Ballot Questions
1938
Question #1
State Constitutional Amendment
NYS were asked if they wanted to pass an amendment to the NYS constitution,
to change the whole NYS constitution, except for certain provisions with separate ballot questions - as proposed by the 1938 NY constitutional convention
as proposed by the most recent NYS Constitutional Convention
And the voters said: Yes!
How We Voted
YES |
|
53.88% |
|
1,521,036 New Yorkers voted Yes |
||
NO |
46.12% |
|
|
1,301,797 New Yorkers voted No |
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2,822,833 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 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
VIII.6 proposed for 1939
Article VIII: Local Finances • Section 6: Debt-incurring power of Buffalo, Rochester and Syracuse; certain additional indebtedness to be excluded.
In ascertaining the power of the cities of Buffalo, Rochester and Syracuse to contract indebtedness, in addition to the indebtedness excluded by section 5 of this article, there shall be excluded: Indebtedness not exceeding in the aggregate the sum of ten million dollars, heretofore or hereafter contracted by the city of Buffalo or the city of Rochester and indebtedness not…
Read moreVIII.7 proposed for 1939
Article VIII: Local Finances • Section 7: Debt-incurring power of New York city; certain additional indebtedness to be excluded.
In ascertaining the power of the city of New York to contract indebtedness, in addition to the indebtedness excluded by section 5 of this article, there shall be excluded: A. Indebtedness (except for capital improvements) not exceeding one-tenth of one per centum of the average assessed valuation of real estate subject to taxation determined as prescribed in section four of…
Read moreVIII.8 proposed for 1939
Article VIII: Local Finances • Section 8: Indebtedness not to be invalidated by operation of this article.
No indebtedness of a county, city, town, village or school district valid at the time of its inception shall thereafter become invalid by reason of the operation of any of the provisions of this article.
Read moreVIII.9 proposed for 1939
Article VIII: Local Finances • Section 9: When debt-incurring power of certain counties shall cease.
Whenever the boundaries of any city are the same as those of a county, or when any city includes within its boundaries more than one county, the power of any county wholly included within such city to contract indebtedness shall cease, but the indebtedness of such county shall not, for the purposes of this article, be included as a part…
Read moreVIII.10 proposed for 1939
Article VIII: Local Finances • Section 10: Limitations on amount to be raised by real estate taxes for local purposes; exceptions.
Hereafter, in any county containing a city of over one hundred thousand inhabitants, or in any such city, and, on or after January first, nineteen hundred forty-four, in any other city or any village, the amount to be raised by tax on real estate in any fiscal year for county purposes, for city purposes or for village purposes, in addition…
Read moreVIII.11 proposed for 1939
Article VIII: Local Finances • Section 11: Taxes for certain capital expenditures to be excluded from tax limitation.
Whenever any county, city or village is required by law to pay for all or any part of the cost of capital improvements by direct budgetary appropriation in any fiscal year or by the issuance of certificates or other evidence of indebtedness (except serial bonds of an issue having a maximum maturity of more than two years) to be redeemed…
Read moreVIII.12 proposed for 1939
Article VIII: Local Finances • Section 12: Further limitations on contracting local indebtedness authorized.
Nothing in this article shall be construed to prevent the legislature from further restricting the powers herein specified of any county, city, town, village or school district to contract indebtedness or to levy taxes on real estate. The legislature shall not, however, restrict the power to levy taxes on real estate for the payment of interest on or principal of…
Read moreIX.1 proposed for 1939
Article IX: Local Governments • Section 1: Counties; organization and government; restrictions on legislature with respect to laws affecting.
(a) There shall be in each county, except in a county wholly included in the city, a board of supervisors, or other elective governing body, to be composed of such members and elected in such manner and for such period as is or may be provided by law. (b) The legislature shall provide by law for the organization and government…
Read moreIX.2 proposed for 1939
Article IX: Local Governments • Section 2: Counties; alternative forms of government for; effect of adoption thereof.
