New York Proposal 2, Exclude Indebtedness for Sewage Facilities Amendment (2023)

New York Proposal 2
Election date November 7, 2023
Topic State and local government budgets, spending and finance
Status a Approved
Type Constitutional amendment	Origin State legislature

New York Proposal 2, the Exclude Indebtedness for Sewage Facilities Amendment, was on the ballot in New York as a legislatively referred constitutional amendment on November 7, 2023. It was approved.

A "yes" vote supported allowing municipalities to exclude from their constitutional debt limits indebtedness for the construction or reconstruction of sewage facilities for an additional ten years (2024-2034).

A "no" vote opposed allowing municipalities to exclude from their constitutional debt limits indebtedness for the construction or reconstruction of sewage facilities for an additional ten years (2024-2034).

Election results

New York Proposal 2
Result		Votes	Percentage
Yes		1,582,382	68.00%
No		744,696	32.00%

Results are officially certified.

Source

Overview

What did this amendment do?

See also: Text of measure

The amendment extended for 10 years an existing constitutional provision that would have otherwise expired. This provision was designed to exclude constitutional debt limits when it comes to the construction or maintenance of sewer facilities. This was first authorized in 1963 with the voter approval of Amendment 5. Under the New York Constitution, state municipalities had a limit of how much debt could be incurred. Article VIII, Section 4 of the Constitution set the debt limit as a percentage of the five-year average full valuation of taxable property within a municipality. The percentage varied by municipality. With the approval of Amendment 5 in 1963, debt incurred from the construction or improvement of sewage facilities was exempt from this constitutional debt limit.

When was this amendment approved before?

See also: Previous measures excluding indebtedness for sewage facilities

The amendment was first authorized in 1963 when voters approved Amendment 5. The amendment was approved a total of six times every ten years. New York voters approved the following amendments:

• 1963: Voters approved Amendment 5 by 63%-36% on Nov. 5, 1963.
• 1973: Voters approved Amendment 1 by 54%-45% on Nov. 7, 1973.
• 1983: Voters approved Proposal 2 by 51%-48% on Nov. 8, 1983.
• 1993: Voters approved Proposal 2 by 50%-49% on Nov. 2, 1993.
• 2003: Voters approved Proposal 1 by 52%-47% on Nov. 4, 2003.
• 2013: Voters approved Proposal 3 by 62%-37% on Nov. 5, 2013.

How did this amendment get on the ballot?

See also: Path to the ballot

In order to amend the New York Constitution, both chambers of the state legislature must approve the amendment by a simple majority vote in two consecutive legislative sessions. Amendments do not require the governor's signature to be referred to the ballot.

In the 2021-2022 legislative session, Senate Bill S8931 was introduced on April 29, 2022. It was approved by the Senate on May 31, 2022, with a vote of 63-0. The Assembly also passed the amendment on June 3, 2022, with a vote of 149-0. In the 2023-2024 legislative session, the Senate approved the amendment on March 23, 2023, with a vote of 61-0. Similarly, it gained House approval on May 17, 2023, with a vote of 146-0.

Text of measure

Ballot title

The official ballot title was as follows:

“

Proposal Number Two, An Amendment Extending Sewage Project Debt Exclusion From Debt Limit The proposed amendment to Article 8, section 5 of the Constitution extends for ten years the authority of counties, cities, towns, and villages to remove from their constitutional debt limits debt for the construction of sewage facilities. Shall the proposed amendment be approved?

”

Constitutional changes

See also: New York Constitution

The ballot measure amended Article VIII, Section 5, Paragraph E of the New York Constitution. The following underlined text was added and struck-through text was deleted:

Text of Section 5, Paragraph E:

E. Indebtedness contracted on or after January first, nineteen hundred sixty-two and prior to January first, two thousand twenty-four thirty-four, for the construction or reconstruction of facilities for the conveyance, treatment and disposal of sewage. The legislature shall prescribe the method by which and the terms and conditions under which the amount of any such indebtedness to be excluded shall be determined, and no such indebtedness shall be excluded except in accordance with such determination.

