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

                                  9848

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced  by  M. of A. KOLB -- 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  delegate  selection  process  for  a constitutional
  convention

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "People's Convention Reform Act".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds  that it is only at constitutional conventions that ordinary citi-
zens have the opportunity to reconsider  the  fundamental  structure  of
state government and to assess its effectiveness in light of the current
social,  economic  and political conditions of the day. In providing for
periodic constitutional conventions, the framers of our current document
acknowledged the need to have a dynamic, living and breathing  statement
of  how  government should operate and what limits or controls it should
have on our individual pursuit of life, liberty and happiness.
  Unfortunately the last two constitutional conventions  were  dominated
by  the  politically  connected (two-thirds of the delegates to the 1938
convention and about 83% of the 1967 delegates were  present  or  former
elected   or   party   officials).  To  ensure  the  success  of  future
conventions, we must limit the participation of elected and party  offi-
cials  so  that the conventions can be "People's Conventions" and so the
voices of all New Yorkers, not just those of special interests,  can  be
heard.
  The  legislature  further finds and declares, in furtherance of estab-
lishing a meaningful convention process, that:
  (a) delegates to the convention should be involved and concerned citi-
zens and not elected officials, lobbyists, or party chairmen;
  (b) prior to the convening of the convention, and solely as an aid  to
delegates,  there  should  be  appointed  a  preparatory commission with
adequate time to study the issues, establish a proposed  initial  agenda

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15311-02-4
              

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and procedures, and prepare position papers, with ongoing information to
and participation of the public;
  (c)  insofar as possible, procedures should be established in both the
selection of delegates and in the running of the  convention  that  will
reduce partisanship; and
  (d)  reasonable  time  limits  should  be  placed on the length of the
convention and its costs, so as to assure that  the  operations  of  the
convention  are  not  a burden on taxpayers, and that the convention may
enjoy maximum citizen participation.
  To ensure that future constitutional conventions  are  truly  People's
Conventions,  we  hereby  find and declare that the statutory reforms of
