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On the back of the ballot this fall are five New York constitutional amendments. Three affect voting and the redistricting process, one aims to expand New Yorkers’ constitutional rights, and one regulates New York City courts.

If a proposal is approved by a simple majority of voters, it will be added into the New York State Constitution in January 2022. 

Proposal One: Amending the Apportionment and Redistricting Process

The proposal would freeze the number of State Senate seats at 63 and change how they are apportioned to ensure that all districts are equal in population, including non-citizens and Native Americans if they are not counted in the U.S. Census.

Incarcerated individuals would be counted at their place of previous residence instead of in the place of incarceration. The process for drawing congressional districts would also be revised and amended.

Proposal Two: Right to Clean Air, Clean Water, and a Healthful Environment

The second proposal would enshrine the right to clean air and water into the constitution. New York would be the seventh state to include a similar measure in its constitution, with Pennsylvania being the first in 1971. Hawaii, Illinois, Massachusetts, Montana and Rhode Island also passed similar amendments.

The proposal has garnered wide support from Democrats in state government and environmental groups. A Siena College poll from late June reported that 80% of polled registered voters would be in favor of the measure.

“Only the Grinch wouldn’t vote for clean air, clean water and a healthy environment,” said Rhea Jezer, political chair of the local chapter of the Sierra Club. “This amendment would put the same protections for our right to live in a healthy environment that we currently have for our rights to free speech, religion and due process.”

Opposition against the proposal claims that it could cause undue legal troubles for businesses and industry in New York due to the short length of the proposal’s language that some perceive as vague. 

But Jezer said the brevity makes the proposal easy to understand. 

“In New York we do have legislation protecting the ambient air, but this will strengthen and codify it,” she said. “Having this in the constitution will provide a legal foundation preventing damage to our environment, which I think is very important.”

Proposal Three: Eliminating 10-Day-Advance Voter Registration Requirement

Proposal three would remove Article II, section 5 of the New York Constitution, which requires voters to be registered for an election at least 10 days in advance. With this section removed, the state would move to same-day voter registration, according to Onondaga County Elections Commissioner Dustin Czarny.

“It would allow people who moved or forgot to register in time to be able to register to vote on the day of the election and vote,” Czarny said. “Now, that may be in the form of affidavit ballots. It may be in the form of another method, but first, the constitution has to be changed. And then (the state legislature can) put in enabling legislation.”

Same-day registration is the law in some form in 20 states and Washington, D.C. It can ensure that many people who would otherwise be turned away from the polls on Election Day or during early voting get their votes counted, Czarny said. 

Shantel Guzman | Asst. Digital Editor

Proposal Four: Authorizing No-Excuse Absentee Ballot Voting 

No-excuse absentee voting means any eligible voter can request a mail-in ballot. Under current New York law, only voters who plan to be away from their home counties, are hospitalized in some form or are detained before conviction can apply for an absentee ballot.

In 2020, risk of COVID-19 was added as a reason to request a ballot, allowing any New Yorker to request an absentee ballot. Five times as many people requested mail-in ballots for the 2020 presidential election than four years before. 

This proposal would eliminate all requirements, letting any eligible voter request a mail-in ballot with no questions asked. 

More mail-in ballots were requested this year than in 2019, according to the Onondaga County Board of Elections. This amendment would only increase that number going forward, he said.

“I think that we’re going to definitely see more mail-in ballots over time,” Czarny said. “I envision an electoral system that will be evenly balanced between early voting, in-person voting and absentee.”

Proposal Five: Increasing the Jurisdiction of the New York City Civil Court

Even though the fifth proposal only affects New York City courts, it is on the statewide ballot  because it requires a state constitutional amendment. The proposal would increase the claims limit of the New York City Civil Court from $25,000 to $50,000.

Early voting began on Oct. 23 and runs through Oct. 31 at six locations throughout Onondaga County. While absentee voting has increased since 2019, early voting is at similar rates so far, Czarny said.

Election Day is Nov. 2, and polls will be open from 6 a.m. to 9 p.m.

Published on October 28, 2021 at 1:06 am

Contact Nick: nickrobertson@dailyorange.com | @NickRobertsonSU