Establishes procedures for abstract and form of ballot proposals

BILL NUMBER:S2100

Title of bill

An act to amend the election law and the legislative law, in relation to abstract and form of ballot proposals

Summary

This bill would amend § 4-108 and 4-116 of the Election Law and § 54-a of the Legislative Law to require that the State Legislature draft the form and abstract of a ballot proposal to be put to a statewide vote. The language, to be put to these voters, would be contained in a concurrent resolution or bill passed by the State Legislature. Ballot proposals to be submitted to a local vote would be prepared by local counsel. Currently, the State Board of Elections has sole authority over the form and abstract, with the Attorney General providing advice. This bill would also make certain technical amendments to section 4-108 of the Election Law.

Justification

It is in the interest of democracy and good government to ensure that the public fully understands the content of amendments, propositions and authorization creating a State debt prior to voting upon them. At present, the Election Law requires the form of any such ballot proposal be stated in "plain English". Voters who feel that these abstracts are not in "plain English" may challenge the wording by bringing a civil suit in Supreme Court. Such a challenge, however, must be instituted two and one-half months prior to the election. Since a majority of the voters do not see the actual form until Election Day, this enforcement tool does them little good. By providing the plain language form and abstract in the bill or concurrent resolution passed by the Legislature, the drafters of the proposal would have direct input into the explanation. The Attorney General would serve in an advisory capacity.

Fiscal implication

Minimal.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.