Showing posts with label New York State government. Show all posts
Showing posts with label New York State government. Show all posts

Sunday, August 9, 2020

VOTING 101: A blog with answers to all of your questions about voting in NYS

 

Registering to Vote, Early Voting and other Election Law Changes

The History & Political Science Department encourages all students, faculty, and staff to exercise their political and civil rights by registering to vote and participating in the electoral process. In the meantime, here is some quick information to help you understand voting in New York State with some important updates.

The 2020 General Election is November 3, 2020.
The last day to register to take part in this election is October 9, 2020 (25 days in advance). 


Registering to Vote

How do I check if I'm already registered to vote or not? 

You can look up your voter registration information with the New York Board of Elections. 

How to I register to Vote? 

New York Voter Registration forms are always available through the New York State Board of Elections online in both an English Version Voter Registration Form and a Spanish Version Registration Form. You can also pick up a paper voter registration form in the History & Political Science Department. Just stop by DS 139 and ask for a blank voter registration form: we are always happy to help you with any questions you might have about the voting registration process.

Alternatively, you may register to vote through the DMV voter registration website if you have an account (i.e. drivers license or automobile registration).  

Am I Eligible to Vote? 

In order to vote you must: 

  • be a United States citizen;
  • be 18 years old by December 31 of the year in which you file this form (note: you must be 18 years old by the date of the general, primary or other election in which you want to vote); 
  •  live at your present address at least 30 days before an election; 
  •  not be in prison or on parole for a felony conviction; 
  •  not be adjudged mentally incompetent by a court;
  •  not claim the right to vote elsewhere (or vote elsewhere).

At what address should I register? 

If you are a college student, you may register at either your local college address (provided you will have lived there for at least 30 days before the election) or at your home-town address. The address at which you are registered to vote will determine your polling place on election day.  

So, if you want to vote at a polling place near Daemen you should register using your local (Erie County) address or fill out a change of registration card by the registration deadline. If you register to vote at your home-town address, you will need to request an absentee ballot (or travel home to vote). For example, if you are currently registered to vote in NYC and are not able to travel back to cast your ballot then you will need to apply for an absentee ballot, or change your registration to your college-residence address. 

What do I do with my completed voter registration form? 

Once you've filled out and signed the form you should then mail it to the county board of elections (county in which you are registering to vote). In Erie County, the address is: 134 West Eagle St., Buffalo, NY 14202.  You can look up the addresses for other New York county Boards of Elections

What is the deadline for registering to vote in the 2020 General Election (November 3, 2020)? 

Voter Registration forms must be postmarked no later than October 9, 2020 and received by a county Board of Elections no later than October 14 in order for you to be eligible to vote in the General Election on November 3. If you register at one of our registration tables on campus, the H&P Department will mail your form in for you. 

You may also register in person at the Erie County Board of Elections on 134 West Eagle St. in Buffalo or at any Department of Motor Vehicles (DMV) up to October 9, 2020.

What happens after I mail in my voter registration form? 

Once the board of elections has received the form, they will process the registration and you will receive your voter registration card in the mail (at the address you listed on the form). If you registered through the DMV website, it may take a little longer for the board of elections to receive the transfer of information and process your registration. 

Your voter identification card will list the polling location where you must report to vote based on your registration address. If you misplace the card, you can look up your voter registration information with the New York Board of Elections. 

I already registered, how do I change or update my information/address?

New York recently passed laws to make your voting registration more portable with electronic voting rolls/database. But it is still a good idea to always fill out a new voter registration form when you move. You can update or change your name or address at any time simply by filling out a new voter registration form and mailing it, same as above, to your county Board of Elections. You can also fill out a new form to change your party registration, but please note that in New York, party membership changes will not be processed until after the next general election (see below).

Should I register as a member of a political party (i.e., declare party affiliation)?

