It’s occurred to all of us: You stroll into the voting sales space positive of your selections, solely to be overwhelmed whenever you flip the poll over and see a bunch of questions you’ve by no means considered earlier than.
THE CITY is right here to assist take a few of the stress off.
Election Day is Nov. 5, and early voting begins Oct. 26 (right here’s our information on the way to register to vote and extra).
That’s when voters in New York Metropolis may have the chance to determine on six poll measures: one that might amend New York’s state structure and 5 others that might make adjustments to the New York Metropolis Constitution.
Bounce to …
What are poll measures?
Poll measures are legal guidelines or questions that voters have the chance to weigh in on immediately, versus voting for representatives who then determine for us.
Many new insurance policies have handed by means of poll measures in New York, together with the Environmental Bond Act in 2022 and ranked-choice voting in 2019. Voters have rejected others, together with a proposal in 2021 to develop voting entry.
This November, each voter all through the state will see a minimum of one query, Proposal 1, which might amend the state structure. Relying on the place you reside, you may additionally see further county or municipality-specific measures. Right here in New York Metropolis, voters will determine on 5 different proposals.
Proposition 1: Equal Safety of Legislation Modification
Query 1, as it’s going to seem in your poll:
“This proposal would shield towards unequal therapy primarily based on ethnicity, nationwide origin, age, incapacity, and intercourse, together with sexual orientation, gender identification and being pregnant. It additionally protects towards unequal therapy primarily based on reproductive healthcare and autonomy.
A “YES” vote places these protections within the New York State Structure.
A “NO” vote leaves these protections out of the State Structure.
Whereas New York has broad authorized protections for abortion, supporters of Proposal 1— generally often known as the New York Equal Rights Modification — say that enshrining these within the state structure would make it more durable to limit abortion rights if the political scenario have been to vary.
In line with Sarah Steiner, a New York-based election legal professional who helps the proposal, if there have been to be a federal abortion ban, this modification would supply a stronger safety for New Yorkers’ proper to the process than a mere legislation would.
“If it’s a New York constitutional modification, it’s extra doubtless that our rights right here can be preserved,” Steiner mentioned. “It’s the perfect probability we’ve received.”
New York’s state Republican Get together opposes the proposal, saying that New York already has anti-discrimination legal guidelines and that this modification goes properly past making a constitutional proper to abortion within the listing of protected lessons it creates.
“This modification is a Trojan Horse that might grant unlawful immigrants entry to advantages paid for by taxpayers, in addition to open the door to non-citizen voting,” mentioned NY GOP Chair Ed Cox in a press release in July. “It could additionally grant boys and males the suitable to compete in women and girls’s sports activities, by elevating ‘gender identification’ to a constitutional proper.”
Cox additionally claimed the proposal “would give minors the suitable to puberty blockers and transgender surgical procedures with out parental consent.”
One other opponent, The Coalition to Defend Youngsters NY, narrows in on the alleged menace to minors, as properly: On its web site, it calls the proposition the “Mother or father Substitute Act.”
Andrew Taverrite, a spokesperson for New Yorkers for Equal Rights, mentioned that claims like this have been false and “simply not credible.”
“In New York, parental consent is already required for minors to obtain any medical process associated to gender-affirming care, and this modification doesn’t change that,” Taverrite mentioned. “It would NOT enable younger folks to have surgical procedures with out their dad and mom’ consent.”
“This can be a narrative being pushed by politicians utilizing a small handful of harmless youngsters as political pawns,” he added.
Propositions 2 to six: The place did they arrive from?
There are 5 different poll questions — proposals two by means of six — that might amend the New York Metropolis Constitution, town’s governing doc. The proposals would make a wide range of adjustments, from including limitations to metropolis processes for funds approval and public security laws to increasing the purview of the Division of Sanitation. (Extra on the specifics within the subsequent part.)
