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Assembly passes bill to stop mayors from "bumping" charter referendums
Summary
The Assembly passed legislation removing a mayoral "bumping" power that allowed mayors to displace city charter referendum proposals by placing alternative measures on the same ballot; sponsors and opponents debated voter clarity and mayoral authority.
The Assembly passed legislation (Assembly No. 3665-A, rules report 4-25) aimed at removing the so-called "bumping" power that has allowed mayors to displace charter-change proposals from being considered by voters.
Sponsor Mister Simone said the bill "ensures no mayor would have the power to block the ability of New Yorkers and their representatives from having an issue considered by voters." Simone told colleagues the measure would allow competing ballot proposals to appear simultaneously and "the 1 with the most votes... would pass."
Supporters argued the change restores choice for voters and prevents a single executive from blocking measures put forward by charter revision commissions or voter petition. "This empowers voters," Simone said, adding that prior mayors had used the authority to displace council-backed proposals.
Opponents said the change risks confusing electors and could increase litigation. Mister Yaeger and Mister Lascher both said the mayor's bumping authority functions as a check on what they described as potentially irresponsible or destabilizing council initiatives. Mister Lascher warned the measure could encourage a California-style cycle of competing referenda.
Several members sought detail on implementation and voter education. Mister Riley and others asked how multiple, potentially conflicting proposals would appear on ballots and whether the change would carry fiscal or administrative impacts for boards of election. Simone and other supporters said existing ballot deadlines and state procedures would govern ballot layout and that they expected no fiscal impact, while acknowledging a need for improved voter education.
A party-line and floor debate produced recorded votes. The Assembly voted Ayes 91, Noes 55; the clerk announced "The bill is passed." Sponsors indicated the bill would take effect immediately if enacted.
The bill's passage shifts a longstanding balance between city-level executives and other local actors. Sponsors said the bill applies statewide and is intended to prevent a mayor from using the bumping rule to nullify voter-driven or council-led charter actions. Opponents cautioned about voter confusion, litigation risk and the removal of an executive check on local referenda.
Action on implementation details — including ballot presentation and voter outreach — was left to follow-up work by legislative staff and elections officials.