In New York you may only vote in a political party's primary (nominating) elections if you are a registered member of that political party. So, if you want to vote in the primary elections, you should select the box to register for the party in whose primaries you wish to regularly participate. This is Box 14 of the voter registration form. Checking a box means that you will be recorded as member of that party and will be eligible to vote in that party's primary elections (and only that party's primary elections).  

If you do not wish to affiliate with a political party (i.e, you want to be registered as an independent), you should check “No Party” at Box 14. New York law currently does not let unaffiliated voters participate in partisan primary elections. Be aware that New York has an organized “Independence Party” -- if you check that box it does not mean you are registering as an independent, it means you wish to be a registered member of the Independence Party.  

The board of elections provides more information on changing your party registration

If I register with a political party does that mean I’m stuck voting for their candidate in the general election?

No.  Registering as a member of a political party only affects your eligibility to vote in that party’s partisan primary elections (these are intra-party elections that are held before the general election in which the party members decide which candidate to nominate). In a primary election, only registered members of that party can receive the party’s ballot and may vote on which person they want to be the party’s nominee.

Declaring partisan affiliation does not in any way affect which candidate or party you may vote for in the general election. In the general election, everyone receives the same ballot with the candidates of all parties listed. You may vote for whichever candidate/party you prefer for each race in the secrecy of the ballot box. You may vote a so-called straight ticket (vote for all of a particular party’s candidates) or split your ticket (cast a vote for which ever candidate you like best for each office – i.e. vote for the Republican candidate for some offices and the Democratic candidate for others). 

Absentee Voting 


I'm not able to go to my polling place on the day of the election, how do I vote by Absentee ballot?

If you know that you will not able to report to your registered polling place on election day for any of the reasons listed below, then you will need to request an absentee (mail in) ballot in advance (see above). Information on requesting an absentee (mail-in) ballot, along with the absentee ballot request form. The completed absentee ballot application must be mailed to your county board no later than the seventh day before the election or, if delivered in person, no later than the day before the election.

For the November 3, 2020 General Election, the last day to postmark your absentee ballot request is October 27, 2020. The last day to make an in-person absentee ballot request is November 2.

If you are filling out a new voter registration form (i.e., registering for the first time) you can simply check the box on Item 15 in order to have an absentee ballot application sent to your local address.

New for the 2020 General Election 

You are eligible to vote absentee if you are: 

  • Absent from your county or, if a resident of New York City, absent from said city, on Election Day.
  • Unable to appear at the polls due to temporary or permanent illness or disability; or because you are the primary care giver of one or more individuals who are ill or physically disabled.
  • A patient or inmate in a Veterans' Administration Hospital.
  • Detained in jail awaiting Grand Jury action or confined in prison after conviction for an offense other than a felony.
  • prefer to vote by mail rather than in person due to the COVID-19 pandemic
  • on active duty in the uniformed service or an eligible spouse or dependent of such individual
  • a US citizen living outside the country
  • a voter with special needs and require a special ADA compliant ballot

Daemen students who are registered to vote outside of Erie County should check "absent from county" when filling out your absentee ballot request form. The county board of elections will process the request and mail you an absentee ballot at the address you indicate on the request application.

In response to COVID-19 New York has enacted legislation that allows all New York State voters to vote by absentee ballot using the "temporary illness" cause. You may apply to vote by absentee ballot more than 30 days ahead of the election; and Boards of elections will now process absentee ballots received in their office up to the the day after the election that do not have a visible postmark date.

Erie County has also set up a new absentee voter portal!

This is now the most efficient way to apply for an absentee or mail-in is by using our on-line portal. This avoids transcription errors and the necessity and delays accompanying the sending of your request through the mail. You will receive immediate confirmation of your request. This portal will remain active for requests through 11:59 pm on October 27,2020.

You may check on the the status of your absentee ballot (whether your request or returned ballot has been received).

Returning your Absentee Ballot 

If you requested an absentee ballot, the ballot itself will be mailed to you at the address you listed on the application form. Do not expect to receive the ballot until after September 18. That is because the elections boards cannot print and send them out until the date for certifying the ballot has passed. 

