ConConCon
ConCon stands for Constitutional Convention. Every two decades New York voters have a referendum on whether to revise the New York State Constitution. The last time was 1997, when New Yorkers voted no. The legislature called a ConCon earlier in 1968, but voters rejected the proposed changes. Almost 80 years ago, in 1938, was the last time voters both approved a ConCon and also then approved the amended Constitution.
The process this year is straightforward: a referendum on whether to have a ConCon is held in November, if a majority of voters approve the convention, three delegates in each of the 63 state senate districts and 15 statewide at-large delegates are chosen by voters next November, for a total of 204 people (“delegates”). The delegates meet in Albany in April 2019 at a convention to debate modifying the Constitution. Changes approved by a majority of the delegates are submitted to the voters, a majority in favor would ratify those changes.
Nonprofit groups supporting campaign finance reform, redistricting, term limits and the legalization of marijuana are in favor of a convention. Others argue a ConCon could pass progressive changes like early voting laws, same day registration, and restriction of legislative district gerrymandering. And still others, including the League of Women Voters and Citizens Union, propose the ConCon could enact new rights, including the right to clean water and clean air, and equal rights for women, LGBTQ people and disabled New Yorkers. Their argument is that the feckless legislature will not likely support any of these politically difficult issues.
Alternatively unions such as the United Federation of Teachers and state legislative leaders from both parties are against a convention, voicing anxiety that rather than enact new reforms, the convention could lead to a loss of rights in the constitution. The rights to a public education, welfare benefits, form a union and receive pension benefits, all of these could be repealed.
I am against a ConCon (hence the title, “ConConCon”). Progressives are fighting many battles right now — a President who knows no limits, a Congress unrestrained by the voices of reason and an ambitious Governor willing to sacrifice principle for politics. Activism is building in the state since the 2016 elections, but if a ConCon is approved the political left risks being drawn into a battle for the Constitution rather than focusing attention on winning the State Senate (including defeating the IDC), vulnerable Congressional seats, and the Gubernatorial election all in 2018 and then the White House in 2020.
The problem is the process, with no restrictions on who runs to serve as a delegate, no limits on changes proposed, and no protections for prior legislative victories. A ConCon would send lobbyists surging into the state, eager to make changes for their patrons. The delegates are elected by voters to serve in the ConCon, and then disband — there is no accountability — if delegates propose something that wrecks the state budget, unlike politicians who have to get reelected, there is no way for voters to react (other than voting the recommendations down). Imagine if the Constitution were amended to outlaw abortion and then as a lure, it included a $10,000 tax break, it might entice people to vote for the changes, regardless of the damage they do. Voter turnout in New York is wretched, there is no obligation to vote on the changes on a convenient date — the vote could be in July, and reduced voter response might enable the horrific to be approved.
Waves of corporate money are sloshing across the country (can you imagine what the Koch brothers would spend to win anti-environmental rule changes in our state? Fracking? Clean water? They would spend billions!) Rather than creating new wars to wage, let us confront the challenges we face today. If we take back the State Senate, the changes nonprofit groups seek could be attained through the regular legislative process, than through a ConCon free-for-all, and without risking rights we have fought for decades to attain and preserve. With much in jeopardy, the temptation to vote for the ConCon must be tempered by the larger issues we are tackling now, vote NO on the ConCon this November.
