What's happening
This bill proposes a constitutional amendment to establish a process for voter initiatives and referendums in New York, allowing citizens to propose, approve, or reject laws and constitutional amendments independently from the legislature.
Why it matters
Empowers citizens to bypass the legislature. By allowing direct voter initiatives and referendums, this amendment gives New Yorkers a new, powerful tool to shape laws and constitutional amendments, potentially enabling action on issues the legislature is slow or unwilling to address.
Establishes rigorous signature and procedural requirements. To put an initiative or referendum on the ballot, proponents must gather signatures equal to at least 5% of votes cast in the last governor’s race, with geographic distribution requirements, ensuring that proposals have broad statewide support rather than being driven by one region or interest group.
Limits legislative interference and guarantees voter primacy. Once passed by voters, initiatives and referendums generally cannot be altered or repealed by the legislature for at least two years, and even after that, legislative changes must also be approved by voters, safeguarding the will of the people against political reversal.
Extends direct democracy to local governments. The amendment empowers cities, towns, villages, and counties to use initiatives and referendums on local matters, potentially increasing civic engagement and allowing localities to address unique concerns outside of state legislative processes.
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Let Voters Make Laws
Plain English, a few words. Used as the page title.
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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
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
70
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to the constitution, in relation to providing the electors with the power of initiative and referendum
Section 1. Resolved (if the Assembly concur), That section 13 of article 3 of the constitution be amended to read as follows:
§ 13. The enacting clause of all bills shall be "The People of the State of New York, represented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill; except as otherwise provided in article twenty of this constitution.
§ 2. Resolved (if the Assembly concur), That the opening paragraph of section 14 of article 3 of the constitution be amended to read as follows:
a. No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the governor, or the acting governor, shall have certified, under his or her hand and the seal of the state, the facts which in his or her opinion necessitate an immediate vote thereon, in which case it must nevertheless be upon the desks of the members in final form, not necessarily printed, before its final passage; nor shall any bill be passed or become a law, except by the assent of a majority of the members elected to each branch of the legislature; and upon the last reading of a bill, no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter, and the ayes and nays entered on the journal.
b. This section shall not apply to any initiative or referendum that is subject to the provisions of article twenty of this constitution.
§ 3. Resolved (if the Assembly concur), That section 1 of article 19 of the constitution be amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89053-01-9
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Section 1. a. Any amendment or amendments to this constitution may be proposed in the senate and assembly whereupon such amendment or amendments shall be referred to the attorney-general whose duty it shall be within twenty days thereafter to render an opinion in writing to the senate and assembly as to the effect of such amendment or amendments upon other provisions of the constitution. Upon receiving such opinion, if the amendment or amendments as proposed or as amended shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the ayes and noes taken thereon, and referred to the next regular legislative session convening after the succeeding general election of members of the assembly, and shall be published for three months previous to the time of making such choice; and if in such legislative session, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution on the first day of January next after such approval. Neither the failure of the attorney-general to render an opinion concerning such a proposed amendment nor his or her failure to do so timely shall affect [th] the validity of such proposed amendment or legislative action thereon.
b. This section shall not apply to an amendment by initiative subject to the provisions of article twenty of this constitution.
§ 4. Resolved (if the Assembly concur), That section 16 of article 3 of the constitution be amended to read as follows:
§ 16. a. No act shall be passed which shall provide that any existing law, or any part thereof, shall be made or deemed a part of said act, or which shall enact that any existing law, or part thereof, shall be applicable, except by inserting it in such act.
b. This section shall not apply to any initiative or referendum subject to the provisions of article twenty of this constitution.
§ 5. Resolved (if the Assembly concur), That section 7 of article 4 of the constitution be amended to read as follows:
§ 7. a. Every bill which shall have passed the senate and assembly shall, before it becomes a law, be presented to the governor; if the governor approve, he or she shall sign it; but if not, he or she shall return it with his or her objections to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor. In all such cases the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him or her, the same shall be a law in like manner as if he or she had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the governor. No bill shall become a law after the final adjournment of the legislature,
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unless approved by the governor within thirty days after such adjournment. If any bill presented to the governor contain several items of appropriation of money, the governor may object to one or more of such items while approving of the other portion of the bill. In such case the governor shall append to the bill, at the time of signing it, a statement of the items to which he or she objects; and the appropriation so objected to shall not take effect. If the legislature be in session, he or she shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If on reconsideration one or more of such items be approved by two-thirds of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the governor. All the provisions of this section, in relation to bills not approved by the governor, shall apply in cases in which he or she shall withhold approval from any item or items contained in a bill appropriating money.
b. This section shall not apply to any initiative or referendum that is subject to the provisions of article twenty of this constitution.
§ 6. Resolved (if the Assembly 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 and Referendum
Section 1. Notwithstanding any other provision of this constitution, the People reserve to themselves the power to propose laws and to propose amendments to the constitution, and to adopt or reject the same, at the polls, independent of the legislature, and also reserve the power, at their own option, to so adopt or reject any act, or section or part of any act, passed by the legislature.
§ 2. As used in this article: a. Initiative is the power of the electors to propose amendments to the constitution and to propose statutes; and
b. Referendum is the power of the electors to approve or reject statutes or parts of statutes.
