League of Women Voters of New York State
Constitutional Convention Delegation
Selection Process Position Update
Prepared by the League of
Women Voters of the
Rochester Metropolitan
Area
How does the New York State Constitution get
amended?
Article XIX of the New York State constitution defines two
methods:
1. Passage by two consecutively elected legislatures
2. By constitutional convention
In either case, a proposed amendment does not become
effective until the voters of New York State, by referendum,
approve it.
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When is a Constitutional Convention held?
There are two ways to call a constitutional convention. Article
XIX:
1. provides that every 20 years, there shall be submitted to
referendum the question, “Shall there be a convention to
revise the constitution and amend the same?”
2. authorizes the Legislature to put the convention question
to referendum at other times.
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What is the role of the public?
The public must vote on:
• Whether to hold the convention,
• The election of delegates, and
• Approval of any amendments to the constitution.
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What is the current LWVNYS position?
CONSTITUTIONAL CONVENTION
Statement of Position
As announced by the State Board, February 1993, revised June 1993
The League of Women Voters of New York State does not support or oppose the holding of a constitutional
convention.
The League of Women Voters of New York State recognizes that a constitutional convention is an acceptable (legal)
method of amending the New York State Constitution and that the provision requiring periodic mandatory
submission of the question of calling a convention is a proper procedure.
The impetus for a convention between the mandated twenty-year referenda should come from the public. However
we feel that certain principles are essential throughout the process:
•
•
•
•
Education and involvement of the public must be an integral part of each phase of the
process.
Planning should be given adequate time and sufficient funding.
Nonpartisanship is essential.
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What is the current LWVNYS position?
CONSTITUTIONAL CONVENTION
Statement of Position
As announced by the State Board, February 1993, revised June 1993 (continued)
The League believes that specific conditions should be incorporated in the policies and procedures established for
constitutional conventions:
•
•
•
Pre-Convention Commission: A preparatory commission should be appointed with adequate time to study the
issues, establish the agenda and procedures and prepare position papers for the convention. Such a commission
should provide ongoing information to the public and solicit its participation.
Convention delegates: 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. Present office holders should not be
eligible to serve as delegates; however, they might be considered as consultants. A constitutional amendment
will be necessary to meet some of these criteria.
Convention process: Procedures must be put in place to reduce partisanship, by assuring that committees and
committee chairmanship are beyond party control.
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What is the current LWVNYS position?
CONSTITUTIONAL CONVENTION
Statement of Position
As announced by the State Board, February 1993, revised June 1993 (continued)
Reasonable time limits must be placed on the length of the convention and its costs.
The issues to be considered must be determined in advance by the pre-convention commission and researched by
position papers, which are complete and available at the time of the convention. Meetings of the delegates should
be open, held at acceptable convenient hours, with full media coverage.
•
Ballot Issues: Widespread public hearings and adequate voter education are necessary prior to the
placement of referenda on the ballot. Constitutional amendments recommended by a convention should be
submitted to the voters as separate issues.
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What part of the position are we discussing
today?
Just one section:
• Convention delegates: 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. Present office holders should not be eligible to serve as
delegates; however, they might be considered as consultants. A
constitutional amendment will be necessary to meet some of these
criteria.
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Why are we considering updating it?
The purpose of this update is to determine whether there is member
agreement on updating the Delegate Selection portion of the League 1993
Constitutional Convention position.
• To make it more flexible and adaptable for the future (bringing it more
in line with most League positions), and
• To clarify how the board should consider any reforms or lack thereof to
the delegate selection process as part of the decision on whether or not
to support the proposal for a constitutional convention when it comes
up again for a vote in 2017.
This update is not intended to consider whether or not the League will
support or oppose the proposal. The state board will decide that question
in light of current policy concerns and the entire League position.
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But, why are we considering updating it?
The last time the proposal for a constitutional convention was on the statewide ballot was
1997 and it was voted down.
• The League was one of the main groups opposing the 1997 proposal under the 1993
Constitutional Convention position.
The wording of the current position implies that unless all those changes to the delegate
selection process were previously enacted in the constitution, the LWVNYS board cannot
support a Constitutional Convention.
• The board minutes and reports indicate changes to the delegate selection process were
factors to be considered in the decision whether or not to support a convention, not as
necessary to that decision.
• Additionally, public financing was approved, but left out of the final position.
If approved, this update will put the position in clearer language and make the above
distinction part of the position.
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Why do we want changes to the delegate selection
process?
The last Constitutional Convention was held in 1967:
• The 1967 convention was the result of legislative initiative (as opposed to the
vote every 20 years)
• The convention leadership was the legislative leadership
• The public rejected the constitution it produced at the polls (it was presented as
a package)
There were:
• concerns expressed prior to the 1967 vote over the delegate selection process
• criticism of the 1967 convention process as “closed”
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In that case, why would we support a convention
without an improved selection process?
Reform of the delegate selection process is entirely in the hands
of the state Legislature
Requiring the Legislature to pass specific delegate selection reforms as a prerequisite
to calling for a constitutional convention gives the Legislature a means of blocking the
only process by which citizens can directly change the constitution.
Reform
=
Convention
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What concerns does the updated position address?
• Clarifies that these reforms are a consideration, not a necessary component, in
deciding whether or not to support a constitutional convention.
• Drops the ambiguous “workable size” and revises the representation language.
• Adds public financing for delegates, as was intended to be in the position according
to contemporary materials.
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What is the updated position on delegate
selection?
The League supports the following reforms as positive factors in deciding on support
for a constitutional convention.
• Delegates should be elected by a fair nonpartisan process that complies with federal
voting rights provisions and eases ballot access to encourage participation by racial
and other minorities.
• Public financing should be provided for candidates and positions on issues and
convention goals should be widely publicized to enable voters to cast informed
votes at their election.
• Statewide office holders, state or federal legislators, and state judges should not
serve as delegates.
(Position is in a paragraph format; bullets added for clarification)
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Consensus Question
We support the updated position on convention delegates
or
We wish to retain the current position
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THANK YOU!
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