Rules

The method for turning ideas into law is defined in the lengthy Rules of the Assembly and Senate. These Rules form the foundation of the legislative process in New York State.

Here's the problem:
Under the current rules of the Assembly and Senate:

• Major barriers prevent legislation from getting to the full Assembly or Senate for review, debate, amendment, and vote by our elected representatives
• Two people (the Assembly Speaker and Senate Majority Leader) have absolute control over the legislative process
• Staffing and resources are used by the leaders to reward/punish individual Legislators - thereby controlling their votes
• Politics and powerful special interests drive the legislative agenda
• New or alternative ideas are suffocated without examination or fair consideration
• A weak and dysfunctional committee system thwarts the development of sound legislative proposals
• Committees work without public scrutiny, input, hearings, records, or accountability
• There is no level playing field. Minority members in both chambers are systematically disadvantaged (staff, resources, power) and disenfranchised in the legislative process
• There is no requirement for conference committees to reconcile conflicting bills.
  Result = gridlock on major legislation.
• New York gets government by "three men in a room", instead of representative democracy

Our Solution:
The Rules of the Assembly and the Senate must be changed to assure the legislative process is open, fair, democratic, deliberative, transparent, effective, and accountable to citizens. Revised Rules must:

Restore our elected representatives to their rightful role in the legislative process by -

• Eliminating barriers that prevent legislation from getting to the full Assembly or Senate for review, debate, amendment, and vote by our elected representatives
• Eliminating rules which give the Assembly Leader and Senate Majority Leader complete control over the legislative agenda, calendar, and process
• Prohibiting the Ways and Means or Rules Committees from preventing bills from being reported out of committee
• Giving committees full authority and responsibility to develop, evaluate, debate, draft, and revise legislation (including solicitation of public and expert feedback)
• Requiring that standing committees vote on all bills referred to them, and that committee activity and votes are a matter of public record
• Requiring that all bills favorably reported by a committee to the legislative floor be accompanied by a detailed committee report
• Giving each committee the authority and funding to hire its own professional staff
• Providing equal funding, resources, and staff for all elected representatives
• Requiring that all future rules changes will be considered by the full chamber, rather than the Rules Committee

Preventing gridlock by requiring the use of conference committees to reconcile differences between bills passed by each house by -

• Convening a conference committee at the request of the prime sponsor from either chamber or the Speaker or Majority Leader
• Convening such committees for a “mark up” session within two weeks of such a request
• Opening such committee proceedings to the public and providing a transcribed record

Redistricting

"Redistricting" is the periodic process by which State and Federal legislative districts are drawn or changed. These districts establish the boundaries within which candidates compete for office in the State Assembly, State Senate, and the US House of Representatives.

In the New York legislature, the leadership controls the drawing of district lines for each house. The Republican-controlled Senate draws its lines and the Democrat-controlled Assembly does the same. Both houses agree to the other's plan, and the legislation is sent to the Governor for his approval.

Here's the problem:
Under the current system:

• Political parties choose their voters, instead of voters choosing their representatives
• Partisan Assembly and Senate leaders use voter registration data to draw or change district lines
• Districts are "gerrymandered" by the majority party of each house to make it easy for them to win elections and maintain power
• Voting districts make no sense (in terms of size, configuration, compactness, communities of interest, district population, etc.)
• Districts are uncompetitive, and incumbents are virtually assured of lifetime employment
• It is almost impossible for minority-party candidates to successfully contest safe-seats because the outcome has been rigged by political leaders.
• Incumbents are often unopposed, or faced with token or sacrificial candidates from the minority party.
• Potentially-excellent legislators are excluded from holding office.
• Lack of real competition discourages many voters from going to the polls.
• Legislators have no accountability to the people they are supposed to represent
• Party bosses and powerful special interests have far more influence on legislators than the citizens they represent

Our Solution:
Enact legislation that would ideally amend the State Constitution or otherwise require an independent non-partisan commission to carry out redistricting for the US Congress, State Senate, and State Assembly with specific rules to

• Prohibit the use of voter registration data, voting patterns, or location of incumbents to establish or change voting districts
• Maximize the number of competitive districts
• Configure districts to be compact and contiguous
• Prohibit district populations to deviate more than +/- 0.5% from the mean district population
• Ensure that districts comply with the federal Voting Rights Act
• Respect communities of interest
• Place prisoners in their home districts
• Require public disclosure of and access to the competing redistricting plans, the data used, and the software used to derive those plans

Referendum and Initiative

What is Referendum and Initiative?
Referendum refers to the power of the people to place on the ballot laws that already have been enacted by the Legislature and either accept or reject them in whole or in part.