§ 3. Initiative may be used for any measure embracing a single object or purpose, except the following: calling elections; appropriating funds, except for an initiative proposing an appropriation for a single object or purpose; naming any individuals to hold any office; or naming or identifying any private corporation or other private entity to perform any function or to have any power or duty. Such measures may not be submitted to the electors and shall not have the force and effect of law.
§ 4. An initiative or referendum measure may be proposed by presenting to the state board of elections a petition that sets forth the text of the proposed statute, constitutional amendment or referendum and that has been signed by electors equal in number to at least five percent of the votes cast for all candidates for governor at the last gubernatorial election. Such signatures must include at least five thousand signatures from each of at least three-fifths of the congressional districts of the state.
§ 5. a. Petitions for an initiative or referendum measure shall be in substantially the same form as prescribed by the election law for independent nominating petitions, and shall be circulated and presented in the manner prescribed by such law, except that the petition shall state that the registered voter desires to have the specific initiative or
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referendum question noted on the petition placed on the ballot instead of a candidate.
b. Petitions shall be submitted to the state board of elections. A signature made earlier than one year prior to the next general election shall not be counted. Challenges to such petitions shall be resolved by the state board of elections, subject to judicial review as provided for by law. No challenge to an initiative or referendum may be filed more than ten days after submission of petitions to the state board of elections, and any such challenge shall be finally resolved by the state board of elections within ten days of its filing.
c. Measures proposing or rejecting statutes shall be placed on the ballot by the state board of elections at the next general election held at least ninety days after such measure is submitted. Measures proposing amendments to the constitution shall be placed on the ballot by the state board of elections at the next general election in which there are candidates for the office of member of the senate or assembly held at least ninety days after the measure is submitted to the state board of elections and at the next such general election.
§ 6. a. Prior to the circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the attorney general of the state of New York who shall prepare a title and summary, not to exceed one hundred words, which shall appear on the petition and on the ballot for each initiative or referendum and which shall give no indication of support or opposition to such measure, within twenty days after such measure is submitted to him or her.
b. A copy of such initiative or referendum petition shall also be submitted to the New York state legislative bill drafting commission or its successor prior to circulation for signatures. Such commission shall render technical comments on the form of the proposed measure, with no indication of support or opposition, to the proponents of such measure within twenty days of submission.
c. No action or inaction by the attorney general or the failure of the legislative bill drafting commission or its successor to provide comments with respect to an initiative or referendum petition, or to timely do so, shall affect the validity of such initiative or referendum petition or the action of the electors thereon.
d. Any action or proceeding in which any question arises as to the validity of an initiative or referendum measure, whether an initiative or referendum measure should appear on the ballot or which challenges the title and summary of such measure prepared by the attorney general as failing to accurately describe such measure, shall be heard in the supreme court of the state and preferred over all other civil causes in all courts of the state and shall be heard and determined in preference to all other civil business pending therein. No action or proceeding challenging whether an initiative or referendum measure may appear on the ballot or which challenges any action or inaction by the attorney general respecting the title or summary of such measure may be brought more than fourteen days after action by the attorney general pursuant to subdivision a of this section or, if the attorney general fails to act, then no later than fourteen days after the deadline for such action pursuant to such subdivision a.
§ 7. Except to the extent required by section eight of this article, a maximum of four discrete initiative measures, or four discrete referendum measures, or any combination of discrete initiative measures or referendum measures not to exceed a total of four may be submitted to the electors at any one general election. If more than four measures
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qualify, those initiative measures and referenda measures submitted to the state board of elections earliest in time shall be placed on the ballot.
§ 8. Any initiative or referendum not placed on a ballot because of the provisions of section seven of this article shall automatically be placed on the ballot for the next general election, notwithstanding the provisions of section seven of this article.
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 amendments to the constitution, in relation to providing the electors with the power of initiative and referendum
Purpose
This proposal would amend the New York State constitution to reserve for the People of the State the powers of initiative and referendum.
Sections 1 through 5 of the concurrent resolution would amend section 13 of Article 3, Section 14 of Article 3, Section 1 of Article 19, section 16 of Article 3 and Section 7 of Article 4 of the State Constitution, respectively, to accommodate a new Article 20 to reserve to the People of the state the powers of initiative and referendum (I&R).
Read the full memo (1,123 words)
Section 6 of the concurrent resolution would renumber Article 20 of the Constitution Article 21 and provides for a new Article 20. The new Arti- cle 20 would reserve to New Yorkers the power to Propose laws and amend- ments 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 inde- pendent petitions.
Prior to circulation of a petition for signatures, a copy of the initi- ative 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 tech- nical 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 chal- lenges the title and summary of such measure shall be granted a prefer- ence 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 effec- tive 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 gubernato- rial 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 succeed- ing 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 Legis- latures 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 will citizenry. I&R will provide voters stronger representation and allow them to act when their elected representatives fail to do so.
Legislative history
2011 Passed Senate 2012 Committed to Rules, 2013-2014 Referred to Judiciary 2015-2016 Referred to Judiciary 2017-2018 Referred to Judiciary
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.
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