Pre Convention Kit - League of Women Voters of New York State

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“League Leaders at Work for Our Future” PRE-CONVENTION KIT The Constitutional Convention Question is on the Horizon: Reviewing the League’s Position on Delegate Selection Why the issue of a constitutional convention matters: Under the New York State constitution, there are two ways the constitution can be amended: (1) passage of an amendment by two consecutively elected legislatures and (2) a constitutional convention. In either case proposed amendments do not become effective until approved by the voters of New York State via a referendum. Article XIX of the New York State constitution provides for two methods of calling a constitutional convention: (1) the legislature, at its discretion, may place a call for a constitutional convention on the ballot at any time and (2) Since 1957 and every 20 years thereafter, voters are asked via a mandatory referendum, “Shall there be a convention to revise the constitution and amend the same?” The mandatory referendum on the question of holding a constitutional convention is the only process of constitutional change in New York that bypasses the legislature. Voters will next see this referendum on the ballot in 2017. What is LWVNY’s current position on the constitutional convention? (For complete LWVNY position, please see Impact on Issues) The League does not support or oppose the holding of a state constitutional convention. However, in 1997, the League opposed holding a constitutional convention because the legislature had failed to reform the delegate selection process sufficiently to ensure New Yorkers would be equitably and fairly represented in convention deliberations. On the issue of delegate selection, the League believes that A delegate body of workable size should be elected by a fair, nonpartisan process In accord with League principles, delegates should reflect our society with representation of women, ethnic, racial, socioeconomic minorities The candidates’ positions on issues and convention goals should be widely publicized to enable voters to cast informed votes at their election and Present office holders should not be eligible to serve as delegates; however, they might be considered as consultants. What is the current delegate selection process? Under Article XIX of the New York State constitution, the constitutional convention delegate selection process is as follows: After voters decide in favor of a convention, the voters of every senate district shall elect three delegates at the next ensuing general election, and the voters of the state voting at the same election shall elect fifteen delegates-at-large. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large Can the current delegate selection process be brought into line with the League’s position? Article XIX provides for the number of delegates, the districts from which they are elected, and the time frame for their election, but does not include any provisions for or restrictions upon delegate selection beyond that. Changes to the delegate selection process that would remove partisanship from the process, potentially increase diversity of the delegates, improve minority representation, and limit or ban office holders could be made via the legislature without a constitutional amendment (see Constitutional Convention Delegate Selection: Current Legislative Proposals for more info). In addition, though the League’s position on diversity of delegates may suggest support for quotas, creating a Page | 26
“League Leaders at Work for Our Future” PRE-CONVENTION KIT more diverse delegate body that reflects the New York State population does not necessarily have to be achieved via advocating for a quota system. Diversity of delegates could be encouraged via other reforms, such as public financing of delegate campaigns , ballot access reforms, and reforming the multi-member district system (where voters vote for multiple candidates) of electing delegates. However, because the constitution mandates the specific number of delegates to be elected, a constitutional amendment would be needed to achieve a “delegate body of workable size” or any number other than that specified in the constitution. Thus, without such an amendment, based on current League position, the League would not be able to support a constitution convention, even if other reforms are made to the delegate selection process. Page | 27
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Pre Convention Kit - League of Women Voters of New York State

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