You must mark and return the ballot to actually cast your vote. You can either mail it back, or drop it off in person: 

  • Absentee ballots must be post-marked by November 3 (if returned by mail). It must be received by the board of election by November 10. If you can mail it early, you probably want to do so, just to be extra sure it reaches the board of elections by the deadline. If the post mark is missing or blurred, your ballot will still be counted as long as it is received by the board of elections by November 4. 
  • You also have the option of returning your absentee ballot by dropping it off at an early voting site during the 9 days of early voting (October 24-November 1), or by returning it to any polling place on election day (November 3). 
  •  If you cannot pick up your ballot in person, or will not be able to receive it through the mail, you have the right to designate someone to pick it up and return it for you. Only the person who is designated on your absentee ballot application may pick up and deliver your ballot in person.

Should I be worried about sending my ballot by mail? 

Generally speaking, no. Absentee (or voting by mail) is both secure and convenient. New legislation in New York requires all ballots received by the BOE up to the day after the election to be counted, even if the postmark is missing or illegible. Ballots that are postmarked by November 3 will be counted if received by the county board of elections up to 7 days after the election. 

There have been changes at the USPS recently, however, that have led to legitimate concerns about mail delivery being slowed down or delayed. Additionally, new rules and the anticipated higher volume of absentee votes puts extra burdens on the county boards of elections to verify and count them. It may be prudent this cycle, to mail your ballot as early as you can and not wait until the last minute, just to be extra sure. This is especially the case for absentee voters in NYC since the city has the highest volume of ballots to process. 

Also, make sure that you follow the instructions on the ballot exactly. Failure to do so will disqualify your ballot, and/or may require a follow-up by the board to verify before it can be counted.  Make sure you follow the instructions, including signing the right spot on the back of the envelope and return only your ballot (not the instructions) in the envelope. 

If you do not want to worry about voting absentee (which does require the steps of requesting a ballot and then returning the actual ballot by mail), please remember that there is early voting.  You can also can make an in person request and return your ballot directly to your county board of elections, or drop it off an an early voting site during the 9 days of early voting, or at any polling site on election day.

Voting: How do I cast my ballot and how does it all work?

Early Voting in New York

For the 2020 General Election (November 3), the early voting period is October 24, 2020 to November 1, 2020. 

Note: There is no early voting on November 2 (the day before the election). This is so the board of elections can get all polling places ready for November 3.

Early voting works a little differently. To vote early, you must report to a designated early voting site, the location and hours of which will be determined by each county. So, you will want to check the board of elections website for the county in which you are registered to vote. Erie County will have 37 early voting sites during the early voting period.

The hours for early voting (all Erie County locations) are: 

Monday-Friday Noon-9pm

Saturday-Sunday Noon-6pm

The process of actually voting is simple—you will have to sign the poll book (which may be a paper book or electronic). You will receive a ballot and instructions on how to submit your ballot in the available scanner. There will be a sample ballot posted you can refer to before receiving your official ballot and casting your vote.

To vote early you still must be registered to vote. The voter registration deadline is October 9, 2020. You do not need an excuse to vote early in the general election – it is an option for your convenience. Please note: there is no early voting on the day before the election (November 2). 

Time Saving Tip: When early voting, if you take your voter registration card with you, they can use the barcode on the back to more quickly retrieve your voter registration information in the electronic rolls. The early voting sites will not, in most cases, be your regular polling site. Erie county has 37 early voting sites.

Is my early voting ballot counted early? 

No, your ballot will be counted along with the ballots cast on November 3. You only get to vote once—if you vote early, you have cast your ballot and do not get to vote again or “change your vote” by voting on election day.  

What if I run into a problem trying to vote early?