The trail to getting these Constitution-related propositions on the poll has been rocky. Within the spring, the Metropolis Council put forth a poll measure to develop the “recommendation and consent” course of that offers the Council the ability to approve some mayoral appointees.
Across the similar time, Mayor Eric Adams created his personal Constitution Evaluation Fee, assembling a few of his closest allies to steer the method, as THE CITY has reported. His fee met for 2 months this summer time, a timeline that has been criticized by Metropolis Council and advocacy teams as rushed.
The dueling poll proposals brought about a authorized conflict. In line with metropolis legislation, the Metropolis Council’s poll proposals and the mayor’s can’t coexist on the identical poll, and the mayor’s takes priority. Which means solely Mayor Adams’ proposed Constitution revisions will seem this November.
“Mayor Adams’ Constitution Revision Fee Poll Proposals 2-6 are not about bumping recommendation and consent, however may make authorities much less attentive to New Yorkers,” Council spokesperson Julia Agos mentioned in a press release, including that the method was rushed.
“The Mayor’s Fee bypassed the intensive deliberation and public enter of the legislative course of that’s 271 days on common to advance proposals solely 2 days after their public launch,” she mentioned.
The chief director of the mayor’s fee, Diane Savino, says that its 5 poll measures have been the results of listening to New Yorkers’ wants.
“After holding hearings attended by greater than 750 folks in all 5 boroughs and receiving greater than 2,300 written submissions, the Constitution Revision Fee put forth considerate poll proposals reflecting the wishes they heard from New Yorkers for clear streets, fiscal duty, public security, transparency within the metropolis’s capital planning course of and assist for Minority- and Girls-Owned Enterprise Enterprises,” Savino mentioned in a press release.
Opponents to the mayor’s constitution revisions disagree and say that although these poll questions appear innocuous, they’re truly an try and intervene within the metropolis’s legislative course of.
“[Propositions] two by means of six weaken checks and balances and weaken native democracy and enhance energy for the mayor at a time when folks everywhere in the nation ought to be voting for democracy up and down the poll,” mentioned Joo-Hyun Kang, a consultant for No Energy Seize NYC, a marketing campaign that was fashioned in response to the proposed Constitution revisions.
“It’s a complicated and sneaky transfer by the mayor,” Kang mentioned.
In line with Dwyer, New Yorkers can test their mailboxes for an NYC Votes Voter Information from the NYC Marketing campaign Finance Board that was simply mailed out this week.
Propositions 2 to six: What do they are saying?
The propositions will likely be brief and straightforward to learn in accordance with a “plain language” legislation handed in Albany final yr. Nevertheless, the brevity of the poll questions can oversimplify them a bit: for a deep dive on every query; you may learn the poll abstracts, and for a fair deeper dive, the Fee’s remaining report explains intimately how the poll proposals got here to be.
Fortunately, we’ve learn these paperwork for you. Right here’s what you should learn about propositions two by means of six:
Poll Query 2: Cleansing public property
Query 2 as it’s going to seem in your poll: “This proposal would amend the Metropolis Constitution to develop and make clear the Division of Sanitation’s energy to scrub streets and different Metropolis property and require disposal of waste in containers.”
Presently, town Division of Sanitation (DSNY) controls cleanliness and waste administration on New York’s streets and sidewalks. Nevertheless, there are some areas that fall outdoors of DSNY’s jurisdiction, like freeway medians and parks. This proposition would allow DSNY to scrub any city-owned property and implement any laws associated to metropolis cleanliness.
A “sure” on Proposition 2 would additionally set up DSNY’s capability to specify what sort of trash receptacles folks use, an important level within the Mayor’s containerization initiative.
Although it’s not talked about within the textual content that you simply’ll learn in your poll, there’s a 3rd piece of Proposition 2: authority over road distributors. Voting “sure” on Prop 2 would give DSNY the power to ticket road distributors on all city-owned property, together with inside parks, the place the Parks Division and the NYPD have already got enforcement energy. The NYPD and Parks would preserve authority over these areas — if handed, the poll measure would give DSNY enforcement energy there as properly, which may result in elevated ticketing of distributors.
