Fixing government from the ground up
If you believe in reforming New York government — and just about any sane and intelligent person who lives in this state does — you can have your cake and eat it, too. This November, New York has an automatic ballot question asking whether to call a constitutional convention. Fourteen states do this. Five states pose the question every 10 years. We do it every 20.
Thomas Jefferson thought a little rebellion, now and then, was a good thing. Asking about a constitutional convention doesn’t go that far, but at least it forces voters to think about whether government is working.
I don’t think it’s working, but I stand squarely against the convention. To me, the likely risks are just not worth the potential benefits.
In 1997, I favored it. I believed that a revised Constitution could include election, campaign finance and ethics reform. The Legislature had not successfully addressed those issues, and I believed a convention stood a better chance. I was in the minority, and the proposal was soundly defeated.
The opposition at the time pointed out that the same tired faces would be delegates to a convention, including sitting legislators who had already failed at their regular jobs.
I now realize that the opposition 20 years ago was right. Delegate eligibility is seriously problematic, and, because delegates are elected both from state Senate districts and statewide, probably unconstitutional as well.
In any event, naked hope no longer guides me as it did last time around. I have serious fears that even for those with the best of intentions, cracking open the Constitution and trying to reform it through an unpredictable process could deliver some very bad results — including unraveling of basic protections and messy deals that bring us two steps forward on some issues, two steps back on others. Fundamental rights should not be risked, especially in uncertain political times.
But New York City voters can vote against the con con and still reform our government. All 62 cities in the state have the authority under the Municipal Home Rule Law to enact reforms by amending their City Charters.
A charter is similar to a constitution. It spells out how a municipal government works and the powers of various agencies. And many of the types of fixes that pro-con con brigades believe in could be accomplished at the local level.
In the face of Albany’s continuing inaction, a city can expand voting opportunities in municipal elections. Cities can, therefore, allow same-day registration for municipal voters, and initiate early voting and no-excuse mail-in ballots; and political party enrollment procedures can be simplified, which can improve turnout.
City voters do not have to wait for Albany to get the kind of voting reforms that many other states routinely employ.
Twenty-five years ago, New York City started doing just that. We revolutionized our elections by amending our charter, instituting the most far-reaching campaign finance law in the country.
This has, to a great extent, leveled the playing field, making it easier for community activists to run for office. We also capped expenditures, so that the role of money has diminished.
More recently, we lowered the number of signatures required for candidates to get on the ballot; imposed term limits on city officials; and instituted non-partisan elections when filling vacancies.
There is no reason why we cannot now initiate even bolder reforms for city elections. Naysayers may question whether New York City can do it without Albany’s blessing, but the courts and the state attorney general have approved the city’s power to do so.
We can do this through a Charter Revision Commission, which can be appointed either by the mayor or the City Council. Or, if neither acts, voters can take the bull by the horns — proposing charter amendments through a petition process.
New Yorkers can, therefore, avoid the hazards of a constitutional convention this November and still have the opportunity for fundamental reform by amending the charter next year. We can have our cake and eat it, too.