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
XIII.3 proposed for 1939
Article XIII: Public Officers • Section 3: Offer or promise to bribe.
Any person who shall offer or promise a bribe to an officer, if it shall be received, shall be deemed guilty of a felony and liable to punishment, except as herein provided. No person offering a bribe shall, upon any prosecution of the officer for receiving such bribe, be privileged from testifying in relation thereto, and he shall not be…
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Article XIII: Public Officers • Section 4: Person bribed or offering bribe may testify.
Any person charged with receiving a bribe, or with offering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor.
Read moreXIII.5 proposed for 1939
Article XIII: Public Officers • Section 5: Free passes, franking priviliges, etc. not to be received by public officers; penalty.
No public officer, or person elected or appointed to a public office, under the laws of this state, shall directly or indirectly ask, demand, accept, receive or consent to receive for his own use or benefit, or for the use or benefit of another, any free pass, free transportation, franking privilege or discrimination in passenger, telegraph or telephone rates, from…
Read moreXIII.6 proposed for 1939
Article XIII: Public Officers • Section 6: Duration of term of office.
When the duration of any office is not provided by this constitution it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment.
Read moreXIII.7 proposed for 1939
Article XIII: Public Officers • Section 7: Time of election of certain officers.
The time of electing all officers named in sections 5 and 7 of article IX of this constitution shall be prescribed by law.
Read moreXIII.8 proposed for 1939
Article XIII: Public Officers • Section 8: Vacancies in office; how filled.
The legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy.
Read moreXIII.9 proposed for 1939
Article XIII: Public Officers • Section 9: Political year and legislative term.
The political year and legislative term shall begin on the first day of January; and the legislature shall, every year, assemble on the first Wednesday after the first Monday in January.
Read moreXIII.10 proposed for 1939
Article XIII: Public Officers • Section 10: Removal from office for misconduct.
Provision shall be made by law for the removal for misconduct or malversation in office of all officers, except judicial, whose powers and duties are not local or legislative and who shall be elected at general elections, and also for supplying vacancies created by such removal.
Read moreXIII.11 proposed for 1939
Article XIII: Public Officers • Section 11: When office to be deemed vacant; legislature may declare.
The legislature may declare the cases in which any office shall be deemed vacant when no provision is made for that purpose in this constitution.
Read moreXIII.12 proposed for 1939
Article XIII: Public Officers • Section 12: Compensation of officers.
No officer whose salary is fixed by this constitution shall receive any additional compensation. Each of the other state officers named in this constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he…
Read moreXIV.1 proposed for 1939
Article XIV: Conservation • Section 1: Forest preserve to be forever kept wild; certain highways authorized.
The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. Nothing herein contained shall prevent the…
Read moreXIV.2 proposed for 1939
Article XIV: Conservation • Section 2: Reservoirs.
The legislature may by general laws provide for the use of not exceeding three per centum of such lands for the construction and maintenance of reservoirs for municipal water supply, for the canals of the state and to regulate the flow of streams. Such reservoirs shall be constructed, owned and controlled by the state, but such work shall not be…
Read moreXIV.3 proposed for 1939
Article XIV: Conservation • Section 3: Wild life conservation and reforestation.
Wild life conservation and reforestation are hereby declared to be policies of the state. For the purpose of carrying out such policies the legislature may appropriate moneys for the acquisition by the state of land, outside of the Adirondack and Catskill parks as now fixed by law, for the practice of forestry or wild life management. The prohibitions of section…
Read moreXIV.4 proposed for 1939
Article XIV: Conservation • Section 4: Violations of article; how restrained.
A violation of any of the provisions of this article may be restrained at the suit of the people or, with the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen.
Read moreXV.1 proposed for 1939
Article XV: Canals • Section 1: Disposition of canals and canal properties prohibited.
The legislature shall not sell, lease, abandon or otherwise dispose of the now existing or future improved barge canal, the divisions of which are the Erie canal, the Oswego canal, the Champlain canal, and the Cayuga and Seneca canals, or of the terminals constructed as part of the barge canal system; nor shall it sell, lease, abandon or otherwise dispose…
Read moreXV.2 proposed for 1939
Article XV: Canals • Section 2: Prohibition inapplicable to lands and properties no longer useful; disposition authorized.
The prohibition of sale, abandonment or other disposition contained in section 1 of this article shall not apply to barge canal lands, barge canal terminals or barge canal terminal lands which have or may become no longer necessary or useful for canal or terminal purposes; nor to any canal lands and appertaining structures constituting the canal system prior to the…
Read moreXV.3 proposed for 1939
Article XV: Canals • Section 3: No tolls to be imposed; contracts for work and materials; no extra compensation.
No tolls shall hereafter be imposed on persons or property transported on the canals, but all boats navigating the canals and the owners and masters thereof, shall be subject to such laws and regulations as have been or may hereafter be enacted concerning the navigation of the canals. The legislature shall annually make provision for the expenses of the superintendence…
Read moreXVI.1 proposed for 1939
Article XVI: Taxation • Section 1: Power of taxation; exemptions from taxation.
The power of taxation shall never be surrendered, suspended or contracted away, except as to securities issued for public purposes pursuant to law. Any laws which delegate the taxing power shall specify the types of taxes which may be imposed thereunder and provide for their review. Exemptions from taxation may be granted only by general laws. Exemptions may be altered…
Read moreXVI.2 proposed for 1939
Article XVI: Taxation • Section 2: Assessments for taxation purposes.
The legislature shall provide for the supervision, review and equalization of assessments for purposes of taxation. Assessments shall in no case exceed full value. Nothing in this constitution shall be deemed to prevent the legislature from providing for the assessment, levy and collection of village taxes by the taxing authorities of those subdivisions of the state in which the lands…
Read moreXVI.3 proposed for 1939
Article XVI: Taxation • Section 3: Situs of intangible personal property; taxation of.
Moneys, credits, securities and other intangible personal property within the state not employed in carrying on any business therein by the owner shall be deemed to be located at the domicile of the owner for purposes of taxation, and, if held in trust, shall not be deemed to be located in this state for purposes of taxation because of the…
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