Ballot Questions
1938
Question #5
State Constitutional Amendment
NYS were asked if they wanted to pass an amendment to the NYS constitution,
to change VI.1, VI.2, VI.3, VI.4, VI.5, VI.6, VI.7, VI.8, VI.9, VI.10, VI.11, VI.12, VI.13, VI.14, VI.15, VI.16, VI.17, VI.18, VI.19, VI.20, VI.21, VI.22, VI.23, VI.24, VI.25, VI.26, VI.27
as proposed by the most recent NYS Constitutional Convention
And the voters said: No!
How We Voted
YES |
29.26% |
|
641,332 New Yorkers voted Yes |
NO |
|
70.74% |
1,550,653 New Yorkers voted No |
2,191,985 votes determined the outcome of this ballot question.
We found out how every county voted on this ballot question, and mapped it!
Click on a county to see how its voters stood on this questionCounty:
Yes:
No:
Percent Yes:
We found out how every county voted on this ballot question, and mapped it!
Visit this page on a large screen and you'll find our map. Click on a county to see how its voters stood on this questionThis BQ Would Have Amended
Note: When voters approved of provisions, the new changes take effect on January 1st of the year after the question's appearance on the ballot
VI.1 proposed for 1939
Article VI: Judiciary • Section 1: Supreme court; how constituted; judicial districts.
The supreme court is continued with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of appeals as now is or hereafter may be prescribed by law not inconsistent with this article. The judicial districts of the state shall be ten in number, each district to be bounded by county lines. The first district shall…
Read moreVI.2 proposed for 1939
Article VI: Judiciary • Section 2: Judicial departments; appellate divisions, how constituted; Governor to designate justices; jurisdiction, time and place of holding courts; attendants.
The division of the state into four judicial departments is continued as now constituted by law. Once every ten years, the legislature may alter the boundaries of the judicial departments, but without increasing the number thereof, and each department shall be bounded by the lines of judicial districts. The appellate divisions of the supreme court are continued, and shall consist…
Read moreVI.3 proposed for 1939
Article VI: Judiciary • Section 3: Appellate terms in first and second departments; appeals.
The appellate terms of the supreme court in the first and second departments are continued, subject to the power of the appellate division in each such department to discontinue at any time the appellate term in its department. The appellate division in each department shall have power to reestablish an appellate term in case an appellate term in that department…
Read moreVI.4 proposed for 1939
Article VI: Judiciary • Section 4: Terms of office; vacancies, how filled.
The official terms of the justices of the supreme court shall be fourteen years from and including the first day of January next after their election. When a vacancy shall occur in the office of the justice of the supreme court otherwise than by expiration of term, it shall be filled for a full term at the next general election…
Read moreVI.5 proposed for 1939
Article VI: Judiciary • Section 5: Court of appeals; organization; designations.
The court of appeals is continued. It shall consist of the chief judge, the six elected associate judges now in office, who shall hold their offices until the expiration of their respective terms, and their successors, who shall be chosen by the electors of the state, and such justices of the supreme court as may be designated thereto as hereinafter…
Read moreVI.6 proposed for 1939
Article VI: Judiciary • Section 6: Court of appeals; vacancies, how filled.
When a vacancy shall occur otherwise than by expiration of term, in the office of chief or elected associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election held not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the governor, by…
Read moreVI.7 proposed for 1939
Article VI: Judiciary • Section 7: Jurisdiction of court of appeals.
The jurisdiction of the court of appeals shall be limited to the review of questions of law except where the judgment is of death, or where the appellate division, on reversing or modifying a final or interlocutory judgment in an action or a final or interlocutory order in a special proceeding, finds new facts and a final judgment or a…
Read moreVI.8 proposed for 1939
Article VI: Judiciary • Section 8: Appeals from judgment or order; new trial.
The court of appeals shall have the power to make and enforce rules and regulations for the admission of attorneys and counselors at law, and for their control, regulation and discipline, and may delegate to the appellate divisions of the supreme court in the respective departments the administration and enforcement of such rules and regulations.
Read moreVI.9 proposed for 1939
Article VI: Judiciary • Section 9: Removal of judges and justices.
