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A4074Assembly2017-2018 SessionSame asS820

Let Voters Propose Laws

Official title

“Provides for initiative”

Sponsor Brian BarnwellAD-30+1 co-sponsorAffects Legal
Status
In Assembly Committee
Judiciary
Impact
9/10
Transformational
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill proposes a constitutional amendment allowing New York voters to directly propose and approve laws or constitutional changes through a petition and statewide vote.

Why it matters

  1. Empowers voters to propose and pass laws or constitutional amendments directly. , bypassing the state legislature if they gather at least 25,000 signatures and the proposal has been previously introduced in a legislative session—potentially shifting political power toward grassroots movements and away from elected officials.

  2. Places significant checks and safeguards on the initiative process. , such as requiring that proposals address only a single subject, prohibiting measures that target or exempt specific regions based on their support or opposition, and disallowing bundled or alternative provisions—meant to prevent confusion, regional targeting, or hidden agendas in complex ballot measures.

  3. Restricts legislative interference with voter-approved initiatives. , as lawmakers could only amend or repeal such statutes if a new proposal is approved by voters—unless the original initiative specifically allows legislative changes—thereby making direct democracy decisions harder to overturn or dilute.

  4. Mandates official drafting and oversight for initiatives. , involving the attorney general to prepare a legislative-style bill before signatures are collected, and leaving it to the legislature to establish rules for petition circulation and ballot presentation—intended to ensure legal clarity and procedural integrity.

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Who cares

Headline styles

Let Voters Propose Laws

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Barnwell

Assembly Member · Assembly District 30

1 Co-sponsor

History

  1. Opinion referred to judiciary
  2. To attorney-general for opinion
  3. Referred to judiciary
  4. Opinion referred to judiciary
  5. To attorney-general for opinion
  6. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S820Senate

Let Voters Propose Laws

In Senate Committee · Judiciary · Sponsor Rich Funke

Impact 9 · Transformational0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4074

2017-2018 Regular Sessions

IN ASSEMBLY

February 1, 2017

Introduced by M. of A. BARNWELL -- read once and referred to the Committee on Judiciary

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 to the constitution, in relation to providing for initiative

Section 1. Resolved (if the Senate concur), That article 20 of the constitution be renumbered article 21 and a new article 20 be added to read as follows:

ARTICLE XX

INITIATIVE

Section 1. 1. The initiative is the power of the electors to propose statutes and amendments to the constitution and to adopt or reject them.

2. An initiative measure may be proposed by presenting to the secretary of state a petition that sets forth the text of the proposed statute or amendment to the constitution having statewide significance and is certified to have been signed by twenty-five thousand electors.

3. The proposed statute or amendment to the constitution shall have been previously introduced during a legislative session of the state.

4. The secretary of state shall then submit the measure at the next general election held at least one hundred thirty-one days after it qualifies or at any special statewide election held prior to that general election. The governor may call a special statewide election for the measure.

5. An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.

6. An initiative measure shall not include or exclude any political subdivision of the state from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision.

7. An initiative measure shall not contain alternative or cumulative provisions wherein one or more of those provisions would become law

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD89042-01-7

A. 4074 2

depending upon the casting of a specified percentage of votes for or against the measure.

§ 2. 1. An initiative statute approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise.

2. If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.

3. The legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval.

4. Prior to circulation of an initiative petition for signatures, a copy shall be submitted to the attorney general who shall prepare a legislative bill draft of the measure.

5. The legislature shall provide the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the electors.

§ 2. Resolved (if the Senate concur), That the foregoing amendment 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.