Senator John J. Flanagan (2nd Senate District) announced today that a constitutional amendment he sponsored to provide residents with a more direct role in the affairs of government has passed the Senate. The Initiative and Referendum amendment would empower the public to join together to enact and amend laws. "The residents of New York State have a right to vote on the issues they feel are important and this amendment will enable them to exercise that right,” stated Senator Flanagan. “Participating in government should be expanded beyond voting for a representative and everyone should have the power to bring an idea to the people of New York State. This state belongs to the residents and our laws should reflect that truth.” The legislation the Senate passed would amend the State Constitution to allow for direct initiative and referendum to place measures on the ballot at the November general election for a popular vote after a certain number of signatures are collected. An initiative is a proposal, offered by the citizens, that amends the constitution or proposes a new law. A referendum refers to the ability of the people to call for a vote on laws that have already been enacted into law and either accept or reject them in whole or in part. Under the proposal Senator Flanagan sponsored, signatures from five percent of the total voters statewide in the last gubernatorial election would be required. To ensure that a measure has a broad base of statewide support, these signatures would be required to include at least 5,000 signatures of residents from at least three-fifths of the State's congressional districts. Once on the ballot, an initiative or referendum would become law if it receives a majority of the votes cast. A measure enacted through initiative and referendum could not be repealed or amended by the Legislature for at least two years, and any modifications after that period could only be made with voter approval. Measures could be amended or repealed by the voters through the initiative and referendum process at any time. According to the legislation, the State Constitution could also be amended through initiative and referendum. But a vote on such a proposal could only be voted on during a general election every two years when the members of the State Legislature are on the ballot. The measure would also have to be approved by the voters at two such elections. The legislation also allows for initiative and referendum at the county, city, town or village level. To propose any measure at the local level, signatures from at least five percent of the residents in the municipality who voted in the last gubernatorial election would be required. A measure would become law if it receives the approval of the majority of voters within the municipality. Any amendment to the State Constitution, such as this proposal, must be approved by two separately elected Legislatures and thereafter by a majority of the voters of the State. If passed by the Assembly this year and passed again by both houses next year, it would go before voters in November 2009.
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