Bill S3094-2011

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

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.






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


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


STATE OF NEW YORK ________________________________________________________________________ 3094 2011-2012 Regular Sessions IN SENATE 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.


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