the delegate selection process contained in this act must be enacted.
  S 3. Section 1-104 of the election law is  amended  by  adding  a  new
subdivision 38 to read as follows:
  38.  THE  TERM  "NONPARTISAN  ELECTION"  MEANS  A  PRIMARY, GENERAL OR
SPECIAL ELECTION IN WHICH CANDIDATES SHALL RUN WITHOUT PARTY LABEL,  AND
POLITICAL  PARTIES  ARE PROHIBITED FROM DESIGNATING OR NOMINATING CANDI-
DATES.
  S 4. The election law is amended by adding a new section 2-128 to read
as follows:
  S 2-128. ELECTION OF PARTY COMMITTEE OFFICERS AS  DELEGATES  TO  STATE
CONSTITUTIONAL  CONVENTION.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
IN THE EVENT THAT A PERSON SERVING AS CHAIRMAN, SECRETARY, OR  TREASURER
OF  A  STATE  OR COUNTY COMMITTEE OF A POLITICAL PARTY IS ELECTED TO AND
SWORN AS A DELEGATE TO A STATE CONSTITUTIONAL  CONVENTION,  SUCH  PERSON
SHALL  BE  DEEMED TO HAVE RESIGNED FROM HIS OR HER POLITICAL PARTY POSI-
TION AND THE PROVISIONS OF THIS ARTICLE FOR THE FILLING OF VACANCIES  IN
SUCH POSITION SHALL APPLY.
  S 5. The election law is amended by adding a new section 6-125 to read
as follows:
  S  6-125.  NONPARTISAN  ELECTIONS  OF  DELEGATES  TO  A CONSTITUTIONAL
CONVENTION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  ALL  PRIMARY
ELECTIONS  AND  GENERAL  ELECTIONS  FOR  DELEGATES  TO  A CONSTITUTIONAL
CONVENTION PURSUANT TO ARTICLE XIX OF THE NEW  YORK  STATE  CONSTITUTION
SHALL BE CONDUCTED AS NONPARTISAN ELECTIONS.
  2.  DESIGNATIONS FOR NOMINATION AT A NONPARTISAN PRIMARY FOR DELEGATES
TO A CONSTITUTIONAL CONVENTION SHALL BE  MADE  IN  THE  SAME  MANNER  AS
CURRENTLY  PROVIDED  FOR INDEPENDENT DESIGNATING PETITIONS. ALL ENROLLED
VOTERS SHALL BE QUALIFIED TO SIGN NONPARTISAN DESIGNATING PETITIONS.
  3. NOTWITHSTANDING THE PROVISIONS OF SECTION 6-136 OF THIS ARTICLE  OR
ANY  OTHER PROVISION OF LAW, ALL PETITIONS FOR THE DESIGNATION FOR NOMI-
NATION OF A CONSTITUTIONAL CONVENTION DELEGATE FROM  A  SENATE  DISTRICT
MUST  BE  SIGNED  BY  NOT LESS THAN ONE THOUSAND ENROLLED VOTERS OF SUCH
SENATE DISTRICT AND ALL PETITIONS FOR THE DESIGNATION FOR NOMINATION  OF
A  STATEWIDE, AT-LARGE CONSTITUTIONAL CONVENTION DELEGATE MUST BE SIGNED
BY NOT LESS THAN TEN THOUSAND ENROLLED VOTERS OF THE STATE, OF WHOM  NOT
LESS  THAN  ONE  HUNDRED MUST RESIDE IN EACH OF TEN OF THE CONGRESSIONAL
DISTRICTS OF THE STATE.
  4. THE FORM OF THE DESIGNATING PETITION USED TO MAKE A DESIGNATION  IN
A  NONPARTISAN  PRIMARY SHALL BE SUBSTANTIALLY IN THE FORM PRESCRIBED IN
SECTION 6-132 OF THIS ARTICLE, EXCEPT THAT NO REFERENCE SHALL BE MADE TO
ANY POLITICAL PARTY THEREIN.
  5. UNLESS OTHERWISE PROVIDED IN THIS  SECTION,  THE  SECTIONS  OF  LAW
APPLICABLE  TO  DESIGNATING  PETITIONS FOR NONPARTISAN PRIMARY ELECTIONS
SHALL BE THOSE PRESCRIBED BY THIS ARTICLE.