(a) The legislature shall provide by law alternative forms of government for counties except counties wholly included in a city and for the submission of one or more such forms of government to the electors residing in such counties. No such form of government shall become operative in any county unless and until adopted at a general election held in…
Read moreIX.3 proposed for 1939
Article IX: Local Governments • Section 3: Existing laws to remain applicable.
Existing laws applicable to the government of counties and the cities, towns, villages, districts and other units of government therein contained shall continue in force until repealed, amended, modified or superseded by law or by a form of government and, except as provided in subdivision (b) of section 2 hereof, nothing contained in this section shall be construed to impair…
Read moreIX.4 proposed for 1939
Article IX: Local Governments • Section 4: Further powers of local legislation and administration for counties; county auditors.
The legislature shall, by general laws, confer upon the boards of supervisors, or other governing elective bodies, of the several counties of the state such further powers of local legislation and administration as the legislature may, from time to time, deem expedient. In counties which now have, or may hereafter have, county auditors or other fiscal officers, authorized to audit…
Read moreIX.5 proposed for 1939
Article IX: Local Governments • Section 5: Sheriffs; clerks of counties; district attorneys; registers; power of approval.
Except in counties in the city of New York, sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies happen. Sheriffs shall hold no other office. They may be required by law to renew their security, from time…
Read moreIX.6 proposed for 1939
Article IX: Local Governments • Section 6: Removal of district attorney for failure to prosecute; expenses in prosecutions of bribery.
Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his county of any provision of article XIII of this constitution which may come to his knowledge, shall be removed from office by the governor, after due notice and an opportunity of being heard in his defense. The expenses which shall be incurred by…
Read moreIX.7 proposed for 1939
Article IX: Local Governments • Section 7: Appointment or election of county officers when not provided for by the constitution.
Except as herein provided for counties in the city of New York, county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct.
Read moreIX.8 proposed for 1939
Article IX: Local Governments • Section 8: Powers of the city of New York over certain county officers; restrictions on legislature; appointment or election of officers generally when not provided for by constitution.
In counties in the city of New York the city of New York is hereby vested with power from time to time by local law, to abolish the office of any county officer other than judges, clerks of counties and district attorneys, and to assign any or all functions of such officers to city officers, courts or clerks of counties,…
Read moreIX.9 proposed for 1939
Article IX: Local Governments • Section 9: Cities and villages; organization; powers to be restricted.
It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, in such manner as shall secure to such cities and villages the powers granted to cities and villages by this constitution and, subject to the provisions of this constitution, to restrict the power of taxation, assessment, borrowing money, contracting debts, and loaning…
Read moreIX.10 proposed for 1939
Article IX: Local Governments • Section 10: Extra compensation prohibited.
The legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public officer, servant, agent or contractor.
Read moreIX.11 proposed for 1939
Article IX: Local Governments • Section 11: Passage of special city laws prohibited; exceptions.
The legislature shall act in relation to the property, affairs or government of any city only by general laws which shall in terms and in effect apply alike to all cities, except upon the request of the mayor of the city affected concurred in by the local legislative body or upon the request of two-thirds of the elected members of…
Read moreIX.12 proposed for 1939
Article IX: Local Governments • Section 12: Power of cities to enact local laws relating to property, affairs or government.
Every city shall have power to adopt and amend local laws not inconsistent with the constitution and laws of the state relating to its property, affairs or government. Every city shall also have the power to adopt and amend local laws not inconsistent with this constitution and laws of the state, and whether or not such local laws relate to…
Read moreIX.13 proposed for 1939
Article IX: Local Governments • Section 13: Existing laws to remain applicable; reservation of power in legislature over certain matters.
A. The provisions of this article shall not affect any existing provisions of law not inconsistent with this article; but all existing charters and other laws, so far as not inconsistent with this article, shall continue in force until repealed, amended, modified or superseded in accordance with the provisions of this article. B. Nothing in this article contained shall apply…
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