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A Breakdown Of The Five Proposals Appearing On Your November Ballot


By

David Cruz

Published Oct 6, 2021


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David Cruz / Gothamist


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David Cruz

Published Oct 6, 2021


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It's not just the race for New York City mayor that's on the ballot this November. There will also be five proposals, which, if passed, will immediately take effect on January 1st, 2022 and be inserted in the state constitution, making it harder for state lawmakers to amend them in the future.

Voters are not required to vote "yes" or "no" on all proposals. Some of the five proposals are simple updates to the state constitution while others have major implications down the road for the State Legislature and the party in power.

Here's what you need to know before you step into the voting booth.

Hear David Cruz explaining the five ballot proposals on the Brian Lehrer Show.

Ballot Proposal #1: Updating The State's Redistricting Process

New York State is currently undergoing the process of redrawing state Senate, Assembly, and congressional district lines, commonly known as redistricting. Only for the first time in state history, that responsibility that had once been solely left up to the State Legislature, which has led to lawsuits, is shared with the newly formed Independent Redistricting Commission (IRC).

The 10-member commission—comprised of four Republican appointees, four Democrat appointees, and two chosen by Republican and Democratic appointees—convened for the first time this year following a 2014 referendum vote to the state constitution. Map-makers have since released two map proposals, undercutting its goal of keeping the redistricting process politics-free. The IRC is now in the process of redrawing those lines following the decennial release of new U.S. Census figures.

But now, under Ballot Proposal #1, the state wants to make changes to the way the commission operates. The ballot proposal is now asking voters to decide whether state law can be updated to:

(A "yes" or "no" vote on the proposal would cover all the amendments.)

Ballot Proposal #2: Entitlements To Clean Environment

This amendment proposal would add this line to the state's Bill of Rights: “Each person shall have a right to clean air and water, and a healthful environment.” The proposal, however, is vague on what happens if the state fails to produce this guarantee for New Yorkers.

Environmental groups such as the Natural Resources Defense Council (NRDC), an advocacy group calling for greater protections to the environment, are hailing this proposal as a simple but effective way to guarantee a healthy environment. In a statement posted on its website in support of the law, the group said the amendment is a "critical tool to hold others accountable," and they pointed to similar amendments passed in Pennsylvania and Montana, which led to greater environmental protections.

According to a breakdown of the proposal by the League of Women Voters summarizing the pros and cons of such a proposal, the simplicity of the provision can give it "great flexibility to the New York courts to interpret and apply the provisions. More details regarding enforcement and definitions, duties and obligations related to environmental rights are required."

Peter Iwanowicz, executive director at Environmental Advocates NY, which led the campaign to push for the proposal in 2017, told Gothamist/WNYC that the language of the bill is designed to work in "harmony with existing regulatory structures."

"It's no longer going to be about controlling pollution, it's going to be about preventing pollution," Iwanowicz said.

Ballot Proposal #3: Shortening Ten-Day Voting Registration

The proposal erases the requirement that you must register to vote a minimum of 10 days before any election in the state constitution. The State Legislature would then have to pass laws allowing you to register to vote less than 10 days before an election.

A "yes"vote could pave the way for same-day voter registration.

Ballot Proposal #4: No-Excuse Absentee Ballot Requests

Currently, the only way to obtain an absentee ballot is by declaring you're either too sick or disabled to get to poll site, or not in the county you're registered to vote in to cast a ballot on the day of an election. This proposal would allow you to get an absentee ballot without having to offer any explanation. But just like Ballot Proposal #3, the next step would require the State Legislature to come up with a state law.

Former Governor Andrew Cuomo temporarily created a no-excuse balloting process because of the pandemic, but Ballot Proposal #4 will permanently add that privilege to the constitution. The outcome can make absentee ballots a deal-breaker when it comes to really close elections, as we saw during the mayoral primary race.

Ballot Proposal #5: Expand NYC Civil Court's Purview

While judges in New York City Civil Court can currently hear and decide claims of up to $25,000, as has been the case since 1983, this proposal would allow them to hear and decide cases double the current maximum.

If this proposal takes effect, it would decrease the workload imposed on judges in State Supreme Court. The added benefit for you is waiting less time to have your case heard at NYC Civil Court when compared to the State Supreme Court, which is often overwhelmed. So instead of waiting months to have your case heard at State Supreme Court, it could just be a matter of weeks.

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election 2021

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David Cruz

David is a former WNYC and Gothamist editor.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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