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New York Election of City Mayors Amendment (1839)

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New York Amendment 1

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Election date

November 4, 1839

Topic
Local government officials and elections
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



New York Amendment 1 was on the ballot as a legislatively referred constitutional amendment in New York on November 4, 1839. It was approved.

A "yes" vote supported allowing the state legislature to provide for the annual election of city mayors by eligible male voters, rather than requiring mayors to be appointed annually by city councils.

A "no" vote opposed allowing the state legislature to provide for the annual election of city mayors by eligible male voters, thereby maintaining the requirement that mayors be appointed annually by city councils.


Election results

New York Amendment 1

Result Votes Percentage

Approved Yes

90,473 99.58%
No 382 0.42%
Results are officially certified.
Source


Overview

Joseph F. Zimmerman, a professor of political science at State University of New York at Albany, wrote:[1]

During the colonial period, central control of cities was epitomized by appointment of mayors by the Royal Governor. The policy of central appointment was continued by the first state constitution, adopted in 1777, which vested this power in the Council of Appointment—composed of the governor and one senator from each of four “great districts” elected by the assembly—unless the legislature chose to change the selection system.

Unhappiness with the appointment system and vetoes by the Council of Revision generated agitation for a constitutional convention. Held in 1821, the convention drafted a new constitution without provision for the two councils. Veto power was vested in the governor, and the legislature was authorized to elect the major state officers. The constitution also included a provision for the annual appointment of the mayor of each city by the common council. An 1833 constitutional amendment provided for the popular election of the New York City mayor, and an 1839 amendment authorized the legislature to provide for the popular election of the mayor of every other city.[2]

Text of measure

Ballot title

The ballot title for Amendment 1 was as follows:

For the election of Mayors by the people.

Against the election of Mayors by the people.

Constitutional changes

The ballot measure added the following constitutional amendment to the New York Constitution of 1821:[3]

[Election of mayor.]—Mayors of the several cities in this state may be elected annually by the male inhabitants entitled to vote for members of the common council of such cities respectively, in such manner as the legislature shall by law provide; and the legislature may, from time to time, make such provision by law for the election of any one or more of such mayors; but until such provision be made by law, such mayor (excepting the mayor of the city of New York) shall be appointed in the manner now prescribed by the Constitution of this state; and so much of the tenth section of article fourth of the Constitution of this state as is inconsistent with this amendment is hereby abrogated.[2]

Path to the ballot

Per the Constitution of 1821, a constitutional amendment had to pass the New York State Legislature in two consecutive sessions, requiring a simple majority vote in the first session and a two-thirds majority vote in the second.[3]

See also


External links

Footnotes

  1. Zimmerman, J. F. (1983). The development of local discretionary authority in New York. Publius: The Journal of Federalism, 13(1), 89–103
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  3. 3.0 3.1 Historical Society of the New York Courts, "The Second Constitution of New York, 1821