A. 9848                             3

  6. ALL REGISTERED VOTERS, REGARDLESS  OF  PARTY  AFFILIATION  OR  LACK
THEREOF,  SHALL BE PERMITTED TO VOTE IN THE NONPARTISAN PRIMARY ELECTION
FOR THE NOMINATION OF CANDIDATES FOR  THE  OFFICE  OF  DELEGATE  TO  THE
CONSTITUTIONAL CONVENTION. SUITABLE PROVISIONS MUST BE MADE SO THAT EACH
ELECTOR  MAY  VOTE FOR UP TO THREE OF ANY SENATE DISTRICT CONSTITUTIONAL
CONVENTION DELEGATE CANDIDATES AND  UP  TO  FIFTEEN  OF  ANY  STATEWIDE,
AT-LARGE CONSTITUTIONAL CONVENTION DELEGATE CANDIDATES.
  7. UPON THE CANVASS OF VOTES IN A NONPARTISAN PRIMARY THE NINE CONSTI-
TUTIONAL  CONVENTION DELEGATE CANDIDATES RECEIVING THE HIGHEST NUMBER OF
VOTES IN EACH SENATE DISTRICT AND THE THIRTY  CANDIDATES  RECEIVING  THE
HIGHEST NUMBER OF VOTES AS STATEWIDE, AT-LARGE CONSTITUTIONAL CONVENTION
DELEGATES  SHALL  BE CERTIFIED AS NOMINATED AND SHALL RUN IN THE GENERAL
ELECTION HELD SUBSEQUENT TO THE PRIMARY WITHOUT PARTY IDENTIFICATION.
  8. NO CANDIDATE FOR DELEGATE TO A CONSTITUTIONAL CONVENTION  SHALL  IN
ANY  WAY  USE  OR ALLOW HIMSELF OR HERSELF TO BE ASSOCIATED WITH A PARTY
LABEL IN EITHER THE PRIMARY OR GENERAL ELECTION.
  9. ONCE A PERSON ANNOUNCES HIS OR HER INTENTION TO BE A CANDIDATE  FOR
ELECTION  TO  THE  POSITION OF DELEGATE TO THE CONSTITUTIONAL CONVENTION
AND UNTIL SUCH TIME AS THAT PERSON IS NO LONGER A CANDIDATE OR UNTIL HIS
OR HER SERVICE AS A DELEGATE ENDS, WHICHEVER OCCURS LATER,  SUCH  CANDI-
DATE  FOR  DELEGATE TO A CONSTITUTIONAL CONVENTION SHALL NOT (A) PARTIC-
IPATE IN ANY PARTISAN  POLITICAL  PARTY  ACTIVITIES,  EXCEPT  THAT  SUCH
CANDIDATE  MAY  REGISTER  TO VOTE AS A MEMBER OF ANY POLITICAL PARTY AND
MAY VOTE IN ANY PARTY PRIMARY FOR CANDIDATES FOR NOMINATION OF THE PARTY
IN WHICH HE OR SHE IS REGISTERED  TO  VOTE;  (B)  CAMPAIGN  OR  PUBLICLY
REPRESENT  OR  ADVERTISE HIMSELF OR HERSELF AS A MEMBER OF ANY POLITICAL
PARTY; (C) ENDORSE ANY CANDIDATE OR  POLITICAL  PARTY;  (D)  ACCEPT  THE
ENDORSEMENT  OF  ANY  POLITICAL PARTY; OR (E) SOLICIT OR ACCEPT CONTRIB-
UTIONS FROM ANY POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE OR
POLITICAL COMMITTEE PURSUANT TO SUBDIVISION ELEVEN OF SECTION 14-114  OF
THIS CHAPTER.
  10.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF THE EFFECTIVE DATE OF THIS
SECTION, THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES  AND  REGU-
LATIONS  CONSISTENT  WITH  THIS  SECTION  TO EFFECTUATE THE PURPOSES AND
POLICIES HEREOF.
  S 6. Section 14-100 of the election law is amended  by  adding  a  new
subdivision 15 to read as follows:
  15.  "POLITICAL  ACTION  COMMITTEE"  MEANS  ANY COMMITTEE ESTABLISHED,
FINANCED, MAINTAINED OR CONTROLLED BY ANY PERSON, GROUP  OR  ENTITY  FOR
THE PURPOSE OF SUPPORTING CANDIDATES FOR ELECTED POLITICAL OFFICE AND/OR
OTHER POLITICAL PARTY OR POLITICAL COMMITTEES BY MAKING CONTRIBUTIONS TO
SUCH  CANDIDATES AND/OR THEIR POLITICAL CAMPAIGN COMMITTEES OR BY MAKING
CONTRIBUTIONS TO OTHER POLITICAL PARTY OR  OTHER  POLITICAL  COMMITTEES,
AND DOES NOT MAKE DIRECT EXPENDITURES ON BEHALF OF CANDIDATES.
  S  7.  Section  14-114  of the election law is amended by adding a new
subdivision 11 to read as follows:
  11. NO POLITICAL PARTY COMMITTEE, POLITICAL ACTION COMMITTEE OR  POLI-
TICAL  COMMITTEE  SHALL  CONTRIBUTE  TO  ANY CANDIDATE FOR DELEGATE TO A
CONSTITUTIONAL CONVENTION FOR EITHER THE PRIMARY  OR  GENERAL  ELECTION.
NOR  SHALL  ANY  CANDIDATE  FOR  DELEGATE TO A CONSTITUTIONAL CONVENTION
SOLICIT OR ACCEPT CONTRIBUTIONS  FROM  ANY  POLITICAL  PARTY  COMMITTEE,
POLITICAL ACTION COMMITTEE OR POLITICAL COMMITTEE FOR EITHER THE PRIMARY
OR GENERAL ELECTION.
  S 8. The election law is amended by adding a new article 18 to read as
follows:

