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

                                  1959

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Election Law

AN  ACT  to  amend  the  election  law  and  the public officers law, in
  relation to the selection and service of delegates to a constitutional
  convention

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and  declarations. The legislature
hereby finds and declares that in order for a constitutional  convention
to  produce  meaningful  and  desired  reform,  the  convention process,
including the selection of delegates, must itself be reformed.    Deleg-
ates  to  the  convention should be involved, concerned citizens and not
legislators or other elected officials. Those who are not already a part
of state or local government can better provide an objective  evaluation
of  issues  and  problems  which need to be addressed.   The legislature
therefore finds that in order for a constitutional convention to  accom-
plish  the much needed reforms to the state constitution and to ensure a
better, efficient, and  responsive  government,  those  in  governmental
policy-making  positions  should not be considered to serve as delegates
to the convention.
  S 2. Subdivision 7 of section 14-100 of the election law,  as  amended
by chapter 480 of the laws of 1987, is amended to read as follows:
  7.  "candidate" means an individual who seeks nomination for election,
or election, to any public office or party position to be voted for at a
primary, general or special or New York city community  school  district
election  or  election for trustee of the Long Island Power Authority OR
AS A DELEGATE TO A CONSTITUTIONAL CONVENTION, whether or not the  public
office  or  party position has been specifically identified at such time
and whether or not such individual is nominated  or  elected,  and,  for
purposes  of  this  subdivision,  an  individual shall be deemed to seek
nomination for election, or election, to an office or position, if he OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03130-01-9
              

A. 1959                             2

SHE has (1) taken the action necessary to qualify himself OR HERSELF for
nomination for election, or election, or (2) received  contributions  or
made  expenditures,  given  his  OR  HER consent for any other person to
receive  contributions  or  make  expenditures,  with a view to bringing
about his OR HER nomination for election, or election, to any office  or
position  at any time whether in the year in which such contributions or
expenditures are made or at any other time; and
  S 3. The election law is amended by adding a  new  section  14-117  to
read as follows:
  S  14-117.  CONTRIBUTION LIMITATIONS; CONSTITUTIONAL CONVENTION DELEG-
ATES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
PERSON,  FIRM, PARTNERSHIP, CORPORATION, ORGANIZATION, COMMITTEE, OR ANY
OTHER ENTITY SHALL MAKE A CONTRIBUTION TO ANY CANDIDATE FOR ELECTION  AS
DELEGATE  TO  A CONSTITUTIONAL CONVENTION, AND NO CANDIDATE OR POLITICAL
COMMITTEE MAY ACCEPT ANY CONTRIBUTION ON BEHALF OF SUCH CANDIDATE FROM A
CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN  ONE  HUNDRED
DOLLARS IN ANY  CALENDAR YEAR.
  S  4.  The public officers law is amended by adding a new section 73-c
to read as follows:
  S 73-C. RESTRICTIONS ON SERVICE AS  A  DELEGATE  TO  A  CONSTITUTIONAL
CONVENTION.  NO  STATEWIDE  ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE,
PERSON REGISTERED AS A LOBBYIST,  OR  POLITICAL  PARTY  CHAIRPERSON,  OR
STATE,   LOCAL,  OR  LEGISLATIVE  OFFICIAL  OR  EMPLOYEE  WHO  IS  IN  A
POLICY-MAKING POSITION SHALL BE ELIGIBLE TO RUN FOR OR TO BE ELECTED  AS
A DELEGATE TO  A CONSTITUTIONAL CONVENTION. THE TERMS "STATEWIDE ELECTED
OFFICIAL" AND "POLITICAL PARTY CHAIRMAN" SHALL HAVE THE SAME MEANINGS AS
SET FORTH IN SECTION SEVENTY-THREE-A OF THIS ARTICLE.
  S  5. The provisions of this act shall be severable, and if the appli-
cation of any clause, sentence, paragraph, subdivision, section or  part
of this act to any person or circumstance shall be adjudged by any court
of  competent jurisdiction to be invalid, such judgment shall not neces-
sarily affect, impair or invalidate the application of any such  clause,
sentence, paragraph, subdivision, section, part of this act or remainder
thereof,  as  the  case may be, to any other person or circumstance, but
shall be confined in its operation to the clause,  sentence,  paragraph,
subdivision, section or part thereof directly involved in the controver-
sy in which such judgment shall have been rendered.
  S  6.  This  act  shall take effect immediately and shall apply to any
constitutional convention approved by the people by a vote in  the  next
general election.