Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution

Section 6 of the concurrent resolution would renumber Article 20 of the Constitution Article 21 and provides for a new Article 20. The new Article 20 would reserve to New Yorkers the power to propose laws and amendments to the Constitution, and to adopt or reject laws independent of the Legislature. Initiative is the power of the electors to propose statutes and amendments to the Constitution and referendum is the power to approve or reject statutes or part of statutes. For an initiative or referendum measure to appear on a ballot, a petition setting forth the proposal must be filed with the State Board of Elections and be signed by electors at least equal in number to 5 percent of the votes cast for all candidates for governor at the last gubernatorial election. Such signatures must include at least 5,000 signatures from each of at least three-fifths of the State's congressional districts. The process for gathering signatures for a petition in support of an I&R proposal and for presenting the petition to the Board of Elections shall be conducted in substantial conformity with Election Law provisions governing independent petitions.

Prior to circulation of a petition for signatures, a copy of the initiative or referendum shall be submitted to the Attorney General who shall prepare a title and summary of the measure which shall not give any indication of support or opposition to such measure. The measure shall also be submitted to the Legislative Bill Drafting Commission for technical comments on the form of the measure. Any action or proceeding in which a question arises as to the validity of a measure or which challenges the title and summary of such measure shall be granted a preference in all courts.

To be enacted, an initiative or referendum measure must be approved by a majority of the electors voting on the measure statewide. A measure proposing or rejecting a statute that has been approved shall be effective on the first day of January of the year next succeeding its passage unless the measure expressly provides otherwise. A measure amending the Constitution must be approved by a majority of the electors voting on the measure statewide in two successive elections in which there are candidates for the State Senate and Assembly.

I&R shall be permitted for any measure except the following: (i) calling for elections; (ii) appropriating funds, except for a single object or purpose; (iii) naming any individuals to hold office; or (iv) granting any power or duty to any private entity or directing such entity to perform a function. An initiative measure embracing more than one subject is not permitted and a maximum of four discrete measures may be submitted at anyone general election.

The Legislature shall be prohibited from repealing or amending a measure adopted or rejected through I&R for a period of two years. After two years, any legislative proposal to amend or repeal an I&R measure shall be put to the voters at the next general election for approval or rejection.

This constitutional amendment will also reserve to the citizens of all cities, towns and counties the power of I&R. Signatures of electors of a municipality equal in number to at least 5 percent of the votes cast in such municipality for all candidates for governor at the last gubernatorial election will be required to propose any measure by I&R and an affirmative vote of the majority of electors voting on the measure will be required to be enacted. Petitions shall be submitted to the county board of elections which will resolve challenges to such petitions.

Section 7 would provide for submission of this constitutional amendment to the first regular session of the Legislature after the next succeeding general election of the member's of the Assembly.

Existing law

The People of the State do not currently have the constitutional right to enact laws, amend the constitution or repeal laws by initiative or referendum. Section 13 of Article 3 of the Constitution provides that no law shall be enacted except by bill. Section 14 of Article 3 of the Constitution provides that no bill shall become law except by the assent of a majority of the members elected to each branch of the Legislature. Section 1 of Article 19 of the Constitution provides that proposed amendments to the Constitution shall be effective if they are agreed to by a majority of the members of both branches of two successive Legislatures and subsequently approved by a majority of the electors voting thereon. Section 7 of Article 4 of the Constitution provides that every bill that passes the Legislature must be presented to the Governor for approval. Section 16 of Article 3 provides that no act shall be passed which provides that an existing law shall be deemed a part of the act, except by inserting the law into the act.

Amending the State Constitution to allow initiative and referendum will provide the citizens of New York the ability to enact laws which are specifically addressed to their concerns. This procedure is a reflection of the basic tenet of democracy which embodies government by the People, of the People and for the People. I&R is an integral mechanism for voters to exercise a direct and active role in enacting and defeating laws. The People of New York deserve a greater voice in government and citizenry. I&R will provide voters stronger representation and allow them to act when their elected representatives fail to do so.

Budget implications

None.

Effective date

Resolved (if the Assembly concur), That the foregoing amendments be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.