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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S3094-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Feb 8, 2011: REFERRED TO ELECTIONS

S3094-2011 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.

S3094-2011 Text

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

                                    3094

                         2011-2012 Regular Sessions

                              I N  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.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00355-01-1