As on election day: if, for any reason, you are told you are not registered or eligible to vote, you may ask for a provisional (or affidavit) ballot—this allows you to cast a provisional vote. The Board of Elections will review your registration and qualifications and, if it is determined that you are in fact entitled to vote, your provisional ballot will be counted. If they determine that you are not entitled to cast a vote, they will destroy the ballot. 

If I voted early but change my mind, can I vote again on election day?

You legally only get to cast a single vote in any election. If you voted early, you have cast your vote and cannot vote again on election day. 

If you requested an absentee ballot and did not receive it or did not mail it in, you can go the polling place during early voting or on November 3 and cast an in person vote.  

But, if you completed and mailed an absentee ballot, there is no need to vote in person. If you do, only the in person vote will be counted. All absentee ballots signatures are compared to poll book signatures from early voting and Election Day and any voter who voted in person will have their absentee ballot disqualified.  Double voting or illegally voting is a crime in New York State. It is also a waste of your time and state resources -- they have strict verification procedures to ensure there is no double voting or attempted voter fraud. 

If you do have a specific worry/question about your absentee ballot being received or think you erred in correctly filled out, I recommend that you contact the board of elections directly. They will advise as to whether it is appropriate for you to vote in person or can help you fix/verify your absentee ballot. 

Whichever way you decide to vote (by absentee, early, or on election day), you should plan on voting only once and doing correctly. For absentee voters, that means, take the time to fill in your absentee ballot correctly, mail it with extra time to spare, and use the track ballot function. 



Voting at the Polls on Election Day 

Election Day Voting: How do I vote in Person?

To vote in person on election day, you must report to the designated polling place for the address at which you are registered to vote. If you misplace the card, you can look up your voter registration information with the New York Board of Elections. 

In New York, POLLS OPEN AT 6 AM - CLOSE AT 9 PM on election day.

I have never voted before, what can I expect? 

There will be trained poll workers to assist you at the polling place. Generally, there is a line/table with poll workers where you check in. The voter registration check-ins are sometimes divided by precinct—your precinct number is indicated on your voter registration card. If you do not know it, just tell the poll worker where you live (the address at which you are registered to vote) and they will tell you which table at which to check-in. The poll workers will check the voter registration rolls/poll book for your name.

Once you are verified as properly registered (i.e. you are listed in the voter roll), you will be asked to sign the poll book (electronic) and will be given a ballot and necessary directions by the poll workers as to the voting process.

Erie County uses a DS 200 ballot scanner. You will be given a paper ballot (usually in a privacy folder) and directed to booth or area where you complete the ballot in privacy behind a cardboard screen.  You will then feed the completed paper ballot into a scanning machine in order to have it counted.  A poll worker will be standing by in case you have any trouble with the machine. There is a how to vote video and information about various voting equipment available for your review. If you encounter any difficulties, just ask a designated poll worker for assistance. 

Do I need photo (or other) ID to vote? 

First time voters are recommended to bring ID to the polls as some election inspectors will verify ID for first time voters. They will be looking for a signature match to your voter registration form. New York does not have a voter ID requirement but it does not hurt to have some form of ID with you when you go to the polls in the event your identity, signature, or eligibility is challenged by a poll worker. 

What if I am turned away at the polls or told I am not registered to vote? 

If, for whatever reason, a poll worker tells you that you are not eligible to vote and you believe that this is an error and that you are lawfully entitled to vote, you may ask for a provisional ballot (sometimes called an affidavit ballot).  

Provisional ballots (aka an affidavit ballot) are set aside until the Board of Elections clarifies your eligibility/registration status. If it is determined that you are legally entitled to vote, your ballot will be counted.  If it is determined that you are not eligible/properly registered, the ballot will be destroyed.  

You will be asked to fill out/sign an affidavit as to your eligibility/status when casting a provisional ballot.

Is there anything else I should know about going to the polling site?

Polling places will usually have a sample ballot posted near the entrance or registration desk. If you want a chance to study before you receive your official ballot, ask if there is a sample ballot you can look at prior to getting in line to vote.

