senate Bill S3094

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2011
    • REFERRED TO ELECTIONS
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS

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 the constitutional convention.

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Bill Details

See Assembly Version of this Bill:
A196
Versions:
S3094
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add ยง6-170, El L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A5277, A5277
2007-2008: A2009, A2009

Sponsor Memo

BILL NUMBER:S3094

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:
To prohibit elected officials from qualifying as
delegates for a constitutional convention.

SUMMARY OF PROVISIONS:
Section 1 of this bill amends the Election Law
by adding a new section 6-170. This section states that the Governor,
Lieutenant Governor, Attorney General, comptroller, any state
legislator and any elected county or city official or any person
currently holding an elected office.

Section 2 states the effective date.

JUSTIFICATION:
The New York State Constitution slates that every 20
years on the election ballot will be a question of whether a
constitutional convention should be held. If the people decide that a
convention should be held, there shall be a conventional delegate
election on the ballot the following year.

Due to partisan politics and the fact that elected officials have a
vested interest in maintaining the status quo it is very important
that the people of this state and not career politicians have the
opportunity to be delegates to a constitutional convention. This
bill seeks to prohibit elected officials from being elected delegates
to a 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 more fair and equitable for those citizens
who do not have public recognition.

PRIOR LEGISLATIVE HISTORY:
A.5277 of 2009/2010
New Bill in Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Thirty days after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3094

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

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:
  S 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.
  S 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.
                                                           LBD00355-01-1

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