The Current NYS Constitution

The New York constitution is the state’s most fundamental law, listing the rights of New Yorkers, the state government’s setup, the relationship between the state and local government, and much much more!

The current state constitution is made up of provisions that have been changed over time – reaching as far back as 1777, the text and structure of it today is based on the constitution that was proposed to voters by the 1938 constitutional convention. It’s been amended many times since, most recently in 2018 by ballot questions in 2017.

You can filter and search through it below!

Just want the pdf? Here you go!

*note: the pdf version was last updated in 2015, and misses out on 3 newer provisions passed by the voters in 2017

Want to see every constitutional provision ever proposed to the voters? We have that too!

The Current NYS Constitution - last updated in 2018

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Preamble • Section : Preamble • In Article Preamble: ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
I.1 • Section 1: Rights, privileges and franchise secured; power of legislature to dispense with primary elections in certain cases • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
I.2 • Section 2: Trial by jury; how waived. • In Article I: Bill Of Rights ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
I.3 • Section 3: Trial by jury; how waived • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
I.4 • Section 4: Habeas corpus. • In Article I: Bill Of Rights ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
I.5 • Section 5: Bail; fines; punishments; detention of witnesses. • In Article I: Bill Of Rights ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
I.6 • Section 6: Grand jury; protection of certain enumerated rights; duty of public officers to sign waiver of immunity and give testimony; penalty for refusal • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
I.7 • Section 7: Compensation for taking private property; private roads; drainage of agricultural lands. • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1964 ◦ Went into effect on January 1, 1965
I.8 • Section 8: Freedom of speech and press; criminal prosecutions for libel • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
I.9 • Section 9: Right to assemble and petition; divorce; lotteries; pool-selling and gambling; laws to prevent; pari-mutuel betting on horse races permitted; games of chance, bingo or lotto authorized under certain restrictions • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2013 ◦ Went into effect on January 1, 2014
I.10 • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1962 ◦ Went into effect on January 1, 1963
I.11 • Section 11: Equal protection of laws; discrimination in civil rights prohibited • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
I.12 • Section 12: Security against unreasonable searches, seizures and interceptions. • In Article I: Bill Of Rights ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
I.13 • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1962 ◦ Went into effect on January 1, 1963
I.14 • Section 14: Common law and acts of the colonial and state legislatures. • In Article I: Bill Of Rights ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
I.15 • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1962 ◦ Went into effect on January 1, 1963
I.16 • Section 16: Damages for injuries causing death. • In Article I: Bill Of Rights ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
I.17 • Section 17: Labor not a commodity; hours and wages in public work; right to organize and bargain collectively • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
I.18 • Section 18: Workers' compensation • In Article I: Bill Of Rights ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
II.1 • Section 1: Qualifications of voters • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1995 ◦ Went into effect on January 1, 1996
II.2 • Section 2: Absentee voting • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 1963 ◦ Went into effect on January 1, 1964
II.3 • Section 3: Persons excluded from the right of suffrage • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
II.4 • Section 4: Certain occupations and conditions not to affect residence • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
II.5 • Section 5: Registration and election laws to be passed • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1995 ◦ Went into effect on January 1, 1996
II.6 • Section 6: Permanent registration • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
II.7 • Section 7: Manner of voting; identification of voters. • In Article II: Suffrage ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
II.8 • Section 8: Bi-partisan registration and election boards • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1995 ◦ Went into effect on January 1, 1996
II.9 • Section 9: Presidential elections; special voting procedures authorized • In Article II: Suffrage ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
III.1 • Section 1: Legislative power. • In Article III: Legislature ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
III.2 • Section 2: Number and terms of senators and assemblymen • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
III.3 • Section 3: Senate districts • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 4 of 1962 ◦ Went into effect on January 1, 1963
III.4 • Section 4: Readjustments and reapportionments; when federal census to control • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2014 ◦ Went into effect on January 1, 2015
III.5 • Section 5: Apportionment of assemblymen; creation of assembly districts • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2014 ◦ Went into effect on January 1, 2015
III.5-a • Section 5-a: Definition of inhabitants • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 4 of 1969 ◦ Went into effect on January 1, 1970
III.5-b • Section 5-b: Independent redistricting commission • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2014 ◦ Went into effect on January 1, 2015
III.6 • Section 6: Compensation, allowances and traveling expenses of members • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 1 of 2001 ◦ Went into effect on January 1, 2002
III.7 • Section 7: Qualifications of members; prohibitions on certain civil appointments; acceptance to vacate seat • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 5 of 1943 ◦ Went into effect on January 1, 1944
III.8 • Section 8: Time of elections of members. • In Article III: Legislature ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939
III.9 • Section 9: Powers of each house • In Article III: Legislature ◦ Proposed by the Legislature ◦ On the ballot as proposed amendment 2 of 1963 ◦ Went into effect on January 1, 1964
III.10 • Section 10: Journals; open sessions; adjournments. • In Article III: Legislature ◦ Proposed by Constitutional Convention ◦ On the ballot as proposed amendment 1 of 1938 ◦ Went into effect on January 1, 1939

Want to filter or search the constitutional provisions? Click here!

The Current NYS Constitution

The Current NYS Constitution - last updated in 2018

Want to filter or search the constitutional provisions? Click here!

Want to filter or search the constitutional provisions? Click here!

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