Bill Text: NY A05109 | 2017-2018 | General Assembly | Introduced
Bill Title: Concerns the application of the legislature of the state of New York petitioning the Congress of the United States of America to call a national constitutional convention to propose amendments in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission 130 S.Ct. 876.
Spectrum: Strong Partisan Bill (Democrat 36-2)
Status: (Introduced - Dead) 2018-01-03 - referred to election law [A05109 Detail]
Download: New_York-2017-A05109-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5109 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. ROSENTHAL, SEAWRIGHT, STECK, ORTIZ, GALEF, THIELE, STIRPE, LUPARDO, SKOUFIS, WEPRIN, SKARTADOS, CAHILL, ZEBROW- SKI, MOSLEY, PICHARDO, LIFTON, QUART, SIMON, FAHY, JEAN-PIERRE, RIVERA -- Multi-Sponsored by -- M. of A. BARRON, DILAN, ENGLEBRIGHT, GLICK, HEVESI, MONTESANO, PAULIN, RAMOS, RICHARDSON, SEPULVEDA, TITONE -- read once and referred to the Committee on Election Law AN ACT on the application of the legislature of the state of New York petitioning the Congress of the United States of America to call a national constitutional convention to propose amendments in order to address concerns raised by the decision of the United States Supreme Court in Citizens United v. Federal Election Commission 130 S.Ct. 876 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds 2 that: 3 a. the first President of the United States, George Washington, stat- 4 ed: "The basis of our political systems is the right of the people to 5 make and to alter their Constitutions of Government."; 6 b. it was the stated intention of the framers of the Constitution of 7 the United States of America that the Congress of the United States of 8 America should be "dependent on the people alone." (James Madison, 9 Federalist 52); 10 c. that dependency has evolved from a dependency on the people alone 11 to a dependency on those who spend excessively in elections, through 12 campaigns or third-party groups; 13 d. the United States Supreme Court ruling in Citizens United v. 14 Federal Election Commission 558 U.S. 310 (2010) removed restrictions on 15 amount of independent political spending; 16 e. the removal of those restrictions has resulted in the unjust influ- 17 ence of powerful economic forces, which have supplanted the will of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05142-01-7A. 5109 2 1 people by undermining our ability to choose our political leadership, 2 write our own laws, and determine the fate of our state; and 3 f. Article V of the United States Constitution requires the United 4 States Congress to call a convention for proposing amendments upon 5 application of two-thirds of the legislatures of the several states for 6 the purpose of proposing amendments to the United States Constitution. 7 § 2. The legislature declares that: 8 a. the State of New York sees the need for a convention to propose 9 amendments in order to address concerns such as those raised by the 10 decision of the United States Supreme Court in Citizens United v. 11 Federal Election Commission (2010) 130 S.Ct. 876 and related cases and 12 events including those occurring long before or afterward or for a 13 substantially similar purpose, and desires that said convention should 14 be so limited; and 15 b. the State of New York desires that the delegates to said convention 16 shall be comprised equally from individuals currently elected to state 17 and local office, or be selected by election in each Congressional 18 district for the purpose of serving as delegates, though all individuals 19 elected or appointed to federal office, now or in the past, be prohibit- 20 ed from serving as delegates to the Convention, and intends to retain 21 the ability to restrict or expand the power of its delegates within the 22 limits expressed above; and 23 c. the State of New York intends that this be a continuing application 24 considered together with applications calling for a convention currently 25 pending in the 188th Massachusetts legislature as S.1727 and H.3190, the 26 2013-2014 Vermont legislature as SJR 27 and the 2013-2014 California 27 legislature as AJR 1, the 97th Michigan legislature as House Joint 28 Resolution BB and all other passed, pending, and future applications, 29 the aforementioned concerns of New York notwithstanding until such time 30 as two-thirds of the several States have applied for a Convention and 31 said Convention is convened by Congress. 32 § 3. Pursuant to Article V of the United States Constitution, the 33 Legislature hereby petitions the United States Congress to call a 34 Convention for the purpose of proposing Amendments to the Constitution 35 of the United States of America as soon as two-thirds of the several 36 States have applied for a Convention. 37 § 4. The Governor of the State of New York shall transmit copies of 38 this act to the President and Vice President of the United States, the 39 Speaker of the United States House of Representatives, the Minority 40 Leader of the United States House of Representatives, the President Pro 41 Tempore of the United States Senate, to each Senator and Representative 42 from New York in the Congress of the United States, to the Governor of 43 each State, and to the presiding officers of each legislative body of 44 each of the several States, requesting the cooperation of the several 45 States in issuing an application compelling Congress to call a conven- 46 tion for proposing amendments pursuant to Article V of the United States 47 Constitution. 48 § 5. This act shall take effect immediately.