2017 New York Constitutional Convention Vote: What You Need To Know

NEW YORK CITY — Don't forget to flip over your ballot when you go to vote on Nov. 7 — in addition to choosing a mayor, New Yorkers will decide if they will hold a constitutional convention in 2017.

Not sure what that means? You're not alone — about half of voters haven't heard or read anything about the issue, according to an Oct. 6 Siena College poll.

The question only gets on the ballot every 20 years and there hasn't been a constitutional convention in the state in half a century. This year it will physically be on the back of ballots, along with two proposed constitutional amendments.

As the Nov. 7 election draws near, here's a guide to what exactly a constitutional convention is, the arguments for and against holding one and what would happen if voters say yes.

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What Is A Constitutional Convention?

A constitutional convention is one way to change the New York State Constitution. Some 204 delegates from around the state would converge on the state capitol in Albany to discuss and propose possible amendments to the sweeping document containing more than 50,000 words.

State law requires that voters be asked whether to hold a constitutional convention every 20 years. There have been 10 conventions dating back to 1777. The last one was in 1967, meaning this is the longest New York has ever gone without holding a convention.

The state Legislature can change the constitution at any time through a lengthy process — amendments must be passed by both the state Assembly and Senate in two consecutive years, and then approved by voters in a referendum. There are two such amendments on the ballot this year – one to strip corrupt elected officials of their pensions and another to create a state land bank.

Such amendments in recent years have addressed small-scale questions, so a convention is the best opportunity to address big, structural issues, according to Gerald Benjamin, a political science professor at SUNY New Paltz and a convention supporter.

“This is an integral part of the way we govern ourselves," Benjamin said on a recent episode of the Gotham Gazette's "What's the [Data] Point?" podcast. "It is not an unusual or unique phenomenon.”

What Happens At A Constitutional Convention?

If voters decide to hold a constitutional convention next month, they'll elect convention delegates in 2018. There will be three delegates from each of the 63 state Senate districts and 15 others who are elected statewide. Candidates will run just like they would for any other office, with major parties supporting some and others making independent bids. Anyone can run for a delegate seat, including sitting elected officials.

After the election, delegates are due in Albany in April 2019, where they'd set their own rules and choose leaders to run the convention, Benjamin told the Gotham Gazette. They would then decide what changes to discuss and draft a package of amendments to put to the voters that November. That process has historically taken four to five months, Benjamin said, though it could take longer. Judging by spending on the 1967 convention, holding one in two years would cost $50 million to $75 million, according to an estimate by a pair of state constitution experts who support a convention.

Voters would have to approve any amendments the convention proposes. The convention can decide to put them on the ballot as several separate items or in one big package. The 1967 convention went with the latter option, but those amendments were overwhelmingly rejected.

Who Supports A Constitutional Convention, And Why?

The general public favors holding a constitutional convention, but support has slipped significantly over the past year with 44 percent of New Yorkers that Siena College surveyed this month saying they'll vote yes. That's down from 68 percent in June 2016 and 39 percent said they'll vote no, up from 19 percent in June 2016.

Good-government groups such as Citzens Union have been the most vocal proponents of a constitutional convention. They're reportedly joined by the New York State Bar Association and a women's group called Forward March New York. They say a convention is the best opportunity New Yorkers have to tackle reforms that have eluded politically entrenched state lawmakers.

Among them are term limits for state legislators, election reforms like same-day voter registration and stronger anti-corruption measures, and "home rule" provisions that would give New York City more control over how it taxes and spends.

"There’s a whole host of possibilities right now if we’re willing to just think about how we work with government in a different kind of way," Priscilla Grim, a spokeswoman for Citizens Union, told Patch in an interview.

It's a chance to simplify the constitution and make it more reflective of how the world has changed since the last convention in 1967, Grim said. And technology could make this convention more transparent than any other, she said.

Who Opposes A Constitutional Convention, And Why?

There's a well-funded campaign opposing a convention that has support from labor unions, nonprofits, political groups and elected officials of all political stripes. They've formed a coalition called New Yorkers Against Corruption, which argues that a convention would be hijacked by the same political insiders and moneyed lobbyists that already wield considerable power in Albany.

"Frankly, in this day and age, when corporations and billionaires, trying to move an agenda of privatization and anti-worker and anti-immigrant policies, control politics via funneling massive sums of money into political fights, ... it is likely to be a trap," Deborah Axt, co-executive director of the immigration rights group Make the Road New York, told Patch in an interview.

Opponents fear big spenders would push to strip some public pension protections, roll back the rights of immigrants, compromise environmental safeguards and try to cut education spending. They also say a convention could turn into an indefinite boondoggle with little accountability to the public. Axt said the fight against anti-immigrant federal policies takes priority over any possible gains a convention could bring.

A majority of Republican voters say they'll vote no, while most Democrats and a slight majority of independents say they'll vote yes, the Siena poll showed.

"Vote No" Lawn signs, stickers and flyers have become somewhat ubiquitous around the state, a sign of how much money is going into the opponents' effort. Opponents had outspent supporters $24.2 million to $389,000 as of August, POLITICO New York found.

(Lead image by Noah Manskar)