Initiative is a proposed change in State Law or the Constitution that is placed on the ballot for a popular vote.

To be placed on the ballot, both Referendum and Initiative require gathering the signatures of a specified number of registered voters on a petition.

About half the states have Referendum and/or Initiative. New York does not.

There is nothing to fear from a well-designed, responsible R&I process. Only petitions with broad support would make it to the ballot for public vote.

Here's the problem:
Without Referendum and Initiative,

• The Legislature can ignore or sidestep major issues facing the state, with no consequence
• Citizens have no check or balance against concentration or abuse of power
• Citizens have no recourse if the Legislature fails to act or acts irresponsibly
• Citizens have no opportunity to influence public policy, improve government, or put new ideas into the political debate
• There is less incentive for lawmakers to be responsive and responsible to the people
• The people have no direct voice in the process of government

Our Solution:
Enact a constitutional amendment to provide Referendum and Initiative in order to:

• Make government more responsive;
• Counterbalance the power of special interests;
• Stimulate public involvement in the political process;
• Provide for a greater system of checks and balances; and
• Enhance direct democracy.

CBGNY's Ten Key Principles for R&I

While it is the responsibility of the Legislature to craft the details of R&I legislation, Citizens for Better Government in New York (CBGNY) believes any responsible R&I process should incorporate the following principles:

1. The right of R&I should be adequately defined, with a clear statement of what it can and cannot be used for.
   Rationale: Clarity of purpose and scope will promote understanding and effective use of R&I by citizens, while reducing unnecessary challenges or invalid petition drives.
2. R&I should be embedded in the State Constitution.
   Rationale: One of the purposes of R&I is to give citizens a remedy against an ineffective, negligent, or irresponsible Legislature. Embedding the citizens' right to R&I in the Constitution provides durability and shelter from arbitrary reversal by the Legislature
3. Petition process should be simple, accessible, and designed for intrinsic integrity.
   Rationale: An effective petition process is required to give voters genuine "voice" while preventing process dysfunction.
4. To appear on the ballot, initiative petitions should meet standards which provide evidence of a reasonable threshold of support among statewide voters.
   Rationale: Voters and State government should not have to deal with propositions which have little or no support among the general citizenry.
5. Initiatives on the ballot in any given year should be limited in number (e.g., four)
   Rationale: To prevent ballot clutter, confusion, and chaos.
6. There should be strict time and action requirements for any State agency (for example, Attorney General, Legislative Bill Drafting Commission, State Board of Elections, Courts, etc.) that may participate in the petition review process.
   Rationale: To assure an efficient process, not hampered by governmental inefficiency or politics.
7. Initiatives to amend the Constitution should have a higher standard for passage (for example, require to be passed in two successive elections in which there are candidates for the State Senate and Assembly).
   Rationale: Constitutional amendments should be few, carefully-considered, and reflect ongoing support by the citizens.
8. Initiatives approved by the voters should have reasonable protection from Legislative repeal or amendment, including: 1) a waiting period (at least two years) before the Legislature can propose to repeal or amend, and 2) a requirement for voter approval of any such proposal.
   Rationale: An effective R&I process requires stability, durability, and protection from Legislative attack.
9. The R&I Constitutional amendment should reserve the power of R&I to the citizens of all cities, towns, counties and villages
   Rationale: Citizens should have expanded voice at all levels of government.
10. Adequate checks. balances, and safeguards should be built into the R&I process.
    Rationale: To prevent against misuse or abuse.