What's happening
This bill establishes new rules for electing, financing, and regulating delegates to a New York State constitutional convention, including public campaign funding, spending limits, lobbying disclosures, and financial reporting requirements.
Why it matters
Public campaign financing and spending limits are designed to level the playing field. for candidates seeking to become constitutional convention delegates, potentially increasing access for non-wealthy or outsider candidates and reducing the influence of large donors and special interests.
Enhanced transparency and disclosure requirements—including weekly lobbying contact logs and financial disclosure statements—aim to provide the public with detailed information about delegate interactions and campaign finances. , potentially deterring corruption and undue influence during the sensitive process of revising the state constitution.
Stricter penalties and robust state oversight mechanisms (including audits, civil penalties, and misdemeanor charges) are introduced. , signaling a strong intent to enforce compliance and accountability among delegates, candidates, and lobbyists involved in the constitutional convention process.
The bill’s provisions for correcting technical errors and “substantial compliance” in candidate petitions may reduce disqualifications on minor technicalities. , thus promoting broader participation and ensuring the delegate election process is more inclusive and less vulnerable to legal gamesmanship.
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Regulate Convention Delegate Elections
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History
- Referred to elections
- Referred to elections
Full text
14 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5609
2017-2018 Regular Sessions
IN SENATE
April 20, 2017
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, the legislative law, the public officers law and the state finance law, in relation to the nomination and election of delegates to a constitutional convention
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. The legislature hereby finds and declares that the power of the people of this state to call a constitutional convention to periodically reevaluate their social contract is one of the great democratic mechanisms in existence. It is important, however, to ensure that the people of this state are fully represented and have fair access to this important process.
§ 2. Subdivision 1 and the opening paragraph and paragraph (h) of subdivision 2 of section 6-136 of the election law, subdivision 1 as amended by chapter 200 of the laws of 1996, the opening paragraph of subdivision 2 as amended by chapter 659 of the laws of 1994 and paragraph (h) of subdivision 2 as amended by chapter 79 of the laws of 1992, are amended and three new subdivisions 2-a, 4 and 5 are added to read as follows:
1. Petitions for any office to be filled by the voters of the entire state, except the office of delegate-at-large to a convention to revise and amend the state constitution, must be signed by not less than fifteen thousand or five per centum, whichever is less, of the then enrolled voters of the party in the state (excluding voters in inactive status), of whom not less than one hundred or five per centum, whichever is less, of such enrolled voters shall reside in each of one-half of the congressional districts of the state. Petitions for the office of delegate-at-large to a convention to revise and amend the state constitution must be signed by not less than five thousand or two and one-half per centum, whichever is less, of such enrolled voters.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10941-01-7
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All other petitions, except petitions for the office of district delegate to a convention to revise and amend the state constitution, must be signed by not less than five per centum, as determined by the preceding enrollment, of the then enrolled voters of the party residing within the political unit in which the office or position is to be voted for (excluding voters in inactive status), provided, however, that for the following public offices the number of signatures need not exceed the following limits:
(h) For any office to be filled by all the voters of any state senatorial district, except the office of district delegate to a convention to revise and amend the state constitution, one thousand signatures;
2-a. Petitions for the office of district delegate to a convention to revise and amend the state constitution must be signed by not less than five hundred or two and one-half per centum, whichever is less, of the then enrolled voters of the party residing within the state senate district (excluding voters in inactive status).
4. If a petition of a candidate for the office of delegate to a convention to revise and amend the state constitution is rejected, such candidate shall be afforded seven business days to correct technical errors in filed petitions after the official filing of petition or, when the petition is the subject of a judicial challenge within seven business days after the commencement of the lawsuit.
5. The provisions of this section shall be liberally construed to avoid the disqualification of candidates to the maximum extent feasible, not inconsistent with substantial compliance therewith and the prevention of fraud. "Substantial compliance" within this section means actual compliance in respect to the substance essential to every reasonable objective of the statute. It means that a court should determine whether the statute has been followed sufficiently so as to carry out the intent for which it was adopted. Substantial compliance with a statute is not shown unless it is made to appear that the purpose of the statute is shown to have been served. What constitutes substantial compliance with a statute is a matter depending on the facts of each particular case.
§ 3. Section 7-104 of the election law is amended by adding two new subdivisions 9 and 10 to read as follows:
9. At a general election at which the names of candidates for delegate-at-large to a convention to revise and amend the state constitution appear on the ballot, each voter shall be entitled to vote for one candidate and the fifteen candidates statewide receiving the highest number of votes shall be elected to the office of delegate-at-large to such convention to revise and amend the state constitution.
10. At a general election at which the names of candidates for the office of district delegate to a convention to revise and amend the state constitution appear on the ballot of such district, each voter shall be entitled to vote for one candidate and the three candidates of such district receiving the highest number of votes shall be elected to the office of district delegates to such convention to revise and amend the state constitution.
