New York Proposal 1, Remove Debt Limit on Small City School Districts Amendment (2023)

New York Proposal 1
Election date November 7, 2023
Topic State and local government budgets, spending and finance and Education
Status a Approved
Type Constitutional amendment	Origin State legislature

New York Proposal 1, the Remove Debt Limit on Small City School Districts 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 this amendment to eliminate the constitutional debt limit for small city school districts, which amounted to 5% of the average full value of the last five years' property tax rolls within the district.

A "no" vote opposed this amendment, thereby keeping the constitutional debt limit for small city school districts, which can be surpassed if 60% of the voters approve a measure to do so.

Election results

New York Proposal 1
Result		Votes	Percentage
Yes		1,504,083	64.34%
No		833,758	35.66%

Results are officially certified.

Source

Overview

How did this amendment change debt limits for small city school districts?

See also: Text of measure

This measure eliminated the constitutional debt limit for small city school districts (defined in the New York Constitution as any school district partly or fully within a city with less than 125,000 inhabitants). This debt limit previously amounted to 5% of the average full value of the last five years' property tax rolls within the district. The measure also removed language from the Constitution excluding debt contracted for educational purposes for small cities.

What were the debt limitations for New York school districts prior to Proposal 1 passing?

See also: Debt limits for New York school districts

Prior to Proposal 1 passing, there were different constitutional debt limits for small city school districts and other independent school districts. While the New York Constitution applied a debt limit of 5% in property valuations for small city school districts, the Constitution did not define debt limits for other independent school districts. However, Section 104.00(d) of the Local Finance Law established a debt limit of 10% of property valuations for other independent school districts. Debt could exceed this limit if approved by 60% of voters during an election. Smaller city school districts also could not deduct costs reimbursed through state building within their debt limits, while other independent school districts could deduct costs reimbursed through state building aid from debt subject to the 10% limit.

How did this amendment get on the ballot?

See also: Path to the ballot

In order to amend the New York Constitution, an amendment must pass each chamber in the New York State Legislature with a simple majority vote for two consecutive legislative sessions. Then, voters would need to approve the measure by a simple majority vote.

The amendment was introduced to the state legislature as Senate Bill 8803 (SB8803) on April 19, 2022. It passed the New York State Senate by 56-5 on May 25, 2022. It then passed the New York State Assembly by 148-1 on June 3, 2022.

The bill was introduced to the following legislative session in 2023. It passed the Assembly by 145-0 on March 13, 2023, then passed the Senate by 60-2 on March 29, 2023. Because the amendment passed both chambers of the state legislature in two consecutive sessions, it was referred to the ballot for voters.

Text of measure

Ballot title

The official ballot title was as follows:

“

Proposal Number One, An Amendment Removal of Small City School Districts From Special Constitutional Debt Limitation The proposed amendment to Article 8, section 4 of the Constitution removes the special constitutional debt limitation now placed on small city school districts, so they will be treated the same as all other school districts. Shall the proposed amendment be approved?

”

Constitutional changes

See also: Article VIII, New York Constitution

The ballot measure amended Article 8, Section 4 of the New York Constitution.

Note: Hover over the text and scroll to see the full text.

Text of Section 4: Limitations on Local Indebtedness

Except as otherwise provided in this constitution, no county, city, town, or village or school district described in this section shall be allowed to contract indebtedness for any purpose or in any manner which, including existing indebtedness, shall exceed an amount equal to the following percentages of the average full valuation of taxable real estate of such county, city, town, or village or school district:

(a) the county of Nassau, for county purposes, ten per centum;

(b) any county, other than the county of Nassau, for county purposes, seven per centum;

(c) the city of New York, for city purposes, ten per centum;

(d) any city, other than the city of New York, having one hundred twenty-five thousand or more inhabitants according to the latest federal census, for city purposes, nine per centum;

(e) any city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, for city purposes, excluding education purposes, seven per centum;

(f) any town, for town purposes, seven per centum; and

(g) any village for village purposes, seven per centum; and

(h) any school district which is coterminous with, or partly within, or wholly within, a city having less than one hundred twenty-five thousand inhabitants according to the latest federal census, for education purposes, five per centum; provided, however, that such limitation may be increased in relation to indebtedness for specified objects or purposes with (1) the approving vote of sixty per centum or more of the duly qualified voters of such school district voting on a proposition therefore submitted at a general or special election, (2) the consent of The Regents of the University of the State of New York and (3) the consent of the state comptroller. The legislature shall prescribe by law the qualifications for voting at any such election.

Except as otherwise provided in this constitution, any indebtedness contracted in excess of the respective limitations prescribed in this section shall be void.

In ascertaining the power of any city having less than one hundred twenty-five thousand inhabitants according to the latest federal census to contract indebtedness, indebtedness heretofore contracted by such city for education purposes shall be excluded. Such indebtedness so excluded shall be included in ascertaining the power of a school district which is coterminous with, or partly within, or wholly within, such city to contract indebtedness. The legislature shall prescribe by law the manner by which the amount of such indebtedness shall be determined and allocated among such school districts. Such law may provide that such determinations and allocations shall be conclusive if made or approved by the state comptroller.

In ascertaining the power of a school district described in this section to contract indebtedness, certificates or other evidences of indebtedness described in paragraph A of section five of this article shall be excluded.

The average full valuation of taxable real estate of any such county, city, town, or village or school district shall be determined in the manner prescribed in section ten of this article.

Nothing contained in this section shall be deemed to restrict the powers granted to the legislature by other provisions of this constitution to further restrict the powers of any county, city, town, or village or school district to contract indebtedness.

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 11, and the FRE is 42. The word count for the ballot title is 56.