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 12, and the FRE is 35. The word count for the ballot title is 54.

Support

Supporters

Officials

• State Asm. William Conrad (D)

Arguments

• State Comptroller Thomas DiNapoli (D): "The need and rationale for the debt exclusion cited in 1963 and in each subsequent extension remains relevant and valid today. Local government finances continue to be strained by the need to repair or replace aging sewer infrastructure. Indeed, the urgent need for improvements and upgrades to municipal sewer facilities is well-documented as an ongoing concern for local governments."

Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Campaign finance

See also: Campaign finance requirements for New York ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Media editorials

See also: 2023 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

• Buffalo News Editorial Board: Specifically, the amendment would renew for 10 years the authority of counties, cities, towns and villages to remove debt for the construction of sewage facilities from their constitutional debt limits. The state has allowed that practice since 1963, but must be reauthorized every 10 years. It’s worth doing again.
• Newsday Editorial Board: "The New York Constitution limits the debt that various counties, cities, towns and villages can incur. Fortunately, that limit does not include debt for sewage treatment and disposal facilities, which is a crucial matter for both Long Island counties. But the exception would end on Jan. 1 if the amendment does not pass, potentially throwing a wrench into key financing plans. If the measure passes, as we’d recommend, the necessary debt exception will apply until Jan. 1, 2034."

Opposition

Ballotpedia did not locate media editorial boards in opposition to the ballot measure.

Background

Constitutional debt limits for municipalities

The Article VIII, Section 4 of the New York Constitution, municipalities had a set limit of how much debt could be incurred. Under Article VIII, Section 4, this debt limit was set as a percentage of the five-year average full valuation of taxable property within the municipality. The percentage amount varied by municipality in the constitution.

• Nassau County: 10%
• All other counties: 7%
• New York City: 10%
• All other cities with 125,000 or more inhabitants: 9%
• All other cities with less than 125,000 inhabitants: 7%
• Towns: 7%
• Villages: 7%

Excluding indebtedness for sewage facilities

In 1963, voters approved Amendment 5, which provided for excluding sewer debt from constitutional debt limits for a 10 year period. According to a memorandum in support of the 2023 amendment, New York State Comptroller Thomas DiNapoli (D) said, "The purpose of the exclusion when it was originally added to the Constitution was to encourage and enable municipalities to participate in the State's then-new sewer construction assistance plan and issue debt for sewer facilities without reducing their capacity to incur debt within the constitutional debt limit for other capital improvements. The intent in limiting the exclusion to debt incurred during a 10-year period was to encourage municipalities to take action within that timeframe; the exclusion would thereby assist in accomplishing the purposes of the State's water anti-pollution program."

The measure to extend the amendment for another 10 years appeared on the ballot a total of six times: in 1963, 1973, 1983, 1993, 2003, and 2013.

• 1963: Voters approved Amendment 5 by 63%-36% on Nov. 5, 1963.
• 1973: Voters approved Amendment 1 by 54%-45% on Nov. 7, 1973.
• 1983: Voters approved Proposal 2 by 51%-48% on Nov. 8, 1983.
• 1993: Voters approved Proposal 2 by 50%-49% on Nov. 2, 1993.
• 2003: Voters approved Proposal 1 by 52%-47% on Nov. 4, 2003.
• 2013: Voters approved Proposal 3 by 62%-37% on Nov. 5, 2013.

New York historical facts

A total of 56 measures appeared on statewide ballots in New York from 1985 to 2022.

• From 1985 to 2022, the number of measures on statewide ballots ranged from zero to 6.
• From 1985 to 2022, an average of 0.5 measures appeared on the ballot in New York during even-numbered election years. The median number of measures was zero.
• From 1985 to 2022, 72.7 percent (8 of 11) of the total number of measures that appeared on statewide ballots during even-numbered years were approved, and 27.2 percent (3 of 11) were defeated.