New York prohibits electioneering in and around polling places, so leave any campaign paraphernalia behind and do not wear clothing with partisan labels, slogans, or candidate names into the polling place to avoid being asked to leave. There are sometimes partisan poll watchers present. These are members of a political party who observe voting for procedural irregularities or equipment issues. They should not interfere with your casting of your ballot. If anyone approaches you or challenges you, ask to speak to a poll worker and/or the poll supervisor. If you go with a buddy, you cannot fill out your ballots together. If another voter asks you for help with voting, direct them to speak with a poll worker.

Also, you should not take voting selfies or pictures with your cell phone near or around the voting machines or in the check-in area. It is both the law, and considerate to other voters. Some polling places do have cool stickers that say "I voted" -- slap your sticker on and take your selfie after you've left the polling place.

What if I'm working on Election Day? 

New York does not allow voting by absentee ballot due to your work schedule, but it does entitle all workers who do not have at least four consecutive hours free during the period in which the polls are open, to take time off of work (without a loss of pay for up to two hours) in order to vote. Please note that the law requires that you notify your employer and verify eligibility at least 2 days (but no earlier than 10 days) before election day.  You can read the law here and should consult with your employer.

Alternatively, you can take advantage of the early voting period!

Protecting Victims of Domestic Violence

New York law allows victims of domestic violence who obtain a court order from NY Supreme Court, Family Court or County Court in the county where they are registered to have their voter registration record kept separate and apart from other registration records and not be made available for inspection or copying by the public or any other person, except election officials acting within the course and scope of their official duties. Under a separate section of the law (11-306), you can also be excused from going to your polling place to vote and get a special ballot. For further information, you should contact your local board of elections for their confidential registration and special ballot procedures.

This blog is all about New York. What if I'm an Out-of-State Resident/Voter? 

If you are not a New York state resident, you may register to vote by completing the National Mail Voter Registration Form. You may also contact your State's board of elections for state-specific information on registration and absentee voting rules in your state of residency. 

You can also find more information on Military and Overseas Federal Voting

Still have questions?

Feel free to stop by the History & Political Science Department for help (or email lparshal@daemen.edu). We're always happy to answer your question or to direct you to the right place to get the right information.  And remember, you can always contact the NY State Board of Elections, or the Erie County Board of Elections, directly for voter registration assistance. 


 


 

Tuesday, October 10, 2017

History and Politics Event Series Presents: The New York State Constitutional Question

Ballot Choice 2017: Open Classroom Presentation 


On November 7, 2017, the voters of New York will confront a ballot question: “Shall there be a convention to revise the constitution and amend the same?” The New York State Constitution (Article XIX) mandates that this question be presented to the voters at least every 20 years. For a brief history and discussion of the convention process, see my earlier blog post and Chair’s report from the 2017 New York State Political Science Association Meeting.


The constitutional convention question is a unique opportunity for voters to review the foundation of New York State's governance and to compel a convention to study and propose necessary changes. The best way to make an informed decision on the ballot vote is to learn everything one can about the process. With less than a month to go before the vote, many New Yorkers have heard very little about the convention, or have received misinformation about the process and possible outcomes.

To help our students and interested members of the community better understand the process and issues, the History and Politics Event Series will offer a free public lecture on the New York State Constitutional Convention Question: Ballot Choice 2017. Two of the authors of New York’s Broken Constitution (2016 SUNY-Albany Press) will address the convention question in light of New York’s constitutional history, with an emphasis on the moment of opportunity that the 2017 ballot choice represents. The presentation will be followed by an opportunity for audience Q&A. This open classroom lecture is free and open to members of the public. 

The event will begin at 6:00 pm in Room 236 Duns Scotus Hall
Daemen College Main Campus
4380 Main Street, Amherst NY   

For questions, please contact Dr. Lisa Parshall (lparshal@daemen.edu), Associate Professor of Political Science and Section Chair, State and Local Politics, New York Political Science Association (NYPSA).