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                                ARTICLE 18
          REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
           OR OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL
                     AMENDMENTS BY A CONSTITUTIONAL
                               CONVENTION
  SECTION 18-100.  REGISTRATION AND REPORTS BY CERTAIN PERSONS PROMOTING
OR  OPPOSING  THE  ADOPTION  OF  PROPOSED CONSTITUTIONAL AMENDMENTS BY A
CONSTITUTIONAL CONVENTION.
  S 18-100. REGISTRATION AND REPORTS BY  CERTAIN  PERSONS  PROMOTING  OR
OPPOSING THE ADOPTION OF PROPOSED CONSTITUTIONAL AMENDMENTS BY A CONSTI-
TUTIONAL  CONVENTION.  1.  EVERY PERSON RETAINED OR EMPLOYED FOR COMPEN-
SATION BY ANY PERSON, FIRM, CORPORATION OR ASSOCIATION WHO, ON BEHALF OF
SUCH PRINCIPAL OR EMPLOYER, PROMOTES OR OPPOSES DIRECTLY  OR  INDIRECTLY
THE  ADOPTION  OF A PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS BY A
CONSTITUTIONAL CONVENTION, WHETHER OR NOT  HE  OR  SHE  HAS  A  PERSONAL
INTEREST THEREIN, SHALL, BEFORE ANY SERVICE IS ENTERED UPON IN PROMOTING
OR  OPPOSING  SUCH PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS, FILE
IN THE OFFICE OF THE SECRETARY OF STATE A  WRITING  SUBSCRIBED  BY  SUCH
PERSON  STATING  THE  NAME  OR  NAMES  OF THE PERSON OR PERSONS, FIRM OR
FIRMS, CORPORATION OR CORPORATIONS, ASSOCIATION OR ASSOCIATIONS, BY WHOM
OR ON WHOSE BEHALF HE OR SHE IS RETAINED OR EMPLOYED,  TOGETHER  WITH  A
BRIEF DESCRIPTION OF THE PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS
IN REFERENCE TO WHICH SUCH SERVICE IS TO BE RENDERED.
  2.  IT SHALL BE THE DUTY OF THE SECRETARY OF STATE TO PROVIDE A DOCKET
TO BE KNOWN AS THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, WITH
APPROPRIATE BLANKS AND INDICES, AND TO FORTHWITH ENTER THEREIN THE NAMES
OF THE PERSONS SO RETAINED OR EMPLOYED AND OF THE PERSONS, FIRMS, CORPO-
RATIONS OR ASSOCIATIONS RETAINING OR EMPLOYING  THEM,  TOGETHER  WITH  A
BRIEF DESCRIPTION OF THE PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS
IN  REFERENCE TO WHICH THE SERVICE IS TO BE RENDERED, WHICH DOCKET SHALL
BE OPEN TO PUBLIC INSPECTION.
  3. UPON THE TERMINATION OF SUCH RETAINER OR  EMPLOYMENT  THE  FACT  OF
SUCH  TERMINATION, WITH THE DATE THEREOF, SHALL BE ENTERED IN THE DOCKET
BY THE SECRETARY OF STATE UPON RECEIVING WRITTEN NOTICE TO  THAT  EFFECT
FROM SUCH PERSON OR FROM THE PERSON, FIRM, CORPORATION OR ASSOCIATION IN
WHOSE BEHALF SUCH SERVICE HAS BEEN RENDERED.
  4.  NO  PERSON  RETAINED OR EMPLOYED TO PROMOTE OR OPPOSE, DIRECTLY OR
INDIRECTLY, THE ADOPTION  OF  A  PROPOSED  CONSTITUTIONAL  AMENDMENT  OR
AMENDMENTS  BY A CONSTITUTIONAL CONVENTION SHALL BE ELIGIBLE TO SERVE AS
A DELEGATE TO SUCH CONSTITUTIONAL CONVENTION.
  5. NO PERSON, FIRM, CORPORATION OR ASSOCIATION SHALL RETAIN OR  EMPLOY
ANY PERSON TO PROMOTE OR OPPOSE ANY PROPOSED CONSTITUTIONAL AMENDMENT OR
AMENDMENTS  FOR  COMPENSATION  CONTINGENT  IN  WHOLE OR IN PART UPON THE
ADOPTION OR DEFEAT OF ANY SUCH AMENDMENT OR AMENDMENTS BY THE  CONSTITU-
TIONAL  CONVENTION,  AND  NO  PERSON SHALL ACCEPT ANY SUCH EMPLOYMENT OR
RENDER ANY SUCH SERVICE FOR COMPENSATION CONTINGENT UPON  SUCH  ADOPTION
OR DEFEAT.
  6.  NO  PERSON  SHALL FOR COMPENSATION ENGAGE IN PROMOTING OR OPPOSING
ANY PROPOSED CONSTITUTIONAL AMENDMENT OR AMENDMENTS  BY  SUCH  CONSTITU-
TIONAL  CONVENTION EXCEPT UPON APPEARANCE ENTERED IN ACCORDANCE WITH THE
FOREGOING PROVISIONS OF THIS SECTION.
  7. IT SHALL BE THE DUTY OF EVERY PERSON, FIRM, CORPORATION, PUBLIC  OR
PRIVATE,  OR  ASSOCIATION,  (WHETHER OR NOT REQUIRED TO FILE PURSUANT TO
THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION), NOT LATER THAN APRIL
FIFTEENTH, IN ANY YEAR IN WHICH A CONSTITUTIONAL CONVENTION IS  CONVENED
AND  IN  WHICH  A  PROPOSED  CONSTITUTIONAL AMENDMENT OR AMENDMENTS BY A

