Ballot Question 1
Constitutional Convention
Shall there be a convention to revise the Constitution and amend the same?
This is how question #1 will appear on your ballot!
Ballot questions ("BQs"), or referenda, are on the ballot when the state or the city pose certain questions to voters, and we have a chance to weigh in on laws directly, outside the bounds of representational government.
NY is required by our state constitution to put a few types of questions to voters at the general election ballot. The constitutional convention question is the only mandated recurring type of ballot question. (The most common type of BQ is the proposed constitutional amendment - and you can learn about this and other types of ballot questions NYC faces here!)
Every 20 years, this question is put on the ballot so New Yorkers are automatically asked whether they want to bring together a convention to review the state constitution in its totality, and propose amendments that NYS voters would vote upon.
Since 2017 is the 20th year (last time was 1997), the state constitutional convention question will be on the November 7 ballot. And as election season rolls along, we'll be providing plenty of info about the evolution of the state constitution on this site - so come back soon for more!
Keep reading this page to find out how the NYS Board of Elections summarizes the question, and to see the provision of the state constitution that requires that the question be asked!
The NYS Board of Elections Summarized the Constitutional Convention Question in this Abstract
We're quoting the NYS Board of Elections Abstract text in full:
The New York State Constitution requires that every 20 years the people decide if a Constitutional Convention should be held to consider amendments to the State Constitution. The purpose of this Ballot Question is to allow the voters of New York State to determine whether a Constitutional Convention will be held in 2019.
If a majority voting on this Question votes NO, there will be no Constitutional Convention.
If a majority votes YES, three delegates from each state senatorial district and 15 at-large statewide delegates will be elected in November 2018. The delegates will convene at the Capitol in April 2019. Amendments adopted by a majority of the delegates will be submitted to the voters for approval or rejection in a statewide referendum to be held at least six weeks after the Convention adjourns. The delegates will determine whether to submit proposed amendments as separate questions. Any amendments that the voters approve will go into effect on the January 1 following their approval.
If a majority votes in favor of a Constitutional Convention, then the delegates will receive for their services the same compensation as that payable to Members of the Assembly. The delegates also will be reimbursed for actual traveling expenses while the Convention is in session, to the extent that Members of the Assembly would be entitled reimbursement during a session of the Legislature.
The delegates will have the power to appoint the officers, employees, and assistants that they deem necessary and to fix the compensation of those officers, employees, and assistants. The delegates also will have the power to provide for the expenses of the Convention, including the printing of its documents, journal, and proceedings. The delegates will determine the rules of their proceedings, choose their officers, and be the judge of the election, returns, and qualifications of their members. A vacancy in an office of district delegate will be filled by a vote of the remaining delegates representing the district in which the vacancy occurs; a vacancy in the office of a delegate-at-large will be filled by a vote of the remaining delegates-at-large.
The State Constitution Mandates this BQ Every 20 Years - Read it Here!
Article XIX., section 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. 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 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-at-large. 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.