Upon an appeal from a judgment or an order, any appellate court to which the appeal is taken which is authorized to review such judgment or order may reverse or affirm, wholly or in part, or may modify the judgment or order appealed from, and each interlocutory judgment or intermediate or other order which it is authorized to review, and…
Read moreVI.10 proposed for 1939
Article VI: Judiciary • Section 10: Trial of impeachments.
Judges of the court of appeals and justices of the supreme court may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein. All other judicial officers, except justices of the peace, justices of the municipal court of the city of New York, and judges or justices…
Read moreVI.11 proposed for 1939
Article VI: Judiciary • Section 11: County courts; jurisdiction.
The assembly shall have the power of impeachment by a vote of a majority of all the members elected thereto. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or the major part of them, and the judges of the court of appeals, or the major part of them. On the…
Read moreVI.12 proposed for 1939
Article VI: Judiciary • Section 12: Special county judge or surrogate.
The existing county courts, except in the counties of Kings, Queens, Bronx and Richmond, are continued, and the judges thereof now in office shall hold their offices until the expiration of their respective terms. The number of county judges in any county may be increased, from time to time, by the legislature, to such number that the total number of…
Read moreVI.13 proposed for 1939
Article VI: Judiciary • Section 13: Surrogates' court; surrogates, their powers and jurisdiction; relief of.
The legislature, on application of the board of supervisors or other body exercising similar powers, may, in any county having a county court, provide for the election of a special county judge or special surrogate, not to exceed two in any county, for a term of not more than six years, to discharge the duties of county judge or of…
Read moreVI.14 proposed for 1939
Article VI: Judiciary • Section 14: Court of general sessions of the county of New York.
The existing surrogates’ courts are continued, and the surrogates now in office shall hold their offices until the expiration of their respective present terms. Their successors shall be chosen by the electors of their respective counties, and their terms of office shall be six years, except in the counties of New York, Kings, Bronx, Queens and Richmond, where they shall…
Read moreVI.15 proposed for 1939
Article VI: Judiciary • Section 15: City court of city of New York; jurisdiction.
The court of general sessions of the county of New York is continued with its present jurisdiction, under the name of the court of general sessions of the county of New York. The said court shall consist of the judges now in office, all of whom shall continue to be judges of the court of general sessions of the county…
Read moreVI.16 proposed for 1939
Article VI: Judiciary • Section 16: Vacancies in certain judicial offices and New York city courts, how filled.
The city court of the city of New York is continued with its present jurisdiction and including original jurisdiction concurrent with the supreme court in actions for the recovery of money only in which the complaint demands judgment for a sum not exceeding three thousand dollars, and interest, and in actions of replevin, foreclosure of mechanic’s liens and liens on…
Read moreVI.17 proposed for 1939
Article VI: Judiciary • Section 17: Justices of the peace; justices of the municipal court of New York city and of inferior local courts; election and removal of.
The municipal court of the city of New York is continued with its present jurisdiction and such additional jurisdiction as may hereafter be conferred by the legislature except that the legislature shall not confer upon it any equity jurisdiction or any greater jurisdiction in other respects than was heretofore conferred upon the city court of the city of New York…
Read moreVI.18 proposed for 1939
Article VI: Judiciary • Section 18: Inferior local courts; children's and domestic relations courts.
Vacancies occurring in the office of county judge, special county judge, surrogate, special surrogate, judge of a court of general sessions, or justice of the city court of the city of New York, shall be filled by appointment by the governor by and with the advice and consent of the senate if in session, or if not in session, by…
Read moreVI.19 proposed for 1939
Article VI: Judiciary • Section 19: Judges, justices and surrogates; compensation; age restriction; not to hold other office; not to act as attorney or counselor.
The electors of the several towns shall, at their biennial town elections, of at such other time and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. A person appointed to fill a vacancy in the office of justice of the peace shall hold office until the commencement…
Read moreVI.20 proposed for 1939
Article VI: Judiciary • Section 20: Testimony in equity cases.
The legislature may establish children’s courts, and courts of domestic relations, as separate courts, or as parts of existing courts or courts hereafter created, and may confer upon them such jurisdiction as may be necessary for the correction, protection, guardianship and disposition of delinquent, neglected or dependent minors, and for the punishment and correction of adults responsible for or contributing…
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