A. 9848                             5

CONSTITUTIONAL CONVENTION IS PUT TO THE VOTERS, TO FILE IN THE OFFICE OF
THE SECRETARY OF STATE AN ITEMIZED STATEMENT VERIFIED  BY  THE  OATH  OF
SUCH PERSON, OR IN CASE OF A FIRM BY THE OATH OF A MEMBER THEREOF, OR IN
CASE  OF A DOMESTIC CORPORATION OR ASSOCIATION BY THE OATH OF AN OFFICER
THEREOF, OR IN CASE OF A FOREIGN CORPORATION OR ASSOCIATION BY THE  OATH
OF  AN  OFFICER  OR  AGENT THEREOF, SHOWING IN DETAIL ALL EXPENSES PAID,
INCURRED OR PROMISED DIRECTLY OR INDIRECTLY IN  EACH  YEAR  THROUGH  THE
CONCLUSION OF THE YEAR IN WHICH ANY PROPOSED CONSTITUTIONAL AMENDMENT OR
AMENDMENTS  BY  A CONSTITUTIONAL CONVENTION HAVE BEEN PUT TO THE VOTERS,
IN CONNECTION WITH PROMOTING OR OPPOSING ANY CONSTITUTIONAL AMENDMENT OR
AMENDMENTS WHICH MAY BE PROPOSED AT SUCH CONSTITUTIONAL CONVENTION, WITH
THE NAMES OF THE PAYEES AND THE  AMOUNT  PAID  TO  EACH,  INCLUDING  ALL
DISBURSEMENTS   PAID,  INCURRED  OR  PROMISED  TO  PERSONS  EMPLOYED  OR
RETAINED, AND ALSO SPECIFYING THE NATURE OF SUCH  CONSTITUTIONAL  AMEND-
MENT  OR  AMENDMENTS,  AND  THE  INTEREST  THEREIN OF SUCH PERSON, FIRM,
CORPORATION OR ASSOCIATION; PROVIDED, HOWEVER, NO SUCH  ITEMIZED  STATE-
MENT  NEED  BE FILED IF THE TOTAL OF SUCH ITEMIZED EXPENSES IS LESS THAN
TWO HUNDRED FIFTY DOLLARS.
  8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  THE  STATE  NOR
SHALL SUBDIVISIONS ONE, FIVE AND NINE OF THIS SECTION APPLY TO A COUNTY,
CITY,  TOWN,  VILLAGE,  PUBLIC  BOARD OR INSTITUTION, OR THEIR AGENTS OR
EMPLOYEES; NOR SHALL THE PROVISIONS OF  THIS  SECTION  BE  CONSTRUED  AS
AFFECTING  PROFESSIONAL  SERVICES  IN DRAFTING A PROPOSED CONSTITUTIONAL
AMENDMENT OR AMENDMENTS OR IN ADVISING CLIENTS OR IN RENDERING  OPINIONS
AS  TO  THE  CONSTRUCTION  AND EFFECT OF ANY CONSTITUTIONAL AMENDMENT OR
AMENDMENTS WHICH MAY BE PROPOSED AT SUCH CONVENTION WHERE  SUCH  PROFES-
SIONAL SERVICE IS NOT OTHERWISE CONNECTED WITH CONSTITUTIONAL CONVENTION
ACTION.
  9.  ON  OR BEFORE APRIL TWENTY-FOURTH IN ANY YEAR IN WHICH A CONSTITU-
TIONAL CONVENTION IS CONVENED, THE SECRETARY OF STATE SHALL  FURNISH  TO
EACH  DELEGATE TO SUCH CONVENTION A SUMMARY OF THE INFORMATION CONTAINED
IN THE DOCKET OF CONSTITUTIONAL CONVENTION APPEARANCES, AND ON OR BEFORE
SUCH DATE SHALL ALSO TRANSMIT TO THE PRESIDENT  OF  SUCH  CONSTITUTIONAL
CONVENTION  A  COPY  OF EVERY STATEMENT FILED IN HIS OR HER OFFICE UP TO
AND INCLUDING SUCH DATE PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  10. EVERY PERSON, EVERY MEMBER OF ANY FIRM, AND EVERY  ASSOCIATION  OR