As reported by THE CITY in June, summonses issued to road distributors in metropolis parks have been climbing since 2020, and advocates say that it will solely result in extra unfair focusing on of a largely immigrant workforce.
“They’re making an attempt to sneak in a change to merchandising coverage by including extra enforcement at a time when distributors are already being issued thousand-dollar tickets by armed officers for promoting greenback waters,” mentioned Carina Kaufman-Gutierrez, deputy director of the nonprofit Avenue Vendor Mission, to THE CITY in August. “And to not point out it within the poll query? That’s manipulative and disrespectful.”
When approached for remark, each Parks and DSNY referred again to Metropolis Corridor.
Poll Query 3: Further estimates of the price of proposed legal guidelines and updates to funds deadlines
Query 3 as it’s going to seem in your poll: “This proposal would amend the Metropolis Constitution to require fiscal evaluation from the Council earlier than hearings and votes on legal guidelines, authorize fiscal evaluation from the Mayor, and replace funds deadlines.”
Earlier than the Metropolis Council can vote on any laws, they need to current a Fiscal Influence Assertion alongside the invoice that estimates how a lot the proposed legislation may price. Because it stands now, these statements are the duty of the Metropolis Council, and are created by consulting with metropolis companies and good authorities teams. Staffers create the doc when the invoice is usually finalized, however earlier than the members vote on it.
A “sure” vote on Proposition 3 would change elements of this course of: it will mandate that the Metropolis Council submit a Fiscal Influence Assertion earlier, in order that public hearings on laws may take the price of the legislation into consideration, and would necessitate that every one statements have a funds estimate not simply from Metropolis Council, however from the Workplace of Administration and Funds — a part of the manager department, i.e. the mayor.
In line with the Constitution Revision Fee’s remaining report, the group consulted many funds consultants as they thought-about the change. Fiscal hawks argue that this proposal doesn’t go far sufficient to curb spending and “tackle the very actual issues of de facto budgeting by means of laws,” president Andrew Rein of the Residents Funds Fee instructed THE CITY in August.
Opponents of Prop 3 say that requiring the manager department to submit a funds estimate earlier than a public listening to on a invoice is held will simply delay lawmaking processes that already take years.
Jason Otaño, common counsel for the Metropolis Council, testified at one of many Constitution Revision Fee hearings that Prop 3 would give the mayor’s workplace a “de facto veto” of proposed laws, because the workplace may simply indefinitely withhold the knowledge wanted to create a Fiscal Influence Assertion. In line with the Fee’s remaining report which collected the testimony, Otaño mentioned that the proposal would have a “chilling impact on the trade of concepts.”
Along with its extra controversial first provision, Prop 3 would additionally institute some brief extensions on metropolis funds deadlines. First, it will lengthen the preliminary funds deadline from January 16 to February 1 on years when a brand new mayor has been elected, after which shift the deadline the place the Unbiased Funds Workplace experiences on expenditures from February 1 to February 15. In yearly, it will additionally lengthen the deadline for the manager funds to be submitted from April 26 to Might 1, after which the deadline for borough presidents to make their suggestions from Might 6 to Might 13.
Poll Query 4: Extra discover and time earlier than votes on public security laws
Query 4 as it’s going to seem in your poll: “This proposal would require further public discover and time earlier than the Metropolis Council votes on legal guidelines respecting the general public security operations of the Police, Correction, or Hearth Departments.”
This one is fairly easy. If the Metropolis Council needs to vote on a legislation that has to do with public security — particularly regarding the NYPD, town Division of Correction or FDNY — they should notify the general public, the mayor and all the affected companies a minimum of 30 days earlier than the vote.
