On Nov. 7, the voters will make an important choice on whether to hold another state constitutional convention, which if approved would take place in April 2019. Voters beware, many of the groups advocating in favor of this ballot proposition are representing narrow interests, masked under the thin veil of good government.
Our state’s constitution requires that every 20 years, voters get the opportunity to choose whether or not to hold a constitutional convention. During the past 112 years we have held four conventions (e.g., 1894, 1915, 1938 and 1967) and their accomplishments are debatable. However, there is one indisputable fact that ties them together, they were carbon copies of a typical legislative session, driven by politics and tilted to benefit the political elite.
Unlike in years past, there is no pressing public issue that is creating a wave of support for a convention. In fact, the most recent Siena College poll shows support for a convention plunging 24 percent among registered voters since last year. These polls clearly illustrate that the more voters learn the less they support a convention.
What’s at stake for New York residents should we hold a convention. Here are just a few issues that will be on the table for “so called reforms”: critical aid for public education, rollback of groundbreaking environmental protections, less money for our parks, taking away important control for local municipalities, elimination of local community grants elimination of state support for public housing and care for the indigent - just to name a few.
Leading up to the Convention of 1894, the country was mourning the loss of President James Garfield, who was killed by an angry campaign worker who did not receive a government job. New Yorkers felt there was work to be done especially in passing civil service laws to end patronage and nepotism. In 1938, New York was recovering from a world war and the Great Depression, and many felt it was crucial to rebuild the national infrastructure and strengthen our laws.
Advocates for a convention will tell you that the only way to pass ethics reform is to have a convention, because the legislature is incapable of passing meaningful reforms. Not true, this year the legislature proposed a constitutional amendment for November’s ballot, which would to take away the pensions of legislators convicted of a felony. Many of these same proponents believe we need radical changes to our constitution, pushing to abolish the State Senate on the grounds that the Republicans who control the Senate with a group of independent Democrats are an impediment to getting progressive laws passed. Again, an empty argument. Earlier this year the legislature enacted, without a costly convention, progressive minded judicial reforms that will raise the age of adult criminal prosecution from 16 to 18 years of age.
There are other groups frustrated with what they perceive to be the New York City centric legislators focusing less on Upstate New York and more on the city. They wish to abolish the state, in a plan that is a better fit for a mini-series on cable TV. These abolitionists are aggressively advocating for regional frontiers with a figurehead Governor who would oversee these autonomous regions.
All of these groups fail to recognize that past conventions have been riddled with rigged agendas and political patronage. In fact, in 1938 lobbyists were allowed stand on the convention floor and debate proposed amendments. Anyone who tells you that this will be a people’s convention is delusional. In 1967, 80 percent of the delegates were politically connected and 45 percent were current or former public officials who were able to collect a second salary, allowing them to double dip to boost their state pensions.
Constitutional conventions, which run concurrently with a regular legislative session, are not cost-effective. Not only are the delegates well paid, they get to hire staff. There are 204 delegate spots and they all need help. Administrative, legal, and research are just some of the staffing positions that have been filled in past conventions. Then you add per diems, food, transportation, lodging, and printed materials to the bottom line. You can even hire a special consultant or two.
Thankfully, there is an alternative to this government boondoggle. During the last century, New Yorkers have amended their constitution 200 times by public referendum. Voters have shown time and time again that they can make intelligent choices and as such there is no reason to have a convention. The voters have elected 218 state officials, including the Governor, to represent their interests. The current democratic process allows the people to engage their government at the ballot box.
If the pro-convention advocates really want to change our laws, they can follow the 1997 recommendations of the New York City Bar Association and take a drive up to Albany like the rest of us and spend some time advocating for real reforms.
Anthony Figliola is an economic development expert and co-author of “Patronage, Waste and Favoritism – A Dark History of Constitutional Conventions" and “Tax Amnesty - Past Successes, Failures and New Opportunities”.