The Independent View: Committee Formed to Support NY Constitutional Convention Vote

A new Private Sector Committee has been created by Evan Davis, a former Counsel to Governor Mario Cuomo, to support the November Ballot Question whether to call a Constitutional Convention next year to hold the Convention in 2019. Davis is being joined by a group of 39 other experienced State Activists, including former Lt. Governor Stan Lundine and Court of Appeal Chief Judge Jonathan Lippman.

The 40 members of the Committee for a Constitutional Convention include people who have served in prominent State Posts, such as: former State Senator Marty Connor; Academics like Touro Law Center Dean Patty Salkin; the Benjamin Center’s Gerald Benjamin; Attorneys such as 2010 Attorney General candidate Sean Coffey and Robbie Kaplan, who argued the Case that resulted in the Defense of Marriage Act being struck down.

Evan Davis, the Group’s Manager, is an Attorney at Clearly Gottlieb. He’s previously served as President of the New York City Bar Association and was the Vice Chairman of Columbia University's Board of Trustees. “We definitely want to help support the convention call with a campaign for a ‘yes’ vote,” Davis said. “There are a number of changes that need to be made to strengthen the constitution that the Legislature is never going to adopt … so the only way to get these changes made is to get it through a convention where the people would elect delegates committed to making the changes.”

As for what these changes would entail, Davis said fixing Albany’s Corruption problem is at the top of the list.

“First on the list is ethics — putting ethics into the constitution, having an ethics agency that is really independent and not one like we have now where the party leaders appoint people and you have a voting requirement that requires a particular party’s nominee,” he said. “The Legislature, we don’t believe will ever change that, so to have real ethics in Albany, you need to put it into the constitution and the people need to do it.”

He also identified Home Rule reform and Voting as topics that would be more likely to be addressed at a Convention than through the regular Legislative process.

If this year's Referendum is approved, Voters would elect Delegates in 2018. The Convention would be held the next year, and whatever Amendments Delegates draft would go back to the Voters that November.

In 1997, the last time the question of a Convention was brought to the Public, 63% of Voters opposed it. Several of the groups that played a major role in the Opposition Campaign, such as the New York State United Teachers and the Conservative Party, have already come out against this year's Referendum.

Davis is optimistic more voters will get behind it this time. “I think the problems in Albany of corruption and dysfunction are more apparent than they were before,” he said. “I think that many people feel that with some of the things going on in Washington, this is a time where it’s really important to have a strong New York constitution that protects our civil rights and liberties.” He also believes “there’s an appetite for change, for good change.” These factors, he said, “could lead people to be more receptive than in 1997 to vote for a convention.”

One of the unanswered questions about the dynamics of this year’s Vote is how energetic the Governor will be to make the case for a Constitutional Convention. Mario Cuomo was an ardent supporter in the run-up to the Vote two decades ago, and while his son says he’s in favor of a Convention, he hasn’t taken all of the steps that one might expect of a proponent.

For example, while a Preparatory Convention was convened four years before the 1997 vote, Gov. Cuomo first proposed funding for one last year. He quietly dropped it from his budget, and didn’t include it in this year’s proposal.

But Davis said there’s still time for much of the logistical work to be done, and believes the current Cuomo will be motivated to make a push.

“It’s still early,” he said. “Governor Andrew Cuomo has proposed a number of constitutional amendments, things like a full-time Legislature, things like same-day registration which is barred by the constitution now, things like term limits, he’s proposed amendments in all those areas. If the Legislature doesn’t initiate them, I think he would want to see them done through a convention.”