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.