§ 4. Subdivision 1 of section 14-114 of the election law is amended by adding a new paragraph b-1 to read as follows:
b-1. No contributor may make a contribution to any candidate or authorized committee of a candidate for an office or position subject to the provisions of this section who is also a candidate in the same election for the office of delegate-at-large or district delegate to a convention to revise and amend the state constitution, and no such
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candidate or authorized committee of a candidate for delegate-at-large or district delegate may accept any contribution from any contributor which is in the aggregate amount, greater than the larger amount which may be contributed to such a candidate for delegate-at-large or district delegate to a convention to revise and amend the state constitution or such other office or position subject to the provisions of this section.
§ 5. Sections 14-100 through 14-132 of article 14 of the election law are designated title 1 and a new title heading is added to read as follows:
GENERAL CAMPAIGN RECEIPTS AND EXPENDITURES
§ 6. Article 14 of the election law is amended by adding a new title 2 to read as follows:
TITLE II
STATE PUBLIC FINANCING
FOR THE ELECTION OF
DELEGATES TO A CONVENTION
TO REVISE AND AMEND THE STATE
CONSTITUTION Section 14-200. Definitions.
14-202. Eligibility.
14-204. Qualified campaign expenditures.
14-206. Optional public financing.
14-208. Contribution and receipt limitations.
14-210. Expenditure limitations.
14-212. Examinations and audits; repayments.
14-214. Penalties.
14-216. Civil penalties.
§ 14-200. Definitions. As used in this title, unless another meaning is clearly indicated:
1. The term "state board" shall mean the state board of elections.
2. The term "candidate" shall mean a candidate for nomination or election to the office of delegate-at-large to a convention to revise and amend the state constitution, or a candidate for nomination or election to the office of district delegate to a convention to revise and amend the state constitution.
3. The term "eligible candidate" shall mean a candidate who meets the requirements for eligibility in section 14-202 of this title.
4. The term "matchable contributions" shall mean that portion of the aggregate contributions made after the effective date of this title by natural persons resident in the state of New York to a candidate for nomination or election to any of the offices covered by the provisions of this title which do not exceed five hundred dollars, which have been reported in full by the candidate's authorized committee to the state board, including the contributor's full name and residential address and, with respect to contributions of more than one hundred dollars, the name and address of the contributor's employer. "Matchable contributions" shall be the net amount of any monetary contribution realized by a candidate or designated committee after deducting the reasonable value of any goods or services provided the contributor in connection with the contribution, except that contributions from any person who has received a payment or anything of value from such committee or from a person who is an officer, director or employee of, or a person who has a ten percent or greater ownership interest in any entity which has received such a payment or thing of value shall not be matchable. A loan may not
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be treated as a matchable contribution. For purposes of this subdivision, a "contributor" shall be deemed to include the spouse and unemancipated children of any individual contributor.
5. The term "qualified campaign expenditure" shall mean an expenditure for which public funds may be used.
6. The term "fund" shall mean the New York state delegate to the constitutional convention campaign finance fund established in section eighty-two of the state finance law.
7. The term "threshold for eligibility" shall mean the amount of total matchable contributions that the authorized committee of an otherwise eligible candidate for election must receive in order to qualify for optional public financing pursuant to this title.
§ 14-202. Eligibility. 1. To be eligible for optional public financing under this title, a candidate for nomination or election must:
(a) Meet all the requirements of this chapter and other provisions of law to have his or her name on the ballot;
(b) Be a candidate as defined in section 14-200 of this title at a primary or general election and meet the threshold for eligibility set forth in subdivision two of this section;
(c) Elect to participate in the public funding provisions of this title not later than seven days after the last day to file designating petitions for the office such candidate is seeking;
(d) Agree to obtain and furnish to the state board any evidence it may reasonably request relating to his or her campaign expenditures or contributions and furnish such other proof of compliance with this title as may be requested by the state board;
(e) Have a single authorized political committee which he or she certifies as the authorized committee for the purposes of this title;
(f) Agree to identify accurately in all campaign materials the person or entity that paid for such campaign material; and
(g) Agree not to make expenditures for his or her designation, nomination or election to more than one office or position or any combination thereof on the ballot in the same election in which he or she is a candidate for the office of delegate-at-large or district delegate to a convention to revise and amend the state constitution, which in the aggregate, for all such offices and positions sought at the election, exceed the expenditure limitations established by this title for an eligible candidate.
