New York 2025-2026 Regular Session

New York Assembly Bill A04239

Introduced
1/31/25  
Refer
1/31/25  
Refer
3/3/25  
Refer
1/7/26  

Caption

Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution.

Summary

A04239 is a proposed constitutional amendment that would create a statewide initiative and referendum process in New York. It would reserve to the people the power to propose statutes and constitutional amendments, and to approve or reject laws passed by the Legislature, independent of legislative action. The measure sets out detailed procedures for petition circulation, signature thresholds, ballot placement, attorney general review, judicial challenges, and voting requirements for both statutory measures and constitutional amendments. The bill also amends several existing constitutional provisions to carve out exceptions for initiative and referendum measures from current legislative procedures. It would renumber the current article on constitutional amendments and add a new Article 20 establishing the initiative and referendum framework. The proposal includes local initiative and referendum authority for cities, towns, villages, and counties on matters within their powers, along with limits on the number of measures that may appear on a ballot in a single election.

Impact

If adopted, the resolution would significantly alter New York’s constitutional structure by giving voters direct lawmaking power and creating a new path for constitutional change outside the Legislature. It would affect multiple constitutional provisions governing enactment of laws, legislative procedure, constitutional amendments, and gubernatorial veto rules by exempting initiative and referendum measures from those processes. It would also impose new duties on the State Board of Elections, the Attorney General, the Legislative Bill Drafting Commission, and courts in reviewing petitions, preparing summaries, and resolving challenges.

Sentiment

The available record shows no committee transcript and no recorded votes, so there is no documented floor or committee sentiment in the materials provided. Based on the bill text and caption, the measure appears to be a structural reform proposal intended to expand direct democracy, which typically draws support from voters seeking greater public control over lawmaking. At the same time, the detailed procedural safeguards and limits suggest an effort to make the proposal administratively workable and legally durable.

Contention

The main points of contention are likely to be the transfer of lawmaking power away from the Legislature, the potential impact on the governor’s veto and legislative process, and the risk of ballot overload or policy instability from citizen-initiated measures. The bill’s signature requirements, limits on the number of measures per election, and restrictions on what may be initiated indicate concern about preventing abuse and ensuring statewide support. Another likely issue is how initiative and referendum would interact with appropriations, local government authority, and the ability of future legislatures to amend or repeal voter-approved measures.

Companion Bills

NY S03132

Same As Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution.

Previously Filed As

NY S02290

Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution.

NY A02933

Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution.

NY S03132

Provides for initiative and referendum in New York State for the People as electors to propose or reject laws and submit amendments to the state constitution.

NJ SCR60

Proposes constitutional amendment to provide for Statewide initiative and referendum.

NJ ACR50

Proposes constitutional amendment to provide for Statewide initiative and referendum for directing State fiscal restraint.

TX HJR198

Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum.

TX HJR23

Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum.

TX SJR14

Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum.

TX HJR87

Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum.

WI SJR146

Reserving to the people the power of referendum to reject acts of the legislature and the power of initiative to propose and approve at an election laws and constitutional amendments (first consideration).

Similar Bills

LA HB472

(Constitutional Amendment) Revises Article VII of the Constitution of La. (OR -$139,000,000 GF RV See Note)

NJ ACR123

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR75

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR43

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

LA HB244

(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)

LA HB678

(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)

LA HB473

(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.