This post was written by Erika Lorshbough, Legislative Counsel, New York Civil Liberties Union as part of our PowHer the Vote 2017 campaign.
Those frustrated by dysfunction in New York State Government may be tempted to roll the dice on Election Day to vote for a constitutional convention. But with the Trump administration’s war on women, this gamble isn’t worth the risk.
Every twenty years, New Yorkers are asked to vote whether to hold a convention to make changes to our state constitution. New York has held nine such conventions in its long history – just two in the last century, in 1938 and 1967.
On November 7th, voters across the state will find this question on the back of their ballots: “Shall there be a convention to revise the constitution and amend the same?”
Proponents of a constitutional convention – or “ConCon” – believe it is the way to bypass Albany dysfunction, corruption and “three men in a room” dealings, and obtain long-sought reforms. But this is wishful thinking, and it ignores the history of state constitutional conventions, the glaring flaws in the convention process, and the reality of the current political climate in New York and nationwide. Anyone expecting “the People’s Convention” is due for disappointment – the “ConCon” is a con.
One need only read briefly about past conventions to confirm that each one has reflected the culture, politics, and priorities dominating state government at the time. A constitutional convention will not only match the standard Albany status quo of horse-trading and political compromise, but worse – New Yorkers’ hard-won state constitutional rights and protections will be the political bargaining chips on the table.
We want to know if you will vote “Yes” or “No” for a New York State Constitutional Convention. Vote in our poll here!
Given the present danger that President Trump and his allies pose to our rights and civil liberties, that prospect should alarm anyone. And that’s especially true for those who care about women’s rights.
The New York Civil Liberties Union has fought for the rights of New York women for decades. We have a wish list of reforms that would protect women in their workplaces, in their family lives, and in their reproductive choices. But, like Planned Parenthood and others in the advocacy community, we oppose the ConCon because it is clear to us that women’s rights are far more likely to be traded away at a convention than they are to be strengthened.
Convention proponents admit that minorities and women have rarely been delegates, but say they believe that more than half of delegates to the convention will be women this time around. This claim isn’t just fantasy; it is disingenuous. In fact, experts on all sides agree that the voting mechanisms used to elect convention delegates are rigged to result in under-representation of minorities and women on a convention floor.
Our state is wonderfully diverse, but our convention delegates won’t be. That will be a rude awakening for anyone expecting a “People’s Convention.”
And once those delegates are elected, they set whatever rules and process they want, and can propose constitutional amendments of any kind. There are no bounds to the changes they can seek, or how the show should run. With the usual suspects setting the agenda, there is little chance of reform that would benefit women, minorities and other under-represented New Yorkers.
For those seeking reform, there is already a less precarious and more deliberate process for amending our state constitution. Two successive legislatures can pass amendments one at a time and then put them to the voters for approval. The process is slow and laborious, as amending a constitution should be. It has resulted in over 200 amendments – and it delivered women’s suffrage one hundred years ago.
A constitutional convention is an unacceptable gamble. We’re asking New York women to vote no.