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There are two methods of amending the New York State Constitution. The first is via a constitutional convention followed by voter approval or rejection of any amendments approved by the convention’s delegates. The second is via proposal and approval of an amendment in two consecutive sessions of the Legislature. This explainer is about the second method.

Under Article XIX, section 1, of the state Constitution, any amendment must first be proposed in the state Senate and Assembly. Following its proposal, the amendment must be referred to the New York State Attorney General. Within twenty days of that referral, the Attorney General is required to issue an opinion to the Legislature “as to the effect of such amendment or amendments upon other provisions of the constitution.”3 Upon receiving the opinion of the Attorney General, or if no opinion is received within twenty days, both houses of the Legislature may consider the proposal.

If adopted by a majority of the members of both houses, which is commonly known as the “first passage,” the proposed amendment must be presented a second time to the Legislature during “the next regular legislative session convening after the succeeding general election of members of the assembly….”4 Because Assembly members are elected every two years, the proposal may be presented either in the next regular legislative session immediately following the year of first passage or in the next regular legislative session convened in the second year following first passage, depending on when the next election takes place after the first passage.

Should the proposed amendment again be adopted by a majority vote in a newly elected Legislature, it must be submitted to the voters “in such manner and at such time as the legislature shall prescribe.”5

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Hochul embraces gerrymandering in New York

By Bill Mahoney
08/04/2025 01:05 PM EDT

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Hochul has embraced changing New York’s process since the fight over the Lone Star State maps escalated last month. Other Democrats have gone along as well: New York lawmakers introduced a state constitutional amendment last week that would let Democrats make mid-decade adjustments to their maps before the 2028 election cycle.

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