Support

Supporters

Unions

• New York State United Teachers

Organizations

• Conference of Big 5 School Districts
• New York Association of School Business Officials
• New York State Council of School Superintendents
• New York State PTA
• New York State School Boards Association
• The School Administrators Association of New York State

Arguments

• New York State Educational Conference Board: "The tighter restrictions on indebtedness by small city school districts are a relic of a time when there were many more disparities in state prescribed financial practices across types of school districts ... Differences in debt limits and Building Aid offsets place small city school districts at a severe disadvantage in maintaining and improving school facilities and in addressing health and safety needs. The impact falls heavily upon students from economically disadvantaged backgrounds."

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

Ballotpedia did not identify any ballot measure committees registered to support or oppose the ballot measure.

	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:

• Newsday Editorial Board: "In small-city districts, the debt cannot exceed 5% of the value of taxable real estate. Other school districts, however, have a different deal. Their limits can be modified by simple legislation. More importantly, these other districts can issue debt as high as 10% of property value. Having one debt limit for some districts and another for the rest defies common sense; Proposal One would correct that."
• Buffalo News Editorial Board: "Since the 1950s, though, small-city districts have been limited to 5% of the value of the district’s property tax base. In other districts, the limit is 10%. That creates an unnecessary and unhelpful financial disadvantage for the smaller districts. It’s a quirk in the constitution that state voters need to rectify."

Opposition

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

Background

Debt limits for New York school districts

Prior to the measure passing, small city school districts, defined as school districts within the limits of a city or municipality with less than 125,000 inhabitants, were the only independent school districts with a debt limit of 5% of property valuations. This debt could have been exceeded if authorized by 60% of voters during an election. Other independent school districts could have contracted debt of up to 10% of property valuations, prescribed by section 104.00(d) of the Local Finance Law. This debt could have been exceeded if authorized by 60% of voters during an election.

While school districts within cities or municipalities with more than 125,000 inhabitants could have deducted costs reimbursed through state building aid from debt subject to the 10% limitation, small city school districts were not able to deduct these costs.

New York bond issue law

As of 2023, New York State required an election for all school districts when wanting to issue new bonds or bond taxes in which the voters of the district vote in an annual or special district meeting. Bonds could be used for:

• Additions, alterations, repairs or improvements, to property belonging to the school district.
• For altering and equipping libraries.
• To use any former school building belonging to the district, to purchase of other another sites or building, or for a change of sites, or to change sites for agricultural, athletic, playground, or social center purposes.
• To erect new buildings.
• To build a bus garage.
• To buy apparatus, implements, or fixtures.
• To pay the wages of teachers, and the necessary expenses of the school,
• To pay any court ordered judgment in a federal or state court.
• Refunding outstanding bonded indebtedness. The bond election requirement only applies to school districts with a population less than 125,000.

Previous New York ballot measures regarding debt limitations

Amendment 6 (1951)

Debt limitations on school districts were established in 1951 when New York voters approved of Amendment 6, which restricted the “powers of counties, cities, towns, villages and certain school districts to contract indebtedness and to impose taxes upon real estate.” Voters approved this measure by 74%-26% on November 6, 1951.

Proposal 5 (1985)

In 1985, voters approved Proposal 5, which amended Article VII, Section 8 of the New York Constitution to remove the real property tax limitations on certain other school districts. Voters approved this measure by 50.31%-49.69% on November 5, 1985.

Constitutional amendments on New York ballots

In New York, the state legislature can propose amendments to the state constitution. Between 1995 and 2022, the state legislature referred 30 constitutional amendments to the ballot. Voters approved 21 (70%) of the proposed amendments. The last election to feature constitutional amendments in New York was November 2, 2021. The following chart illustrates trends in constitutional amendments on the ballot in New York:

Constitutional amendments on the ballot in New York, 1995-2022
Total number	Approved	Percent approved	Defeated	Percent defeated	Odd-year average	Odd-year median	Odd-year minimum	Odd-year maximum
30	21	70.0%	9	30.0%	1.93	1.5	0	6

Path to the ballot

Amending the New York Constitution

See also: Amending the New York Constitution

The New York State Legislature can refer statewide ballot measures, in the form of constitutional amendments and bond issues, to the ballot in odd-numbered years and even-numbered years.

New York requires a simple majority vote (50%+1) in each legislative chamber during two successive legislative sessions with a state legislative election in between for constitutional amendments. That amounts to a minimum of 76 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.

Section 11 of Article VII of the New York Constitution requires that certain bond issues go before voters for approval or rejection. New York requires a simple majority vote in each legislative chamber and the governor's signature for bond issues to be referred to the ballot.

Amendment in the state Legislature (2022)

The amendment was introduced as Senate Bill 8803 (SB8803) on April 19, 2022. It passed the Senate on May 25, 2022, with a 56-5 vote (and two absences). On June 3, 2022, SB8803 passed the Assembly with a 148-1 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	56	5	2
Total percent	88.88%	7.9%	3.1%
Democrat	41	0	2
Republican	15	5	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	148	1	1
Total percent	98.6%	0.6%	0.6%
Democrat	106	0	1
Republican	42	1	0

Amendment in the state Legislature (2023)

The amendment passed the Assembly by 145-0 on March 13, 2023. It passed the Senate by 60-2 on March 29, 2023.

Vote in the New York State Assembly March 13, 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	145	0	5
Total percent	96.6%	0%	3.3%
Democrat	99	0	4
Republican	46	1	0

Vote in the New York State Senate March 29, 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	60	2	1
Total percent	95.2%	3.1%	1.5%
Democrat	41	0	1
Republican	19	2	0

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 8803 (2022)