Amending New York’s Constitution: A Voter’s Guide to Proposition 1, A Key Ballot Measure

Ever wondered how much impact your vote can really have? This year, New Yorkers have a unique chance to do more than elect officials—they can help redefine the state’s constitution.

While it might feel like our votes are less impactful because of New York City's longstanding Democratic stronghold, there's more at stake this year than who wins office. Key issues, such as access to abortion and expanded anti-discrimination protections, are also on the ballot. These ballot measures, like Proposition 1, offer New Yorkers the chance to shape the future and even amend the New York State Constitution to reflect our current values.

In this explainer, I’ll discuss the structure of the New York State Constitution, the intricate process of amending it, and dive into the details of Proposition 1, an important amendment up for vote this cycle. 

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New York State Constitution 

The New York State Constitution serves as the foundational document outlining the organization, powers, and responsibilities of the state government, much like the U.S. Constitution does for the federal government. 

The New York State Constitution predates the United States Constitution by over a decade, showcasing the state's early commitment to democratic principles. Since its inception, the constitution has undergone numerous revisions (over 200 times) to reflect changing social norms and political realities, with the current version ratified in 1938. New York has adopted four constitutions (1777, 1821, 1846, and 1894) and held eight constitutional conventions (1801, 1821, 1846, 1867, 1894, 1915, 1938, and 1967). 

New York State’s Constitution, with over 50k words and filled with amendments, is far longer than the U.S. Constitution and the average of other states. Part of the reason it is so long is that it is difficult to amend the constitution. Although it is very comprehensive, it also has some anachronisms. Understanding the structure of this foundational document is key to appreciating why amending it is no simple task.

Amending the New York State Constitution

There are two ways to amend the constitution: 

1. A proposal by the legislature 

2. A constitutional convention 

In both cases, these proposals need voter approval to become part of the Constitution.

1. Legislative Proposal

The most common method of amending the constitution is through legislative proposals. This process begins when an amendment is proposed in either the State Assembly or Senate. The proposal must then pass both houses by a simple majority. Once passed, the proposal must go through a second round of approval in the next legislative session, typically following a general election. If the Legislature approves it in both sessions, the amendment appears on the ballot for a public vote. A majority of voters must approve it for it to become law.

2. Constitutional Convention

Another option for amending the New York State Constitution is through a constitutional convention, which occurs every 20 years when voters are asked whether they want to hold one. If approved, delegates are elected to the convention, where they can propose amendments or even a complete rewrite of the constitution. These proposed changes are then placed on the ballot for voter approval. Although the process is relatively rare, it provides an opportunity for comprehensive constitutional reform.

Proposition 1: The Equal Rights Amendment on the 2024 Ballot

One of the most anticipated amendments in the upcoming 2024 elections is Proposition 1, also known as the Equal Rights Amendment (ERA). This proposed amendment would enshrine a variety of protections in the New York State Constitution, including abortion rights, protections against discrimination based on gender identity, age, and sexual orientation, and protections for pregnancy and pregnancy outcomes.¹

What Does Proposition 1 Seek to Achieve?

Proposition 1 aims to expand anti-discrimination protections by preventing discrimination based on pregnancy, pregnancy outcomes, and reproductive health decisions. While the word “abortion” is not explicitly mentioned in the amendment, it is seen as a measure that would protect access to reproductive health care, including abortion.² Furthermore, Proposition 1 seeks to protect people from discrimination based on gender identity, sexual orientation, age, and several other identities, solidifying New York’s commitment to ensuring broad civil rights protections.

The Political Climate Around Proposition 1

The ERA has become a political flashpoint, attracting support and opposition from various groups. Supporters argue that Proposition 1 is essential to guarantee equal rights for all New Yorkers, particularly in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade. Although abortion rights remain protected under New York state law, proponents of Proposition 1 believe that enshrining these protections in the constitution will ensure lasting protection.

On the other hand, opponents, particularly Republican lawmakers, have criticized the amendment. Some argue that it could have unintended consequences, such as affecting women-only spaces and allowing minors to access gender-affirming surgery without parental consent.³ 

How Proposition 1 Reflects the Amendment Process

Proposition 1 exemplifies how the legislative proposal method can be used to amend the New York State Constitution. It reached the 2024 ballot after being approved twice by the New York State Legislature, as required by the amendment process. The initial proposal gained enough support to pass both houses, and after passing again in a separate session, it was placed on the ballot for voters to approve or reject. If a majority of voters support Proposition 1, it will become an official part of the New York State Constitution, ensuring that New Yorkers are constitutionally protected from discrimination based on gender, reproductive health decisions, and other identities.

Conclusion

The New York State Constitution is a comprehensive and evolving document that reflects the state's progressive values. The legislative process to amend the New York State Constitution is both intricate and time-consuming. Because it requires passage by two separate legislative bodies in two consecutive sessions, the process does not allow for quick changes. This design is intentional, as it provides numerous checks and balances that limit rapid alterations to the state’s fundamental laws. While this thoroughness ensures thoughtful consideration and minimizes rash decisions, it also means that amendments can take several years to complete. This lengthy and complex process can be frustrating, especially in cases where timely changes are desired.

However, through the amendment process, New Yorkers have a direct hand in shaping their government and society. In the upcoming 2024 elections, Proposition 1 provides a clear example of this process in action. By voting on the Equal Rights Amendment, New Yorkers will decide whether to expand the constitution's protections against discrimination and solidify access to reproductive health rights. This opportunity underscores the significance of state-level governance and the impact that constitutional amendments can have on daily life and civil rights. By voting on Proposition 1, New Yorkers are not just shaping the state's future; they’re influencing protections that impact everyday life, from the workplace to personal healthcare decisions.

This November, every voter has the power to contribute to our state’s evolution and ensure it reflects the values we hold dear. So, let your vote be your voice—it’s your chance to help shape a New York that represents us all.

1. https://www.nycvotes.org/whats-on-the-ballot/2024-state-and-federal-general-election/ballot-proposals/

2. https://elections.ny.gov/system/files/documents/2024/08/amended-proposal-one-certification-2024_1.pdf

3. https://www.cityandstateny.com/policy/2024/09/nyc-residents-will-vote-these-6-ballot-proposals-november/399795/