About the Speakers


Christopher Bopst, Chief Legal and Financial Officer at Sam-Son Logistics
Christopher Bopst is the Chief Legal and Financial Officer at Sam-Son Logistics in Buffalo, New York. Before that, he was a constitutional litigation partner at law firms in New York and Florida. He is the co-author with Professor Peter Galie of the leading reference work on New York’s State Constitution, The New York Constitution 2nd ed.(Oxford University Press, 2012), as well as numerous articles on the state constitution. He is also a contributor to and co-editor with Peter Galie and Gerald Benjamin) of a volume of essays entitled New York’s Broken Constitution: The Governance Crisis and the Path to Renewed Greatness (SUNY Press, 2016). In 2016, he was appointed to a Judicial Task Force on the New York Constitution formed to advise the Chief Judge and the New York Court System on issues related to the upcoming vote in 2017 on the holding of a constitutional convention.

Peter J. Galie, Emeritus Professor of Political Science, Canisius College
Peter J. Galie is Emeritus Professor of Political Science, Canisius College in Buffalo, New York. He is the author of Ordered Liberty: A Constitutional History of New York (Fordham Press, 1996);with Christopher Bopst, The New York State Constitution, 2nd ed. (Oxford University Press, 2012) ; an co-editor with Christopher Bopst and Gerald Benjamin, New York’s Broken Constitution: The Crisis in Governance and the Path to Renewed Greatness (SUNY Press, 2016). Other publications include The New York Constitution and the Federal System,” in the Oxford Handbook on New York State Government (Oxford University Press, 2012) and numerous articles on state constitutional law. He was an expert witness retained by the Attorney General of New York to prepare a report for the A-G’s appellate brief in Hayden v. Pataki, “The Felony Disenfranchisement Clause of the New York Constitution 1821–1938: Background, Chronology, Origin & Purpose” (June, 2004), and co-author, amicus brief submitted to the New York Court of Appeals in the case of Skelos v. Paterson (2009) on the question: “Does the Governor have the authority to fill a vacancy in the Lieutenant-Governor’s Office by appointment?” In 2016 he was appointed to a Judicial Task Force on the New York Constitution formed to advise the Chief Judge of the Court of Appeals on issues related to the upcoming vote in 2017 on the holding of a constitutional convention.

Monday, April 24, 2017



Chair's Report on the State and Local Politics Section of the New York State Political Science Association’s 71st Annual Conference

Why State and Local Politics Matter

I love teaching State and Local Politics. As citizens, our lives are directly impacted by the choices made by our state and local elected officials.  Polling demonstrates that citizens feel closer to and have more trust in local governing bodies than they do in our national institutions.  

Yet, there is an unfortunate lack of civic knowledge and literacy particularly regarding politics at the state level.  For many people, their daily news intake is focused on national politics (and it is not as if there is nothing to see nowadays) or on the very local -- what’s happening in their own back yard or community.  For those living outside of the capital region, the regular workings of State government are not as regularly covered by the media they consume – and what is covered may be disproportionately focused on the dysfunctional or corrupt. 

I’ll admit it: when I teach state and local government, I often focus on the dysfunction as a hook for generating student interest.  In this respect, New York is the gift that just keeps on giving.  Following a lecture just after the 2009 state senate coup, I remember a non-major approaching me after class to pronounce the whole affair as “wicked interesting” and to express shock that so many New Yorkers (himself included) could be blissfully unaware of the high drama and low comedy playing out in our statehouse.  Another semester, the class kept busy resetting the “legislative arrest clock” (seeing how many consecutive days we could go without a legislative indictment or arrest).  It was fun—until it wasn’t; until the students, as citizens, realized that we all deserved better.  And that’s what makes “gawking at the train wreck” okay – if those of us who teach state and local politics can hook our audience with the “fun” in the sometimes spectacular dysfunction, we can then turn the corner into discussing the value of being civically literate regarding the role, function, and purpose of local government.  From that somewhat unhappy starting place, we can move on to more productive avenues of discussion, including the various paths for meaningful reform. 