In these 30 days, the mayor and or the companies may maintain their very own hearings to solicit public enter. The Constitution Evaluation Fee argues that since public security is of “central significance” to town, it requires a distinct public enter course of than different laws. Union and company representatives from the police, correction and fireplace departments agree.
Residents Union, an excellent authorities group, disagrees, testifying at one of many public hearings that “public security laws receives comparable public enter alternatives as different legal guidelines on different points.”
Metropolis and State reported that opponents felt that the Adams administration was pushing this proposal in direct response to 2 particular legal guidelines handed by Metropolis Council earlier this yr: one which requires the NYPD to report on lower-level encounters with residents and one other which bans solitary confinement. Adams vetoed each these legal guidelines, and the Metropolis Council then overrode him.
Poll Query 5: Capital planning
Query 5 as it’s going to seem in your poll: “This proposal would amend the Metropolis Constitution to require extra element within the annual evaluation of Metropolis amenities, mandate that facility wants inform capital planning, and replace capital planning deadlines.”
Town releases a lot of experiences that take inventory of its infrastructure: what wants fixing, what must be expanded, what’s going to be constructed. If this proposition passes, one main annual report — the Citywide Assertion of Wants — can be expanded to incorporate extra data on upkeep wants, and one other report — the Ten-12 months Capital Technique — would want to explicitly take the findings within the Assertion of Wants into consideration for its plan.
In line with the Constitution Revision Fee, these suggestions have been developed after testimony from Comptroller Brad Lander, who wished to make the most of the poll measures to implement funds reforms.
Nevertheless, Lander mentioned that Proposition 5 doesn’t truly draw on his workplace’s suggestions.
“[The proposal] is meaningless, doesn’t advance transparency, and fails to enhance the Metropolis’s capital planning course of in any method,” Lander mentioned in a press release. “Just like the Fee’s rushed course of and different suggestions, it’s merely a cynical effort to distract New Yorkers.”
In contrast to Lander’s proposal, which might contain a far bigger infrastructure stock, the Assertion of Wants covers lower than 1% of town’s infrastructure. “Requiring the Citywide Assertion of Wants to incorporate further element on facility situation is meaningless for capital funds planning functions – since these are the truth is the tasks that the Metropolis has already determined must be improved and to take a position funds to take action,” the assertion learn.
Poll Query 6: Minority and Girls-Owned Enterprise Enterprises (MWBEs), movie permits, and archive overview boards
Query 6 as it’s going to seem in your poll: “This proposal would amend the Metropolis Constitution to ascertain the Chief Enterprise Variety Officer (CBDO), authorize the Mayor to designate the workplace that points movie permits, and mix archive boards.”
The final query is definitely three questions bundled into one. The primary one would set up a everlasting Chief Enterprise Variety Officer. The CBDO is a brand new place added by the Adams administration, and the present CBDO is Michael Garner. Because the CBDO, Garner is closely concerned within the metropolis’s Minority and Girls-Owned Enterprise Enterprises (MWBE) program, and has been a part of the push to rent MWBE-shortlisted safety companies for town’s shelters — a listing that features a safety agency beforehand owned by former Deputy Mayor Philip Banks III.
Second, Prop 6 seeks to vary which places of work have the power to concern movie permits. Presently, if you wish to make a film, you should get a allow from the Division of Small Enterprise Companies. This proposition would make it in order that the Mayor’s Workplace of Media and Leisure would even have the ability to concern these permits.
Third, this proposition would merge two “redundant” archive boards: the Archival Evaluation Board and the Archives, Reference and Analysis Advisory Board. Pauline Toole, the Commissioner for the Division of Information and Info Companies (DORIS), which manages each boards, says that the DORIS proposed the merge with a purpose to enhance effectivity. She testified that not too long ago, the boards have been assembly collectively — as a result of their jobs are so comparable that there’s no must have separate conferences.
Have a query in regards to the poll proposals, or about voting in New York this yr? Attain out to our newsroom at ask@thecity.nyc.
