New York, NY, USA, regional Obligatory referendum [LOR] - Amendments to Constitution

General Typology

Instrument
Obligatory referendum [LOR]
Location
New York, NY, USA
Political level
regional
Local Name:
Amendments to Constitution
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

New York Constitution, Article XIX
Section 1
Any amendment or amendments to this constitution may be proposed in the senate and assembly whereupon such amendment or amendments shall be referred to the attorney-general whose duty it shall be within twenty days thereafter to render an opinion in writing to the senate and assembly as to the effect of such amendment or amendments upon other provisions of the constitution. Upon receiving such opinion, if the amendment or amendments as proposed or as amended shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, and the ayes and noes taken thereon, and referred to the next regular legislative session convening after the succeeding general election of members of the assembly, and shall be published for three months previous to the time of making such choice; and if in such legislative session, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit each proposed amendment or amendments to the people for approval in such manner and at such times as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of the constitution on the first day of January next after such approval. [...]

Section 2
[...] no amendment to the constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the ayes and noes being entered on the journal to be kept. [...] Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the state at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval.

Section 3
Any amendment proposed by a constitutional convention relating to the same subject as an amendment proposed by the legislature, coincidently submitted to the people for approval shall, if approved, be deemed to supersede the amendment so proposed by the legislature.

Source: The Constitution of the State of New York (accessed 1 August 2017)

Subject Matter:

Amending the state constitution via obligatory referendum

Actors

Author:
Authority : The proposed constitutional amendment must be approved by a majority of each of the houses of legislature for two consecutive legislative sessions with a general election in-between or by a majority of all delegates at a constitutional convention (New York Constitution, Article XIX, Sections 1 & 2).
Initiator:
Law : Constitution
Decision maker:
Electorate : The proposed constitution or constitutional amendment must be approved by a majority of those voting on the question (New York Constitution, Article XIX, Sections 1 & 2).

Requirements

Available Time:
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
A majority of votes on the proposed constitutional amendment are required to pass (New York Constitution, Article XIX, Sections 1 & 2).
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:

Consolidated Laws of New York, Election, Article 4
§4-108
[...] 2. The form in which the proposed amendment, proposition or question is to be submitted shall consist of only an abbreviated title indicating generally and briefly, and in a clear and coherent manner using words with common and every-day meanings, the subject matter of the amendment, proposition or question. If more than one such amendment, proposition or question is to be voted upon at such election, each such amendment, proposition or question respectively shall be separately and consecutively numbered.
3. The attorney general shall advise in the preparation of such abstract and such form of submission.

Source: Consolidated Laws of New York (accessed 1 August 2017)

Interaction With Authorities:

New York Constitution, Article XIX, Section 1
Any amendment or amendments to this constitution may be proposed in the senate and assembly whereupon such amendment or amendments shall be referred to the attorney-general whose duty it shall be within twenty days thereafter to render an opinion in writing to the senate and assembly as to the effect of such amendment or amendments upon other provisions of the constitution. [...]

Source: The Constitution of the State of New York (accessed 1 August 2017)

Supervision And Support:

Consolidated Laws of New York, Election, Article 4
§4-116
1. The secretary of state shall cause each concurrent resolution of the two houses of the legislature agreeing to a proposed amendment to the constitution that has been referred to the legislature to be chosen at the next general
election to be published at least once in each of the three months next preceding such election. Such publication shall include the information that such amendment has been so referred.
2. The state board of elections shall publish once in the week preceding any election at which proposed constitutional amendments or other propositions or questions are to be submitted to the voters of the state an abstract of such amendment or question, a brief statement of the law or proceedings authorizing such submission, a statement that such submission will be made and the form in which it is to be submitted.
3. Publication required by subdivision two of this section shall be in one newspaper of general circulation in each county.

§4-120
1. The board of elections shall publish once in each of the two weeks preceding a general election, or a special or village election conducted by the board of elections, a notice specifying the day of the election, and the public officers to be voted for within such county, or any part thereof at such election. If constitutional amendments, or questions are to be submitted to the voters of the state, the notice shall state that fact and that a copy of each such amendment or question may be obtained at the board of elections, by any voter. Such publication shall be in two newspapers published within the county. If the county contains a city or cities, at least one of such newspapers shall be published in the city, or the largest city, if there be more than one. In the case of a village election, such publication shall be made in a newspaper of general circulation in such village and shall include an abstract of any proposition to be voted upon at such election.

Source: Consolidated Laws of New York (accessed 1 August 2017)

Transparency And Finance:

Practice

Archive:
Remarks: