her state or local office.
§11: Establishes a constitutional convention preparatory commission to
prepare for a proposed agenda, position papers and other information in
advance of the constitutional convention.

§12: Severability clause.

§13: Provides that the act shall take effect immediately, except that
section 4 shall not take effect unless the question proposed in section
3 shall have been submitted to the voters at a general election and
shall have received a majority of the votes cast.

JUSTIFICATION: New York’s Constitution is a fundamental document that
performs three vital roles. It organizes the government, establishes
fundamental rights and liberties of the people and articulates the basic
values and principal concerns of the people that they wish their govern-
ment to address. Our state Constitution recognizes that periodic review
is necessary to keep the document current as law and society change.
Such reviews correct deficiencies and strengthen the governing process.
The most recent crises in state government underscore this point. Some
claim the current Constitution does not adequately address the issue of
gubernatorial succession, especially in the instance where there is a
vacancy in the office of Lieutenant Governor. This apparent lack of
clarity has led to litigation and has caused a distraction that has
contributed to the failure to address critical issues facing our state.
Similarly, the recent Senate deadlock paralyzed that body for more than
a month as there was no mechanism in place to break tie votes.

Whether as a result of the most recent crises in state government or as
a result of a more institutionalized problem, our state government has
failed to adequately address a number of issues that the people of this
state would like to see addressed: a constitutional state spending cap,
local government real property tax caps, state debt reform, public
authority reform and accountability, reform of the state budget process,
nonpartisan redistricting of legislative districts, campaign finance
reform, recall of elected officials, and an initiative and referendum
process.

These principal concerns of the people of the state are best addressed
by those people at a “People’s Convention” where they can evaluate the
current constitution and reform or revise it, as necessary, to meet the
needs of the current generation of New Yorkers. To ensure that the
convention addresses the views of all New Yorkers, we need to insure
participation of as broad a spectrum of the state’s citizens as possi-
ble. Such as process will result in a fair, efficient and modern repre-
sentative document. The constitutional conventions of 1938 and 1967 were
criticized as being dominated by elected and political party officials.
In crafting our state’s core legal document, delegates should put aside
partisan political views. In order to focus the election of delegates
on their positions on the critical issues of the day, rather than their
political party affiliation, and in order to give all New Yorkers, not
just the politically connected, a real chance to voice their views as
delegates, we must have nonpartisan elections for constitutional conven-
tion delegates.

Also, in recognition of the need to insulate delegate candidates from
the appearance of conflict or impropriety, contributions from political,
political party, and political actions committees is prohibited.

In order to provide a mechanism to narrow the field of candidates
appearing on the general election ballot, the nonpartisan primary
elections are structured to work as a run-off elections. The nine candi-
dates receiving the highest number of votes in each Senate district
shall advance to the general election. At the general election the three
candidates receiving the greatest number of votes in each senate
district shall be elected delegates to the convention. For statewide,
at-large delegates, the 30 candidates receiving the greatest number of
votes in the nonpartisan primary election shall advance to the general
election. The fifteen candidates receiving the greatest number of votes
in the general election shall be elected statewide, at-large delegates
to the convention.

By law, elected political party officials occupy quasi-public positions.
Those officials have a duty to serve their party organizations to the
best of their abilities and to advance their individual party’s beliefs,
principles, and platform – perhaps, at the risk of removal for disloyal-
ty for failing to do so. Recognizing the likely potential for conflict
between the position of elected political party officer and state
constitutional convention delegate, but not wanting to exclude any
interested citizen from serving as a delegate, this bill permits the
individual to seek election as a delegate, refraining from partisan
political activity only during such election and term and constructively
vacating his or her elected political party position only when such
conflict becomes readily apparent, upon election as a delegate.

Similarly, this bill permits state and local officers to seek election
as delegates. In recognition of the potential for conflict between the
state or local officer’s position and that of delegate and, in further
recognition that of the time commitment necessary to serve as a delegate
and the public compensation provided therefore, this bill provides that
the state or local officer elected as a delegate to the convention would
vacate his state or local office upon being sworn to the public office
of delegate to the constitutional convention. The bill requires that
persons interested in lobbying the convention register and report their
activities and that such persons would then, as a result of their obvi-
ous conflict, be disqualified from serving as convention delegates.

The bill further provides for a constitutional convention preparatory
commission. The work of the delegates will be great and the time to
consider the many complex issues facing the state, relatively short. In
order to permit the delegates to make the best use of their time, a
preparatory commission can do advance research and writing on the issues
the convention will likely address.

Nine conventions have taken place over the course of the State’s histo-
ry. Out of those conventions have come profound and expanded rights for
all New Yorkers. The first convention convened in White Plains in 1777.
At this convention the first State Constitution was drafted. Other
conventions have produced significant expansion of rights and reforma-
tion of governments. For example, the Bill of Rights and the Governor’s
veto power were added. to the Constitution at the convention of 1821.
The convention of 1846, the extension of the franchise and the transfer
of many appointive offices to elective ones was added to the Constitu-
tion. At the convention of 1894, a provision that required legislation
to ‘age for at least three days prior to being put to a vote was rati-
fied and the Blaine amendment (prohibiting State funding to parochial
schools) was approved. The last convention was held in 1967 and the
proposed new Constitution was subsequently defeated. In 1997 the voters
decided not to hold a convention. As we have witnessed, much in our
state, our nation and the world has changed since then.

LEGISLATIVE HISTORY: None, new bill.

FISCAL IMPLICATIONS: It is estimated that the election of delegates
and the holding of the convention could cost the state approximately $12
to $15 million.

EFFECTIVE DATE: This act shall take effect immediately; provided that
the provisions of section four of this act shall not take effect unless
and until the question proposed in section three of this act shall have
been submitted to the people at the general election to be held in the
next succeeding November after the effective date of this act, and shall
have received a majority of all votes cast for and against it at such
election. Upon approval by the people section four of this act shall
take effect immediately. The ballots to be furnished for the use of the
voters upon the submission of section one of this act shall be in the
form prescribed by the election law, and the proposition or question to
be submitted shall be printed in the following form:
“Shall there be a convention to revise the constitution and amend the
same?”