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Ballot Questions

1869

Question #2

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 - to reorganize the judiciary


as proposed by the most recent NYS Constitutional Convention

And the voters said: Yes!

How We Voted

YES

50.70%

247,240 New Yorkers voted Yes

NO

49.30%

240,442 New Yorkers voted No

487,682 votes determined the outcome of this ballot question.

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 question

This BQ 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 1870

    • Section 1: Assembly may impeach civil officers.

    The Assembly shall have the power of impeachment, by a vote of the majority of all the members elected. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or a major part of them, and the judges of the court of appeals, or the major part of them. On the trial…

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  • VI.2 proposed for 1870

    • Section 2: Court of appeals.

    There shall be a court of appeals, composed of a chief judge and six associate judges, who shall be chosen by the electors of the State, and shall hold their office for a term of fourteen years from and including the first day of January next after their election. At the first election of judges, under this constitution, every elector…

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  • VI.3 proposed for 1870

    • Section 3: Vacancies, how filled.

    When a vacancy shall occur, otherwise than by expiration of term, in the office of chief or associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election, happening not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the governor by and…

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  • VI.4 proposed for 1870

    • Section 4: Transfer of causes; commission of appeals.

    Upon the organization of the court of appeals, under this article, the causes then pending in the present court of appeals shall become vested in the court of appeals hereby established. Such of said causes as are pending on the first day of January, eighteen hundred and sixty-nine, shall be heard and determined by a commission, to be composed of…

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  • VI.5 proposed for 1870

    • Section 5: Vacancies in commission.

    If any vacancy shall occur in the office of the said commissioners, it shall be filled by appointment by the governor by and with the advice and consent of the Senate ; or if the Senate is not in session, by the governor ; but in such case, the appointment shall expire at the end of the next session. The…

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  • VI.6 proposed for 1870

    • Section 6: Supreme court.

    There shall be the existing supreme court, with general jurisdiction in law and equity, subject to such appellate jurisdiction of the court of appeals as now is or may be prescribed by law ; and it shall be composed of the justices now in office, who shall be continued during their respective terms, and of their successors. The existing judicial…

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  • VI.7 proposed for 1870

    • Section 7: General and special term; circuits; oyer and terminer.

    At the first session of the Legislature, after the adoption of this article, and from time to time thereafter as may be necessary, but not oftener than once in five years, provision shall be made for organizing, in the supreme court, not more than four general terms thereof, each to be composed of a presiding justice and not more than…

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  • VI.8 proposed for 1870

    • Section 8: Judge not to sit in review of his own decisions; proceedings in law and equity.

    No judge or justice shall sit, at a general term of any court, or in the court of appeals, in review of a decision made by him, or by any court of which he was at the time a sitting member. The testimony in equity cases shall be taken in like manner as in cases at law ; and except…

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  • VI.9 proposed for 1870

    • Section 9: Vacancies, in supreme court.

    When a vacancy shall occur, otherwise than by expiration of term, in the office of justice of the supreme court, the same shall be filled for a full term, at the next general election, happening not less than three months after such vacancy occurs ; and until any vacancy shall be so filled, the governor by and with the advice…

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  • VI.10 proposed for 1870

    • Section 10: Judges not to hold any other office.

    The judges of the court of appeals, and the justices of the supreme court, shall not hold any other office of public trust. All votes for any of them, for any other than a judicial office, given by the Legislature or the people, shall be void.

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  • VI.11 proposed for 1870

    • Section 11: Removal of judges.

    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 judicial officers, except those mentioned in this section, and except justices of the peace and judges and justices of inferior courts not of…

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  • VI.12 proposed for 1870

    • Section 12: Certain local courts continued.

    The superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, and the city court of Brooklyn, are continued with the powers and jurisdiction they now severally have, and such further civil and criminal jurisdiction as may be conferred by law. The superior court…

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  • VI.13 proposed for 1870

    • Section 13: Judges, how chosen; term of office.

    Justices of the supreme court shall be chosen by the electors of their respective judicial districts. Judges of all the courts mentioned in the last preceding section shall be chosen by the electors of the cities respectively in which the said courts are instituted. The official terms of the said justices and judges who shall be elected after the adoption…

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  • VI.14 proposed for 1870

    • Section 14: Compensation of judges.

    The judges and justices hereinbefore mentioned shall receive for their services a compensation to be established by law, which shall not be diminished during their official terms. Except the judges of the court of appeals and the justices of the supreme court, they shall be paid, and the expenses of their courts defrayed, by the cities or counties in which…

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  • VI.15 proposed for 1870

    • Section 15: County courts.

    The existing county courts are continued, and the judges thereof in office at the adoption of this article, shall hold their offices until the expiration of their respective terms. Their successors shall be chosen by the electors of the counties for the term of six years. The county courts shall have the powers and jurisdiction they now possess, until altered…

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  • VI.16 proposed for 1870

    • Section 16: Special county judge and surrogate.

    The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law.

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  • VI.17 proposed for 1870

    • Section 17: People may determine that judges shall be appointed.

    The Legislature shall provide for submitting to the electors of the State at the general election in the year eighteen hundred and seventy-three, two questions, to be voted upon on separate ballots, as follows: First, “Shall the offices of chief judge and associate judge of the court of appeals, and of justice of the supreme court, be hereafter filled by…

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  • VI.18 proposed for 1870

    • Section 18: Justices of the peace.

    The electors of the several towns shall, at their annual town meeting, and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired…

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  • VI.19 proposed for 1870

    • Section 19: Inferior local courts.

    Inferior local courts of civil and criminal jurisdiction may be established by the Legislature; and except as herein otherwise provided, all judicial officers shall be elected or appointed at such times, and in such manner, as the Legislature may direct.

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  • VI.20 proposed for 1870

    • Section 20: Clerk of court of appeals; clerks of supreme court.

    Clerks of the several counties shall be clerks of the supreme court, with such powers and duties as shall be prescribed by law. The clerk of the court of appeals shall keep his office at the seat of government. His compensation shall be fixed by law and paid out of the public treasury.

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