NY State Senate Bill 2019-S72

Senate Bill S72

2019-2020 Legislative Session

Prohibits certain elected officials from serving as delegates to the constitutional convention

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
Jan 09, 2019	referred to elections

2019-S72 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6882
2017-2018: S1004

2019-S72 (ACTIVE) - Summary

Prohibits the governor, lieutenant governor, attorney general, comptroller, any state legislator, any elected county, city, town or village official, or any person who currently holds elective office from serving as a delegate to a constitutional convention.

2019-S72 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S72

SPONSOR: ROBACH
 
TITLE OF BILL:  An act to amend the election law, in relation to
prohibiting certain elected officials from serving as delegates to the
constitutional convention

 
PURPOSE OF BILL:

The purpose of this legislation is to prohibit certain elected officials
from serving as delegates to the constitutional convention.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The Election Law is amended by adding a new section 6-170 to
read as follows: Constitutional delegates. The governor, lieutenant
governor, attorney general, comptroller, any state legislator, any
elected county, city, town, or village official or any person who
currently holds elective office shall not be eligible to qualify as a
candidate for delegate for a constitutional convention.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

The New York State Constitution states that every 20 years there will be
a question of whether a constitutional election convention should be
held on the election ballot. If the voters vote in favor, and a consti-
tutional convention should be held, there shall be a convention delegate
election on the ballot the following year.

Elected officials have different motives than the general public. They
are influenced by partisan politics, incumbency, and vested interested
in protecting the status quo while New York State residents are not. It
is also an opportunity for the general public to participate more fully
in political life, increasing democracy.  For these reasons, the state
residents are ideally equipped to serve as delegates to a constitutional
convention. This legislation would reform the current process so only
non-elected officials can elected as delegates to a constitutional
convention.

Elected officials also enjoy an advantage by virtue of having run for
office and won, thereby securing name recognition by the voters that a
regular citizen does not have. By prohibiting elected officials, the
playing field will be fairer and more equitable for those citizens who
do not have the same public recognition.

 
PRIOR LEGISLATIVE HISTORY:

A.6692 of 2017/2018
A.7415 of 2015/2016
A.921 of 2013/2014
A.196 of 2011/2012

 
FISCAL IMPLICATIONS:

This legislation has no fiscal implications.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2019-S72 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    72
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in  relation  to  prohibiting  certain
   elected  officials  from  serving  as  delegates to the constitutional
   convention

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The election law is amended by adding a new section 6-170
 to read as follows:
   § 6-170. CONSTITUTIONAL DELEGATES. THE GOVERNOR, LIEUTENANT  GOVERNOR,
 ATTORNEY GENERAL, COMPTROLLER, ANY STATE LEGISLATOR, ANY ELECTED COUNTY,
 CITY,  TOWN, OR VILLAGE OFFICIAL OR ANY PERSON WHO CURRENTLY HOLDS ELEC-
 TIVE OFFICE SHALL NOT BE ELIGIBLE TO QUALIFY AS A CANDIDATE FOR DELEGATE
 FOR A CONSTITUTIONAL CONVENTION.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05214-01-9

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