Provides for the submission to the people of a proposition or question to convene a constitutional convention

Section 2: Sets forth the legislative findings and declarations.

Section 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.

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

Section 5: Defines the term "nonpartisan election".

Section 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 constitutional convention.

Section 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.

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

Section 9: Adds a new subdivision to section 14-114 to the election law prohibiting campaign contributions or transfers from political party committees, political committees or political action committees to candidates for delegate to the state constitutional convention or any such candidates' campaign committees.

Section 10: 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.

Section 11: 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 delegate to a state constitutional convention shall be deemed to have vacated his or her state or local office.

Section 12: Establishes a constitutional convention preparatory commission to prepare for a proposed agenda, position papers and other information in advance of the constitutional convention. Section 13: Severability clause.

Section 14: 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 government 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 possible. Such a process will result in a fair, efficient and modern representative 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 convention 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 candidates 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 disloyalty 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 therefor, 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 obvious 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, 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 history. 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 reformation 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 Constitution. 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 ratified 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

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?"