What's happening
This bill proposes a constitutional amendment to restrict who can be elected as a delegate to a New York constitutional convention.
Why it matters
Limits influence of political insiders and public officials. By barring political party chairs, elected officials, gubernatorial appointees, and registered lobbyists from serving as convention delegates, the amendment aims to reduce the risk of self-dealing and ensure the process is more independent from established political power structures.
Restricts delegates from organizations with public funding. The ban extends to officers of most organizations, associations, or corporations that receive public funding (except for 501(c)(3) nonprofits), which could limit the potential for special interest influence in constitutional revisions.
Makes exceptions for education and military personnel. The amendment explicitly allows individuals employed by higher education institutions or the military to serve as delegates even if their roles would otherwise fall under the new restrictions, recognizing the value of their expertise and public service.
Could impact diversity and representation. While intended to minimize conflicts of interest, these restrictions might also narrow the pool of potential delegates, potentially excluding experienced public servants or leaders of community organizations who might otherwise contribute valuable perspectives to the convention.
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Who cares
Headline styles
Bar Insiders as Delegates
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2014
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 19 of the constitution, in relation to the election of delegates
Section 1. Resolved (if the Assembly concur), That section 2 of article 19 of the constitution be amended to read as follows:
§ 2. At the general election to be held in the year nineteen hundred fifty-seven, and every twentieth year thereafter, and also at such times as the legislature may by law provide, the question "Shall there be a convention to revise the constitution and amend the same?" shall be submitted to and decided by the electors of the state; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the state, as then organized, shall elect three delegates at the next ensuing general election, and the electors of the state voting at the same election shall elect fifteen delegates-at-large. No person acting as a political party chairperson, an elected public officer, a person appointed by the governor, an individual who is subject to the lobbying rules established by the commission on public integrity, any person who is required to file an annual statement of financial disclosure with the legislative ethics commission or any other person who is an officer of an organization, association or corporation, other than an entity designated as tax exempt under section 501(c)(3) of the United States internal revenue code, that receives public funding shall be elected as a delegate. None of the aforementioned exclusions apply to individuals based on their employment at a higher education institution or the military. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his or her services the same compensation as shall then be annually payable to the members of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89072-01-9
S. 2014 2
assembly and be reimbursed for actual traveling expenses, while the convention is in session, to the extent that a member of the assembly would then be entitled thereto in the case of a session of the legislature. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the ayes and noes being entered on the journal to be kept. The convention shall have the power to appoint such officers, employees and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal, proceedings and other expenses of said convention. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-atlarge. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval.
§ 2. Resolved (if the Assembly 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.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 2 of article 19 of the constitution, in relation to the election of delegates
Purpose
The purpose of this legislation is to encourage ordinary citizens to participate in a constitutional convention and to prohibit certain people closely affiliated with political parties from becoming deleg- ates.
Summary of provisions
Section 1 of the bill amends section 2 of article 19 of the constitution to prohibit various classes of persons from being elected as a delegate at a constitutional convention. The prohibition would apply to: any person acting as a political party chairperson, an elected public offi- cer, any person appointed by the Governor, any person subject to the rules of the commission on public integrity, any person who is required to file an annual statement of financial disclosure with the legislative ethics commission, or any other person who is an officer of an organiza- tion, association, or corporation, (other than a 501(c)(3) tax-exempt organization), that receives public funding.
Section 2 of the bill sets forth the effective date.
Justification
Conventions should be attended and controlled by delegates who are elected on a nonpartisan basis without strong ties to any particular political or governmental institution. Enacting this legislation would open up the process of reforming the State constitution beyond political Party insiders, who do not always embrace reforms that are overdue. This bill prevents political persons from taking over the Convention agenda and process.
Legislative history
2017-18 - S. 1227 - Judiciary Committee. 2016 - S. 6487/A. 5881 - Judiciary Committee.
Fiscal implications
None.
Effective date
Effective upon passage by two separately elected Legislatures and approval by the voters after such passage.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.