Voters To Decide Constitutional Questions

By John Voket

On November 4, as Newtown voters consider who will become their next President, US Congressman, state senator, legislative representative, and local registrar of voters, they will also be asked to consider two ballot questions.

 Pursuant to Article 13 of the Constitution of the State of Connecticut, voters will get to endorse or reject a proposed Constitutional Convention, 22 years from the last time the question was submitted to electors — and failed.

According to the Secretary of the State’s Office, if a majority of the electors voting on the question signify Yes, the General Assembly shall provide for a Constitutional Convention to amend or revise the Constitution of the State, as provided in Section 3 of Article 13 of the Constitution of the State of Connecticut.

Pursuant to Article 12 of the Constitution of the State of Connecticut, the following proposed amendment to the constitution (being the second question) was approved by more than three-fourths of the total membership of each house, final legislative action thereon having been taken on the date indicated, and is to be voted upon by the electors of each town this year on November 4.

If a majority of the electors voting on the proposed amendment approve the same, the amendment shall become part of the Constitution of the State.

The first question voters will see on the ballot reads: Shall there be a Constitutional Convention to amend or revise the Constitution of the State?

The Secretary of the State’s Office says this question asks voters to choose whether they are in favor of holding a convention to amend or revise the Constitution. If voters choose to have a convention, the General Assembly must enact a law prescribing the way convention delegates will be selected and the dates the convention will begin and end.

It would have to begin by November 4, 2009. If the convention proposed any changes, voters would vote on them within two months. The Connecticut Constitution requires that voters be asked this question every 20 years.

Matthew Daily, chairman of the Constitutional Convention Campaign (ctconcon.com), writes on the group’s website that his group’s mission is to “inform and educate as many people as we can that it is extremely important for them to vote yes to this question.”

“If the yes votes win then it will be incumbent upon the state legislature to convene a state Constitution Convention,” Mr Daily writes. “It will be in this arena where we can implement initiative referenda as a mechanism and amend our state Constitution for a 31st time. Direct initiative is Jacksonian democracy at it’s best. Let’s provide the people with an option to petition issues if they so choose, lets let the people decide!”

Opponents to the initiative (ctvoteno.org) say, “Holding a convention in Hartford isn’t change, it’s politics as usual. State legislators decide who goes to the convention, not the taxpayers.”

The group predicts a Yes vote will only provide “a convention of lobbyists, politicians and special interests.”

“The public has no say on what the lobbyists propose to do to the constitution,” the group’s website states. “The political group pushing for the convention will use it to ban marriage for gay people, outlaw abortion and take away people’s rights. Big businesses will use it to give themselves special tax breaks, overturn environmental laws and take away workers’ rights and benefits.”

According to the site, Jara Burnett, president of League of Women Voters of Connecticut, agrees. In a September 28 letter to The Hartford Courant she writes, “Will those special interest groups — pressing voters to approve a constitutional convention — present balanced views of their hot-button issues? Will they tell Connecticut voters what the long-term financial consequences of initiative and referendum could be? We doubt it.”

The second ballot question has drawn much less controversy. That question reads: Shall the constitution of the state be amended to permit any person who will have attained the age of eighteen years on or before the day of a regular election to vote in the primary for such regular election?

The Secretary of the State’s office explains that his amendment would allow 17-year-old citizens who will turn 18 on or before the day of a regular election to vote in its primary. They are currently prohibited from doing so.

Under the amendment, such an individual must apply and otherwise qualify for admission as an elector. He or she may then vote in the primary held to determine nominees for the regular election. Upon turning 18, the individual’s electoral rights attach.

By law, “regular election” means any municipal or state election. State elections include candidates for federal office.