State bill would address vulnerabilities in NYS law that allow mayors to block voters’ ballot access to propose charter revisions
The New York City Council passed a resolution to call on state lawmakers in Albany to enact legislation that protects the City’s charter revision process. Resolution 740, sponsored by Council Member Lincoln Restler and co-sponsored by Speaker Adrienne Adams, calls on the New York State Legislature to pass, and Governor Kathy Hochul to sign, S.590/A. 3665, which would protect ballot access for charter revision proposals from being blocked by mayoral-enacted charter revision commissions and increase transparency requirements for commissions. The state legislation would address vulnerabilities in state law governing the process for localities to revise their charters.
Current state law establishes practically no transparency standards and empowers the political weaponization of Charter Review Commissions by mayors. Recent extreme exploitation of the gaps in state law has established a dangerous model for mayors to manipulate and weaponize the process to weaken local democracy. This state legislation protects local democracy and the ability for New Yorkers to offer ballot proposals and more clearly understand such proposals.
“New Yorkers deserve a government that is accountable to them, and this bill would ensure that the process for charter revisions is transparent and doesn’t allow for New Yorkers’ ballot access to be blocked,” said Speaker Adrienne Adams. “Charter Revision Commissions should undertake a serious, thoughtful, and inclusive process to develop proposals that improve our government, not be political weapons to undermine democracy. We urge the State to pass this bill to restore faith in good governance and prevent it from being diminished.”
“I’m proud to sponsor this resolution encouraging our partners in Albany to pass legislation that prevents Mayors from blocking good government reforms from reaching the most important decision makers – the voters,” said Council Member Lincoln Restler. “It is essential that we allow the City Council and every day New Yorkers to propose smart ideas that can improve City government for the better – without the interference of the Mayor. Thank you to Speaker Adams, Senator Krueger, Assembly Member Simone, and former Assembly Member Gottfried for championing this critical measure.”
For years, New York City mayors have exploited gaps in state law to block charter revision proposals offered by the City Council or voters from access to the ballot. However, last year, Mayor Adams weaponized this authority in a far more extreme way to block a legislatively proposed charter revision ballot proposal. The mayor created a Charter Revision Commission that bypassed meaningful democratic process and transparency, rushing its completion in less than two months and approving specific proposals less than two days after their public release without any opportunity for public input. Mayor Adams’ 2024 Commission even revised its proposals hours before voting on them without making any clear public announcement, then just days later submitted them for the ballot.
Without transparency or safeguards to ensure accuracy of the ballot language describing such proposals, voters approved most of them based on misleading descriptions and extremely limited information about their true impact of reducing government accountability, oversight, and transparency. As a result, the City’s budget process was made less transparent and legislative oversight of city agencies was weakened.
Months later, after the Council announced plans to initiate a Charter Revision Commission through its authority granted by state law, the Mayor empaneled another Commission to block ballot access for proposals developed by the Council’s commission. A mayor’s authority to propose charter revisions should not include the power to block ballot access for other stakeholders in local democracy or be unfettered to bypass transparency. Changes to state law can clarify and strengthen the charter revision process to protect local democracy.
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