A Column from the Desk of Assemblyman Karl Brabenec (R,C-Deerpark)
A proposal slated to serve as New York Democrats’ championing issue for the year has been struck down recently in court, following a challenge that the procedure for putting the proposal on election ballots was not properly followed. It’s become increasingly more frequent for the Majority party in this state attempts to skirt rules and bend regulations in their favor, which is something all of us should be concerned about. The question regarding the constitutional procedure for placing this proposal as a question to voters on election ballots this November was what spurred the underlying lawsuit. The proposed amendment was introduced and passed on July 1, 2022, before an opinion had been issued by the attorney general. The state constitution currently says, and the court contends, that before legislators vote on an amendment the attorney general must render an opinion on whether it conflicts with other parts of the constitution within 20 days. What this means to us is those in favor of the proposal violated the constitution as they tried to amend it. This might seem like a small issue, and it is certainly one that, in any other area, would never have garnered any meaningful attention. But we in this state are no strangers to big parties in power bullying their way to further power. The question that has to be asked here isn’t whether the proposal itself is right or wrong, but whether those who push for it are justified in doing so. And if the answer is indeed ‘yes,’ as proponents of the amendment continue to claim it is, I am greatly concerned about how that leaves us vulnerable moving forward. Our procedures, our rules and our government actions are not there to annoy representatives or to unduly hinder the legislative process. They were built and designed by very forward-looking individuals who understood what it meant to live under a system of government where the people have no say and no means to challenge the status quo. While a party with a supermajority that wants to push their legislation through may call the red tape antiquated or archaic, I continue to believe these systems are in place to protect the people from very real legislative and governmental danger. With no checks and balances in government, the people can quickly be taken advantage of. I never want that for New Yorkers, and it’s why I applaud this recent move and happily encourage the attorney general and my legislative colleagues to try again – this time, the right way. Assemblyman Brabenec represents the 98th District, which includes the city of Port Jervis, the towns of Deerpark, Greenville, Mount Hope, Wawayanda, Minisink, Warwick, Tuxedo and portions of the towns of Goshen, Monroe and Ramapo. For more information, please visit his Official Website at www.yourfavoriteassemblyman.com.
