Ten Things New Yorkers Could Gain or Lose from a 'ConCon'

Next Tuesday, New York voters will get a chance to (choose one) a. pave the way for a progressive overhaul of state government, or b. reverse countless benefits conferred by our state constitution.

That's not how Proposition 1 is framed on the state ballot, but that's how supporters and opponents are framing it. The actual question is whether New York should hold a Constitutional Convention (ConCon)-- something that hasn't happened in 50 years. People who think a convention is a once-in-a-generation opportunity to overhaul the state's guiding document want you to vote "Yes." People who think it's a Pandora's Box that could strip New Yorkers of hard-fought protections want you to vote "No."

Here are some of the top arguments for each side:

PRO-ConCon 

1. Could give voice to people outside the political establishment and circumvent the state's feedback loop of self-interest, where those in power resist any change that would take power away from them.
2. Could bring much-needed reforms to campaign finance, including possibly imposing a ban on outside income, lower caps on campaign donations and increased transparency.
3. Could change the election system — New York has close-to-lowest voter turnout in the nation — by adding early voting and absentee voting upon request, which the majority of states have. Even more expansive provisions such as vote-by-mail and automatic voter registration could be considered.
4. Could outlaw gerrymandering, the 'dark art' of manipulating district maps for representatives every 10 years, following the U.S. Census. The current redistricting system relies on elected officials. A new system will be in place for the 2020 cycle that is nominally more independent, but still gives politicians the final say.
5. Could strengthen unions' collective bargaining rights. The state constitution already guarantees workers' ability to organize and bargain, but doesn't oblige employers to negotiate with them.

  CON-ConCon 

1. The idea of a convention sounds good on paper, but the delegates who would run and be elected would most likely NOT be independent. Most of the delegates would be elected according to state Senate district, each of which encompasses about 300,000 people. The only way to get on a ballot and get elected in an area that large is to already be part of the political establishment.
2. In an era of unlimited election spending (thanks to the U.S. Supreme Court's Citizens United ruling), the convention process could be manipulated by "outside interests" with deep pockets, especially conservative, pro-business forces such as the Koch brothers or the Mercer family. They could finance slates of candidates determined to roll back abortion rights, LGBTQ rights, immigrants' rights, civil liberties and the separation of church and state. Even if the liberal agenda prevailed — all proposed constitutional amendments go back to voters for final approval — the fights could drain scarce resources.
3. Union rights could be especially vulnerable, in particular guaranteed pensions for public employees. Opinion polls have shown that the public is concerned about local and state pension obligations, so opponents could exploit that. Well-financed campaigns have helped convert several states in recent years to "right to work" jurisdictions that make it harder for unions to set up locals and recruit workers.
4. Conservative groups are concerned that a convention could make New York an even more liberal state, enshrining in the constitution access to abortion or lack of access to guns.
5. The convention itself would be costly. Delegates get $79,500 salaries, and the meeting could cost tens of millions of dollars or more — all of which isn't necessary, because there's another less risky and convoluted way to amend the constitution. The legislature — which, after all, is democratically elected and therefore must respond to pressure — can propose and pass amendments that go on the ballot for voters to pass or reject on Election Day.