Ballot measures in New York, 1985-2022
Type	Total number	Approved	Percent approved	Defeated	Percent defeated	Average	Median	Minimum	Maximum
All measures	56	40	71%	16	28%	1.36	1	0	6
Constitutional amendments	30	21	70%	9	30%	1.07	0	0	6

Path to the ballot

Amending the New York Constitution

See also: Amending the New York Constitution

A simple majority vote is required during two successive legislative sessions for the New York State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 126 votes in the New York State Assembly and 32 votes in the New York State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Amendment in the state legislature (2021-2022)

The Exclude Indebtedness for Sewage Facilities was introduced as Senate Bill S8931 on April 29, 2022. It passed the Senate on May 31, 2022, with a 63-0 vote. On June 3, 2022, it passed the Assembly with a 149-0 vote (with one absence).

Vote in the New York State Senate May 25, 2022
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 32  a
	Yes	No	Not voting
Total	63	0	0
Total percent	100%	0%	0%
Democrat	43	0	0
Republican	20	0	0

Vote in the New York State Assembly June 3, 2022
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 75  a
	Yes	No	Not voting
Total	149	0	1
Total percent	99.3%	0%	0.6%
Democrat	106	0	1
Republican	43	0	0

Amendment in the state legislature (2023-2024)

In the 2023 legislative session, the amendment passed the Senate by 61-0 on March 23, 2023. It passed the House by 146-0 on May 17, 2023.

Vote in the New York State Senate March 23, 2023
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 32  a
	Yes	No	Not voting
Total	61	0	2
Total percent	96.8%	0%	3.2%
Democrat	41	0	2
Republican	20	0	1

Vote in the New York State Assembly May 17, 2023
Requirement: Simple majority of all members in each chamber in two sessions
Number of yes votes required: 75  a
	Yes	No	Not voting
Total	146	0	4
Total percent	97.3%	0%	2.6%
Democrat	100	0	3
Republican	46	0	1

How to cast a vote

See also: Voting in New York

See below to learn more about current voter registration rules, identification requirements, and poll times in New York.

How to vote in New York

Poll times

Polls are open from 6:00 a.m. to 9:00 p.m. for primary and general elections. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in New York, one must be a United States citizen, a resident of the county, city, or village for at least 30 days prior to the election, and at least 18 years old by the date of the election. People who are in prison for a felony conviction and those who have been declared mentally incompetent by a court are ineligible to register to vote. One cannot register to vote in New York while claiming the right to vote elsewhere. Pre-registration is available beginning at the age of 16.

Registration applications are available at the county board of elections or any agency-based voter registration center. Forms are also available online, or prospective voters can request the form by mail. Completed forms returned by mail must be postmarked at least 25 days prior to the election.

The form must then be received by election officials at least 10 days before the election. A registration done in person must be completed at least 10 days prior to the election. Residents may also register to vote online through the DMV Electronic Voter Registration Application. These applications are forwarded to the board of elections; applicants should allow up to six weeks for processing.

Automatic registration

New York automatically registers eligible individuals to vote through a number of state agencies including the Department of Motor Vehicles, the Department of Health, the Department of Labor, and others.

Online registration

See also: Online voter registration

New York has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

New York does not allow same-day voter registration.

Residency requirements

In order to register to vote in New York, applicants must reside in the county, city, or village in which they are registering for at least 30 days prior to the election.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

New York does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, voter who submits false information "can be convicted and fined up to $5,000 and/or jailed for up to four years."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The New York State Board of Elections allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

New York does not require voters to present identification while voting. However, if a voter does not provide valid identification at the time of registration, he or she must show identification at the polling place when voting for the first time

Voters can present the following forms of identification:

• A current, valid photo ID, including but not limited to a drivers' license or a DMV-issued non-driver photo ID
• A current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and address

See also

2023 measures

• 2023 ballot measures
• Budgets on the ballot

New York

• New York ballot measures
• New York ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• New York Senate Bill S8931 (2022)
• New York Senate Bill S4597 (2023)