NEW YORK’S CONSTITUTIONAL CONVENTION AND WHY YOUR VOTE MATTERS

BACKGROUND OF CONSTITUTIONAL CONVENTIONS IN NEW YORK

WHAT IS A CONSTITUTIONAL CONVENTION?  A constitutional convention is one way to amend the New York State Constitution.  Every 20 years, New Yorkers are given the opportunity to decide whether a convention is needed to amend the state constitution. In November 2017, voters will decide whether a convention is needed.  Delegates are then elected and given the opportunity to discuss and propose amendments to any part of the state constitution.  Any amendments proposed at a constitutional convention have to be approved by voters on a statewide ballot question.

WHAT IS AT STAKE? A constitutional convention could change or eliminate any of the following provisions and many more:  Protection against reductions in public pension benefits;  Civil Service merit and fitness;  Right of employees to organize and bargain collectively;  The right of all children to a quality education;  The right to Worker’s Compensation;  Judicial organization;  And certain environmental protections.

WHAT DOES THE PROCESS LOOK LIKE?

STEP 1  New York’s constitutional convention question must be placed on the November 7, 2017 ballot. Voters will be asked: “Shall there be a convention to revise the constitution and amend the same?”  If voters vote no, there will be no convention.  If voters vote yes, delegates must be elected during the next general election.

STEP 2  If voters decide that a convention should be held, New Yorkers will then elect delegates to the constitutional convention on November 6,  Three delegates would be elected from each of the 63 State Senate districts, in addition to 15 at- ‐ large delegates.

STEP 3  Delegates meet in Albany on the first Tuesday of April (April 2, 2019) after their election and the convention convenes.  Delegates to the convention set their own rules, hire their own staff, and get the pay of a legislator (at least $79,500) plus pension credit. There is no time limit on how long the convention will last.  By majority vote, delegates determine what amendments, if any, to propose.

STEP 4  Each amendment voted on and proposed by the delegates at the convention is put on the ballot to be voted on by all New York voters.  If an amendment is voted down, that amendment is rejected.  If the voters pass the amendment, the constitution is thereby amended on January 1 following the election.

CAN THE CONSTITUTION BE AMENDED WITHOUT A CONVENTION?  Yes - the Constitution can be amended through an act of the legislature.  To do so, both houses of the legislature must pass identical resolutions in two consecutive legislative sessions. Legislative session run two years in New York, and second passage must come after legislative elections are held.  The amendment must then be voted on by the public at the next General Election and approved or denied by a simple majority vote.

CAN THE CONSTITUTION BE AMENDED WITHOUT A CONVENTION? CONTINUED  Legalizing casino gambling is a recent example of how the constitution was amended through the legislative process:  Each house of the legislature first passed a resolution on March 14,  After a newly elected legislature took office in January 2013, the legislature gave second passage to the resolution on June 21,  The amendment was then approved by voters in the November 5, 2013 General Election and became law on January 1, 2014.

SUMMARY  On the November 2017 General Election ballot, New Yorkers will have the opportunity to decide whether or not the state should hold a constitutional convention.  A convention could potentially threaten many long-standing benefits enjoyed by CSEA members.  There is another way to amend the constitution that must go through the legislative and public ballot question process.

TOGETHER, WE CAN PROTECT WHAT WE HAVE