Since 2009 (with a hiatus in 2015), I have had the privileged to serve as the chairperson of the State and Local Politics section of the New York State Political Science Association (NYSPSA).  I have never been more convinced of the vibrancy and importance of state and local governance, or of contributions made by the academic study of state and local affairs.  My role with this professional organization allows me to work with and learn from the best.

The State Constitutional Convention Question

At the 71st NYSPSA Conference (hosted by Nazareth College in Rochester, NY), New York State and Local Politics took center stage. Among the highlights of the Conference were presentations and a Keynote Roundtable discussion of the upcoming Constitutional Convention (or Con-Con) vote.  As detailed in a previous blogpost, in the upcoming general election (November 7, 2017), New York voters will have the chance to vote on the constitutionally mandated question of whether or not to convene a constitutional convention with the purpose of reviewing and proposing revisions to the New York State Constitution. My section of the conference bought together some of the leading experts on New York State politics and reform. 

A group of scholars from the Hugh I. Carey Institute for Governmental Reform (Wagner College) and the Center for the Advancement of Public Integrity (CAPI) (Columbia Law School), presented their research on “Achieving Reform Through State Constitutional Change,” situating New York within a nationwide study of state constitutional reform efforts.   

Dr. Stephen Greenwald (left) leads a discussion following the presentation on Achieving Reform through State Constitutional Change. 

Dr. Robert Herbst provided an overview of the pros and cons of constitutional conventions, highlighting many of the positive, popular elements of New York’s Constitution which were the direct result of conventions past.  A contextual frame was provided by law professor and CAPI Director, Jennifer Rodgers, who detailed the group’s ongoing research:  a comparative analysis of state constitutional provisions. Their completed study (due out this summer) will serve as the basis for specific policy recommendations, would educate voters, and inform the convention delegates as they consider revision.  Dr. Stephen Greenwald emphasized how constitutional revision might enhance representative democracy by addressing existing dysfunctions, including the devolution of decision making autonomy of state legislators.

New York’s Broken Constitution (2016), 
co-authored by our presenters details
 issues with New York's current
 constitutional design.
Saturday’s plenary session was a roundtable presentation by some of the State’s other leading experts on New York State’s constitutional history. The discussion was moderated by Robert Bullock, Deputy Director of Operations at the Rockefeller Institute of Government (RIG). (A full biography of the Keynote Roundtable participants can be found here).

Christopher Bopst, one of the co-authors (along with Drs. Peter Galie and Gerald Benjamin) of New York’s Broken Constitution (2016), set up the context for the impending ballot question, by providing an overview of the constitution and the history past constitutional conventions. He emphasized the unique power held by New Yorkers (“We the People) to bypass the legislature and demand reform via the conventional ballot vote. The convention and delegate selection processes, including the external factors which influence public and organizational support and opposition, were addressed by Dr. Dullea (a participant in past conventions and an expert on convention politics).  Dr. Galie explained the arguments for and against reform, highlighting the ways in which a constitutional convention is uniquely different from politics “as usual.”


What did We Learn?

            There’s a need for reform:
Ø  New York’s Constitution dates back to 1894. The last time a convention comprehensively studied was 50 years ago (1967); the last time there was a systematic revision was 79 years ago (1938)
Ø  The speakers identified numerous issues for review and revision, including:
o   Public ethics and anti-corruption reform
o   Campaign Finance reform
o   Legislative reforms – to create a more participatory legislative process
o   Voting reforms – to promote turnout and ease restrictions on the right to vote
o   Criminal Justice Reforms
o   Education Policy Reforms
o   Judicial Reforms
o   Local government reform
Ø  The mandatory referendum is a rare opportunity for voters to bypass the legislature and demand review and revision on a multiplicity of issues that matter most to the voters.

