What's happening
This bill prohibits current elected officials from serving as delegates to New York's constitutional convention.
Why it matters
Promotes impartiality and public trust. by ensuring that only individuals not currently holding elected office can serve as delegates, reducing the risk of self-interest or conflicts of interest during a constitutional convention.
Encourages broader civic participation. by opening delegate positions to a wider pool of citizens, potentially bringing new voices and perspectives into the constitutional revision process.
Reduces the influence of entrenched political power. by barring current officeholders from shaping the foundational legal structure, which could mitigate concerns about political insiders rewriting rules to their own advantage.
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Who cares
Headline styles
Bar Officials as Convention Delegates
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
72
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 Elections
AN ACT to amend the election law, in relation to prohibiting certain elected officials from serving as delegates to the constitutional convention
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The election law is amended by adding a new section 6-170 to read as follows:
§ 6-170. Constitutional delegates. The governor, lieutenant governor, attorney general, comptroller, any state legislator, any elected county, city, town, or village official or any person who currently holds elective office shall not be eligible to qualify as a candidate for delegate for a constitutional convention.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05214-01-9
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, in relation to prohibiting certain elected officials from serving as delegates to the constitutional convention
Purpose of bill
The purpose of this legislation is to prohibit certain elected officials from serving as delegates to the constitutional convention.
Summary of specific provisions
Section 1. The Election Law is amended by adding a new section 6-170 to read as follows: Constitutional delegates. The governor, lieutenant governor, attorney general, comptroller, any state legislator, any elected county, city, town, or village official or any person who currently holds elective office shall not be eligible to qualify as a candidate for delegate for a constitutional convention.
Section 2. Establishes the effective date.
Justification
The New York State Constitution states that every 20 years there will be a question of whether a constitutional election convention should be held on the election ballot. If the voters vote in favor, and a consti- tutional convention should be held, there shall be a convention delegate election on the ballot the following year.
Elected officials have different motives than the general public. They are influenced by partisan politics, incumbency, and vested interested in protecting the status quo while New York State residents are not. It is also an opportunity for the general public to participate more fully in political life, increasing democracy. For these reasons, the state residents are ideally equipped to serve as delegates to a constitutional convention. This legislation would reform the current process so only non-elected officials can elected as delegates to a constitutional convention.
Elected officials also enjoy an advantage by virtue of having run for office and won, thereby securing name recognition by the voters that a regular citizen does not have. By prohibiting elected officials, the playing field will be fairer and more equitable for those citizens who do not have the same public recognition.
Prior legislative history
A.6692 of 2017/2018 A.7415 of 2015/2016 A.921 of 2013/2014 A.196 of 2011/2012
Fiscal implications
This legislation has no fiscal implications.
Effective date
This act shall take effect on the thirtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.