2. The threshold for eligibility for public funding for candidates in a primary or general election for the following offices shall be:
(a) A candidate for delegate-at-large to a convention to revise and amend the state constitution in a primary election or a candidate for delegate-at-large to a convention to revise and amend the state constitution in a general election. Not less than seventy-five thousand dollars in matchable contributions including at least five hundred such contributions of ten dollars or more or one-half of the expenditure limit, whichever is less.
(b) District delegate to a convention to revise and amend the state constitution in a primary or general election. Not less than seven thousand five hundred dollars in matchable contributions including at least twenty-five such contributions of ten dollars or more from residents of the district in which the seat is to be filled or one-half of the expenditure limit, whichever is less.
3. In order to be eligible to receive public funds in a primary election, a candidate must agree that in the event such candidate is a candidate for such office in the general election in such year, such
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candidate will be bound by the provisions of this title and section eighty-two of the state finance law, including, but not limited to, the receipt and expenditure limits of this title.
4. Candidates for district delegate who are contested in a primary election and who do not seek public funds shall not be eligible for public funds for the general election in that year.
5. Candidates who are unopposed in a general election shall not be eligible to receive public funds.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, the legislative law, the public officers law and the state finance law, in relation to the nomination and election of delegates to a constitutional convention
Purpose or general idea of bill
Reforms the constitutional conventions delegate selection process. Specifically the bill:
* Creates a public finance system for delegate elections, Reforms the delegate election process by substituting a system whereby each voter votes for one candidate instead of three, and
Read the full memo (1,748 words)
* Makes it easier for citizens to gain access to the delegate election ballot.
Summary of specific provisions
Section 1: Legislative findings.
§ 2. Amends 6-136 of the election law to require that petitions for the office of constitutional delegate-at-large be signed by not less than five thousand or 2.5%, whichever is less, of enrolled voters. It also requires petition for Senate district delegates to be signed by five hundred people or more or 2.5%, whichever is less, of the enrolled voters in the Senate district.
§ 2 also liberalizes the petition process. It allows petitioners to correct technical problems with their' petition and moreover, provides that petitions be in substantial compliance with the law.
§ 3. Amends section 7-104 of the election law specifying the delegate voting process. Specifically, each voter may vote for one person in his or her senate district. The top three vote getters from the district are elected delegates. For at-large delegates, the top three vote getters are elected to the convention.
§ 4. Amends section 14-114 of the election law to reform campaign finance. Specifically, restricts large centralized campaign contributions.
§ 5 and 6 establish the "State Public Financing for the Election of Delegates to a Convention to Revise and Amend the State Constitution"
Section 11 creates the fund.
SS 7-10 reforms the lobbying law to extend it to the constitutional convention.
Justification
One of the most important democratic provisions in our State Constitution is the constitutional convention. The question of whether there should be a constitutional convention is automatically placed on the general election ballot every twenty years. The question can also be placed on the ballot by law. In the course of history, conventions have been convened both ways.
However, to ensure the process by which different persons and groups are represented at the convention several key changes are necessary.
I. The Delegate Selection Process
The delegate selection process was added to the State Constitution in 1894. Under section 2, of Article XIX of the constitution voters elect three delegates from every Senate district and 15 at-large delegates. Currently there are 63 Senate districts. Thus, with the 15 at-large spots there are a total of 204 delegates.
A. Voting Rights Act Issue
Currently, Article XIX, section 2 is more than likely in violation of the Federal Voting Rights Act. The voting Rights Act prohibits any "voting qualification or prerequisite to voting or standard, practice, or procedure...which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color." 42 USC § 1973, § 2. See: 42 U.S.C. 1973. Specifically, § 1973 of the voting Rights Act states that members of a minority CrOLID should not "have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice." Id. It is important to note that there does not need to be the intent to dilute minority voting--if the mechanism in effect dilutes minority voting the process violates the Voting Rights Act (what the law calls the "totality of circumstances"). Id.(2)
A concern under the voting Rights Act is vote dilution - or electoral mechanisms aimed at reducing minority representation. Specifically, multi-member districts (where voters vote for multiple candidates, is highly suspect for it was historically used as a way for racial majorities to dominate the electoral process. See: Lani Guinier, "The Triumph of Tokenism," Michigan Law Review, 89, 1077, 1094. While the Supreme Court has not ruled that multi-members are always unconstitutional, data suggest that in New York, the delegate selection process would be. See: Fortson v. Dorsey, 397 U.S. 73 (1965) and Burns v. Richardson, 384 U.S. 73 (1966). Below illustrates that the current Senate delegate selection process dilutes minority voting. Recently, however, the Supreme Court has opined that multi-member district voting, "generally pose greater threats to minority voter participation in the political process than do single-member." It appears that the use of multi-member Assembly districts would be constitutional, but the use of multi-member Senate districts is not.