There is Fear of a Convention:
Ø  An Unlimited Convention/no restrictions on the convention. Once convened, the argument goes, the delegates are without limit and might eliminate the good along with the bad.  Enviornmental groups, labor unions, and advocates for the needy are among the opposition groups who fear favorable provisions might be revised or excised.
Ø  The “same old politics” and political insiders will dominate the convention.
Ø  The convention will be costly. And  (as happened in 1967), proposed changes might get rejected in the end anyway.

There is a General Lack of Public Awareness:
Ø  For many New Yorkers, the state constitutional convention may not appear to be a viable path to reform simply because they do not know enough about the process.
Ø  Thus far, the State legislature has devoted few resources to educating the citizens about the upcoming ballot choice.  Most of the outside money that is being spent, is in opposition.
Ø  In past ballot votes, the plurality of voters declined to vote on the ballot question. 

Dr. Hank Dullea provided information on the Convention and Delegate Selection Process. He is the author of  Charter Revision in the Empire State: The Politics of New York's 1967 Constitutional Convention.

The presenters collectively provided a wealth of factual information and counter-arguments which would allow voters to make an informed choice come November.  Many of the anti-convention fears, they explained, are unfounded and reflect a misunderstanding of the rich history of the convention process:

Ø  There is, they remind us, much in the New York Constitution that is good – and most of which was added through the work of constitutional conventions.
Ø  Even in cases of “failed” conventions, as in 1967 when the voters rejected the proposed revisions, many of the conventions recommendations later made their way into the constitution through the legislative amendment process. 
Ø  What conventions offer is a unique opportunity for systematic study and recommendation – it is different than politics “as usual” because the particpants are broader, the mission is directed, and the work ultimately is subject to popular ratification.
Ø  The work of the convention will depend on the delegates selected – and this is process that is open to direct democratic participation. 
Ø  The costs of the convention will be offset by the potential benefits – for example, a consolidation of the judiciary and court systems alone could produce considerable savings.

A member of the audience, Dr. Michael Armato made the insightful observation that the outcome of the convention ballot question is likely to turn on the narrative and framing of the debate.  Dr. Galie described the eternal paradox for all reformers: if people believe that the “same old” of politics is bad, and reform is framed as the “same old” politics, then there is seemingly no solution: We are left to dwell on the dysfunction without ever turning the corner toward productive engagement and change. 


Dr. Sharon Murphy, the 2017 NYSPSA Program Chair, welcomes the audience to the Conference.  Dr. Murphy is a Professor of Political Science at Nazareth College, where the Conference was held. She is also a Daemen College alumna (BA, History and Government, 1980). 

How to Learn More    

The constitutional convention question is a unique opportunity for voters to compel study and review of the foundation of New York State's governance. The best way to make an informed decision on the ballot vote is to learn everything one can about the process. Sienna College's statewide polling has found that, although 69% of New York voters support calling a convention, more than two-thirds of them have not seen or read information on the upcoming vote.

The League of Women Voters, the Rockefeller Institute of Government, the Hugh I. Carey Institute for Governmental Reform, and the New York State Constitutional Convention Clearinghouse are a few good places to start if you want to learn more.  On these sites you will find details on the history and work of New York's past constitutional conventions, as well as information, and links to editorials and news coverage of the upcoming “Con-Con” vote. 

You may also contact me directly at lparshal@daemen.edu.
Dr. Lisa Parshall
Chairperson, State and Local Politics, New York State Political Science Association

Daemen College Students:
State and Local Politics (PSC 114) will be offered in Fall 2017 (Thursday 4-6:45).  Dr. Parshall is the Section Chair for State and Local Politics for the New York State Political Science Association (NYPSA) and a Key Votes Advisor (New York State) for Project Vote Smart.  Her research interests include New York State constitutional history and local government consolidation/reform.  She has presented her research on village government consolidation at multiple conferences.  For more information on the course, please contact lparshal@daemen.edu