8 OCTOBER/NOVEMBER 2017 THE NEW YORK CONSTITUTION NYPEOPLESCONVENTION.ORG
SEPARATING FACT FROM FICTION
YES
VOTE YES NOVEMBER 7, 2017
PAID FOR BY NEW YORK STATE BAR ASSOCIATION FOR A CONSTITUTIONAL CONVENTION
MYTH: Public sector union members could lose their pensions through the
Constitutional Convention.
FACT: The Contract Clause of the U.S. Constitution (Article I, Section 10, Clause 1)
prohibits the invalidation of pensions agreed to by the government. No change
to the state Constitution could override the federal Constitution on this point.
MYTH: The Constitutional Convention could open up a “Pandora’s box” that might
take the state backwards.
FACT: All of our state’s previous nine Constitutional Conventions have taken New York
forward. The most highly regarded provisions in the New York’s Constitution
come out of prior state Constitutional Conventions, such as the “Forever
Wild” protections of the Adirondacks and Catskills parks (1894) and workers’
compensation, collective bargaining and the right to organize (1938).
MYTH: The Constitutional Convention will be made up of the same Legislators
currently in offi ce in Albany.
FACT: Only 7% of the delegates at New York’s last Constitutional Convention, in 1967,
were sitting members of the state Legislature. In actuality, the delegates came
from a broad array of backgrounds: local leaders, judges, academics, activists, and
a host of other civically minded individuals.
MYTH: The Constitutional changes the people of New York want can be passed by the Legislature.
FACT: While technically accurate, the Legislature has demonstrated for decades that
it lacks the ability or will to enact systemic reforms through the passage of
Constitutional amendments.
MYTH: If you leave the referendum question blank, it will be counted as an automatic
“yes” vote.
FACT: This is a ludicrous lie that has been spread on social media. If you don’t vote on
the Convention question, it won’t register either way.
MYTH: The Constitutional Convention will cost over $300 million.
FACT: Many news outlets have debunked this false number. Impartial experts say the
Convention will cost around $50 million. Per New Yorker this cost comes out to less
than the price of a single Metrocard swipe. This modest expense—about 0.3% of the
state’s annual budget—pales in comparison to the potential savings a Convention
could achieve. For instance, a state commission found that restructuring New York’s
convoluted court system would save New York $600 million every year.
MYTH: Delegates could make changes to the Constitution that New Yorkers don’t want.
FACT: Delegates can only propose changes to the Constitution. New York State voters
have the fi nal say and must approve any amendment proposed by the Convention.
MYTH: Supporters of a “YES” vote hid the Convention referendum on the back of the
ballot so that fewer people will see it.
FACT: Convention supporter Evan Davis, representing the “YES” coalition, sued the
New York State Board of Elections to force the referendum to be printed on the
front of the ballot. The “YES” coalition publicly called on the “NO” group to join
this eff ort, and received no response. Ultimately, the lawsuit was withdrawn
after the Board of Elections agreed to instruct voters, in a prominent place on the
front of the ballot, to make sure to turn over the ballot and answer the question.
MYTH: Big money special interests and shadowy billionaires with a hidden agenda are
funding the YES vote campaign.
FACT: Actually, the opposite is true. The “YES” coalition, which is comprised primarily of
good government groups and reform-minded organizations, is waging a David versus
Goliath battle against the “NO” side, which includes virtually all of the major special
interest groups in Albany. The “NO” campaign is dramatically outspending the “YES”
coalition, perhaps by as much as a 10-1 margin come Election Day. Politico reported
that last year the “NO” campaign contributed 400 times more money to state-level
candidates than the “YES” coalition. In addition, the “NO” side spent $10.6 million
lobbying in New York State, while the “YES” coalition spent a mere $383,585.