CORPORATION  VIOLATING  ANY  PROVISION  OF THIS SECTION AND EVERY PERSON
CAUSING OR PARTICIPATING IN A VIOLATION THEREOF SHALL  BE  GUILTY  OF  A
MISDEMEANOR AND, IN CASE OF AN INDIVIDUAL, SHALL BE PUNISHABLE BY IMPRI-
SONMENT  IN  A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR OR
BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR BY BOTH, AND, IN CASE
OF AN ASSOCIATION OR CORPORATION, BY A FINE OF NOT MORE THAN  ONE  THOU-
SAND  DOLLARS.  IN  ADDITION  TO  THE PENALTIES HEREINBEFORE IMPOSED ANY
CORPORATION OR ASSOCIATION FAILING TO FILE  THE  STATEMENT  OF  EXPENSES
PRESCRIBED  BY  THIS SECTION SHALL FORFEIT TO THE PEOPLE OF THE STATE OF
NEW YORK THE SUM OF ONE HUNDRED DOLLARS PER DAY FOR EACH  DAY  FOLLOWING
THE EXPIRATION OF THIRTY DAYS AFTER THE TIME FIXED BY SUBDIVISION SIX OF
THIS  SECTION FOR FILING SUCH STATEMENT, TO BE RECOVERED IN AN ACTION TO
BE BROUGHT BY THE ATTORNEY GENERAL.
  S 9. Section 30 of the public officers law is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  WHENEVER  ANY STATE OR LOCAL OFFICER, AS THOSE TERMS ARE DEFINED
IN SECTION TWO OF THIS CHAPTER, IS ELECTED AND SWORN AS A DELEGATE TO  A
STATE  CONSTITUTIONAL  CONVENTION,  SUCH OFFICIAL WILL BE DEEMED TO HAVE
VACATED HIS OR HER STATE OR LOCAL OFFICE AND THE  SAID  OFFICE  WILL  BE

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DEEMED  VACANT  FOR  PURPOSES  OF  THE  NOMINATION  AND APPOINTMENT OF A
SUCCESSOR.
  S  10.  No later than 180 days prior to the convening of the constitu-
tional convention, and solely as an aid to  delegates,  there  shall  be
appointed  a  constitutional  convention  preparatory  commission  whose
purpose shall be to study the issues, establish a proposed initial agen-
da and procedures, and prepare position papers, with ongoing information
to and participation of the public. Members of the commission  shall  be
appointed  as  follows: two each by the governor, the majority leader of
the senate and the speaker of the assembly, and one each by the minority
leader of the senate and  the  minority  leader  of  the  assembly.  The
members shall elect a chair.
  S  11.  Severability. If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such  judgment
shall  not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the provision of this  act,  or  in  its
application  to  the  person  or  circumstance, directly involved in the
controversy in which such judgment shall have been rendered.
  S 12. This act shall take effect immediately.