CAIR-NY’s Community Advisory: 2021 Constitutional Ballot Questions
Photo by Joshua Woroniecki
CAIR-NY’s Community Advisory: 2021 Constitutional Ballot Questions
November 2nd is election day. In addition to municipal elections, there are five ballot proposal or questions that are up for a vote in the general election. They include questions on the future of political representation in Albany, environmental protections, easier voter registration and absentee balloting, and increasing the jurisdictional threshold for New York City Civil Courts. It is important for voters to know what the ballot questions are and what a “yes” or “no” vote means. For additional information on the ballot questions, you may visit: NYC Votes (https://www.voting.nyc/meet-the-candidates/2021-ballot-proposals/); Ballotpedia (https://ballotpedia.org/New_York_2021_ballot_measures); League of Women Voters of New York (http://lwvbn.org/voterinformation/votersguide.html)
CAIR-NY is a non-partisan, 501(c)(3) non-profit organization. To learn more about CAIR-NY, you may visit our website at https://www.cair-ny.org/
Ballot Question #1: Amending the Apportionment and Redistricting Process
The purpose of this proposal is to amend the portions of Article 3 of the New York Constitution that relate to the way district lines for congressional and state legislative offices are determined.
What You Will See on the Ballot
This proposed constitutional amendment would freeze the number of state senators at 63, amend the process for the counting of the state’s population, delete certain provisions that violate the United States Constitution, repeal and amend certain requirements for the appointment of the co-executive directors of the redistricting commission and amend the manner of drawing district lines for congressional and state legislative offices. Shall the proposed amendment be approved?
A “yes” vote supports this measure to:
· lower the vote thresholds for adopting redistricting plans when one political party controls both legislative chambers;
· require that incarcerated persons be counted at the place of their last residence for redistricting;
· require the state to count residents, including people who are residents but not citizens, should the federal census fail to do so;
· remove the block-on-border requirement for Senate districts;
· cap the number of state senators at 63; and
· move up the timeline for redistricting and repeal inoperative language.
A "no" vote opposes this measure and maintain the existing vote thresholds for adopting redistricting plans when one political party controls both legislative chambers, keep the existing timeline for redistricting, and allow the number of state senators to be increased above 63. A “no” vote also means that incarcerated persons will continue to be counted as residents at the location of their incarceration.
Ballot Question #2: Right to Clean Air, Clean Water, and a Healthful Environment
The purpose of this proposal is to protect public health and the environment by adding the right of each person to clean air and water and a healthful environment to the Bill of Rights in Article 1 of the New York Constitution.
What You Will See on the Ballot
The proposed amendment to Article 1 of the New York Constitution would establish the right of each person to clean air and water and a healthful environment. Shall the proposed amendment be approved?
A “yes” vote supports adding:
· A right to clean water, clean air, and a healthful environment to the N.Y. State Constitution, which means the government cannot infringe on these rights.
· It would require lawmakers to consider the impact on clean water, clean air, and the environment when making decisions.
· It would allow New Yorkers to sue if they believe their rights to clean water, clean air, or a healthful environment are being violated.
A “no” vote would oppose adding a right to clean water, clean air, and a healthful environment to the N.Y. State Constitution.
Ballot Question #3: Eliminating Ten-Day-Advance Voter Registration Requirement
The purpose of this proposal is to remove language in the N.Y. State Constitution that requires a citizen be registered to vote at least ten days before an election. The amendment will enable the Legislature to enact laws permitting a citizen to register to vote less than ten days before the election.
Question as it Will Appear on Ballot:
The proposed amendment would delete the current requirement in Article 2, § 5 that a citizen be registered to vote at least ten days before an election and would allow the Legislature to enact laws permitting a citizen to register to vote less than ten days before the election. Shall the proposed amendment be approved?
A "yes" vote supports removing the requirement that persons must register to vote at least ten days before an election, thus authorizing the state legislature to pass a statute for a requirement of less than 10 days, such as same-day voter registration.
A "no" vote opposes this constitutional amendment, thus continuing to require that persons must register to vote at least 10 days before an election.
Ballot Question #4: Authorizing No-Excuse Absentee Ballot Voting
The purpose of this proposal is to eliminate the requirement that a voter provide a reason for voting by absentee ballot.
Question as it Will Appear on Ballot:
The proposed amendment would delete from the current provision on absentee ballots the requirement that an absentee voter must be unable to appear at the polls by reason of absence from the county or illness or physical disability. Shall the proposed amendment be approved?
A “yes” vote supports eliminating the requirement that a voter provide a reason for voting by absentee ballot. It would also authorize the state legislature to pass a statute for no-excuse absentee voting.
A “no” vote opposes this amendment and continues the requirement that voters need an excuse (absent from their county of residence, ill, or physically disabled) to vote with an absentee ballot.
Ballot Question #5: Increasing the Jurisdiction of the New York City Civil Court
The purpose of this proposal is to increase the jurisdiction of the New York City Civil Court from $25,000 to $50,000.
Question as it Will Appear on Ballot:
The proposed amendment would increase the New York City Civil Court’s jurisdiction by allowing it to hear and decide claims for up to $50,000 instead of the current jurisdictional limit of $25,000. Shall the proposed amendment be approved?
A “yes” vote supports this constitutional amendment to allow the New York City Civil Court to hear and decide lawsuits involving claims of $50,000 or less. Currently the threshold is $25,000.
A “no” vote opposes this amendment and will keep the threshold at $25,000 or less for lawsuits.