According to Professor Richard Briffaultrs analysis examining the 1997 convention call he observed that African Americans held 5 of the 61 Senate seats or 8.2% of the total, while African Americans held 21 of the 150 Assembly seats 14% of the total. The total population of African Americans in New York is about 16% so the use of Assembly districts would be more representative of the African American and other minority populations. Temporary State Commission on Constitutional Revision, qtd in Decision 1997: Constitutional Change in New York; Gerald Benjamin and Henrik Dullea, eds. page 411.
While using Assembly Districts or other similar methods may be the preferable method of delegate selection, it is much more difficult to accomplish. Such a change would require a constitutional amendment. However, other approaches exist that would create a more open and fair process without a constitutional change. One remedy would be to statutorily create a system of limited voting.
B. Semiproportional Voting - Limited Voting (Single-Member Districts)
Precedence shows that single-member districts are preferable, not only for ease and ability to statutorily change the process, but also because minority groups bringing action in courts often cite single-member districts as the appropriate remedy. See: Thornburg v. Gingles, 478 U.S. 30 (1986).
Other states (North Carolina, Alabama, Connecticut and Pennsylvania) have implemented limited voting for local elections with great success. See: Moore v. Beaufort, 936 F. 2d 159 (4th Cir. 1991) (approved settlement that included a multimember district with limited voting in North Carolina); Orloski v. Davis, 564 F. Supp. 526, 536 (M.D. Pa. 1983) (allowed limited voting in Pennsylvania judicial elections); LoFrisco v. Schaffer, 341 P. Supp. 743 (D. Conn. 1972) (upheld limited voting for Connecticut Board of Elections); and Kaelin v. Warden, 334 F. Supp. 602 (S.D. Pa. 1971) (upheld limited voting to elect County Commissioners in Pennsylvania) - Thus, limited voting under this bill would satisfy the Voting Rights Act and be more representative and empower minority communities.
Finally, limited voting in multimember districts has other benefits. First, limited voting is easier to understand and execute. Other systems, like Single Transferable Voting (where voters vote by listing their order of preference), may be even more representative, but such systems are highly confusing and, moreover difficult for local polling places to implement.
II. Ballot Access
It is well know that New York has draconian ballot access laws. Currently, the delegate election process would fall under the State election law for other statewide and Senate offices. See: Election Law, Article 6. First, the number of signatures required to get onto the ballot is unusually high. This is compounded by the fact that often people try to get two to three times the amount of signatures required to make sure they have enough valid signatures. Second, even the most microscopic mistake results in the entire petition being invalidated. Wrong colored paper; cover sheets and binding mistakes would void petitions. In 1994 the Temporary Commission on Constitutional Convention voiced similar concerns. The Commission stated:
There can be little dispute that the complex and sometimes technical construction and application of the election law favors those most familiar with it... some have expressed concern that it would be relatively more difficult for those who are not a part of an existing political party or organization to become candidates for convention delegates. This is not only a criticism of the election law but also an expression of the view that, regardless of the rules applicable to everyday political elections, there should be afforded to persons not normally involved in partisan politics a greater and more open opportunity to become involved in the special process of constitutional revision.
Temporary State Commission on Constitutional Revision, The New York State Constitution: A Briefing Book. Rockefeller Institute of Government (1994) at 49.
We remedy this very strict process by: providing a grace period, reducing the number of signatures, and change the legal standard from strict compliance to substantial compliance.
III. Campaign Finance Reform
Public financing of the delegate selection process is absolutely critical. Since greater access must be afforded to those that do not normally participate in politics, public financing is critical to provide average citizens the resources to participate.
Moreover, campaign reform is needed to level the playing field. The State Commission on Government Integrity and other groups have called for reforms in New York generally, especially trying to avoid a "government industry" dominance in the convention process. As the Temporary Commission on constitutional Revision stated that:
Democratic governmental processes should be inclusive, not exclusive. The Commission does believe that if a constitutional convention is held, its membership should represent the great diversity of New York...This includes not only our racial and ethnic diversity, but also the broad spectrum of education and experience and the range of vocational backgrounds present in New York.
Decision 1997: Constitutional Change in New York, Benjamin and Dullea, eds. Rockefeller Institute (1997) at 432.
Finally, and most importantly, this reform effort does not ban participation. While some call for prohibiting elected officials and others from participating, this bill does not take this approach. The approach creates the opportunity to allow a diverse cross-section of New Yorkers to participate. As the Commission concluded that "the way to achieve such a diverse convention...is not by banning legislators or others, but by altering the process of delegate selection to make it more likely that less politically experienced candidates can successfully compete in the process..." id.
Fiscal implications
None.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided, however, that the state commissioner of taxation and finance and the state comptroller may promulgate any rules, regulations and forms necessary for the implementation of section eighty-one of the state finance law, as added by section eleven of this act on or before the effective date of this act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.