The New York State Legislature voted to send five constitutional amendments to voters for the general election on November 2, 2021, and one bond issue to voters for the general election on November 8, 2022. The state Legislature adjourned on June 10, 2021.
On January 20, 2021, the first constitutional amendment was referred to the ballot. The amendment is designed to make several changes to the redistricting process in New York. Legislative votes were largely along party lines, with Democrats supported the amendment and Republicans opposing it. The ballot measure would repeal the higher vote threshold for adopting redistricting plans when the legislature is controlled by a single party. In other words, a simple majority vote would be required for the legislature to adopt plans regardless of party control. Currently, both chambers of the New York State Legislature are controlled by Democrats.
The second constitutional amendment was referred on February 8. The ballot measure would add a right to clean water, clean air, and a healthful environment to the New York Constitution’s Bill of Rights. Senate Democrats supported the proposal, and Senate Republicans were divided 6 to 14. Assembly Democrats, along with the chamber’s one Independence Party member, supported the proposal, while Assembly Republicans split 17-25.
On May 11, 2021, the legislature referred two constitutional amendments related to voting policy. One amendment would authorize the state legislature to pass a statute for no-excuse absentee voting. No-excuse absentee voting would allow any registered voter to request and vote with an absentee ballot. As of 2021, the New York Constitution requires voters to be absent from their home county, ill, or physically disabled to vote with an absentee ballot. Democrats in both chambers supported the amendment, while Republicans were divided 7-13 in the Senate and 13-30 in the Assembly.
The second May 11 amendment would repeal 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 same-day voter registration. Same-day voter registration enables voters to register and vote at the same time. In the Senate, Democrats supported and Republicans opposed the amendment. In the Assembly, Democrats and one Republican supported it, while the remaining 42 Republicans opposed the proposal.
On the final day of the legislative session, the legislature approved a fifth constitutional amendment in a unanimous vote in both chambers. The amendment would increase the New York City Civil Court’s jurisdiction over lawsuits involving claims for damages from $25,000 to $50,000.
The 2022 bond measure is a proposal that was originally set for the November 2020 ballot but was withdrawn due to financial concerns surrounding the coronavirus pandemic. Officially called the Restore Mother Nature Bond Act, the ballot measure would issue $3.00 billion in general obligation bonds for projects related to the environment, natural resources, water infrastructure, and climate change mitigation. It was included as a provision of the state’s budget. Most Democrats (38 of 43 in the Assembly and 88 of 107 in the Senate) voted to approve the budget. All Assembly and Senate Republicans voted against the bill.
In New York, constitutional amendments require a simple majority vote in each legislative chamber in two successive legislative sessions with an election for state legislators in between. All of the constitutional amendments approved in 2021 were previously approved in 2019.
Between 1995 and 2020, the legislature referred an average of 1.7 constitutional amendments to the odd-yer ballot. The highest number during this period was 6 in 2013. Voters approved 76% of the referred amendments.
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