Mail Ballot Pamphlets to Voters

Section 1. Subdivisions 2 and 3 of section 4-116 of the election law are REPEALED.

§ 2. Paragraphs c and d of subdivision 1 of section 4-108 of the election law are REPEALED and subdivision 3, as added by chapter 234 of the laws of 1976, is amended to read as follows:

3. The attorney general shall advise in the preparation of such [abstract and such] form of submission.

§ 3. The opening paragraph of subdivision 1 of section 4-120 of the election law, as amended by chapter 359 of the laws of 1989, is amended to read as follows:

The board of elections shall publish once in each of the two weeks preceding a general election, or a special or village election conducted by the board of elections, a notice specifying the day of the election, and the public officers to be voted for within such county, or any part thereof at such election. [If constitutional amendments, or questions are to be submitted to the voters of the state, the notice shall state that fact and that a copy of each such amendment or question may be obtained at the board of elections, by any voter.] Such publication shall be in two newspapers published within the county. If the county

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01418-01-7

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contains a city or cities, at least one of such newspapers shall be published in the city, or the largest city, if there be more than one.

§ 4. Subdivision 1 of section 4-128 of the election law, as amended by chapter 125 of the laws of 2011, is amended to read as follows:

1. The board of elections of each county shall provide the requisite number of official and facsimile ballots, two cards of instruction to voters in the form prescribed by the state board of elections, five copies of each ballot pamphlet, at least one copy of the instruction booklet for inspectors, a sufficient number of maps, street finders or other descriptions of all of the polling places and election districts within the political subdivision in which the polling place is located to enable the election inspectors and poll clerks to determine the correct election district and polling place for each street address within the political subdivision in which the polling place is located, distance markers, tally sheets and return blanks, pens, black ink, or ball point pens with black ink, pencils having black lead, envelopes for the ballots of voters whose registration poll records are not in the ledger or whose names are not on the computer generated registration list, envelopes for returns, identification buttons, badges or emblems for the inspectors and clerks in the form prescribed by the state board of elections and such other articles of stationery as may be necessary for the proper conduct of elections, except that when a town, city or village holds an election not conducted by the board of elections, the clerk of such town, city or village, shall provide such official and facsimile ballots and the necessary blanks, supplies and stationery for such election.

§ 5. Subdivision 4 of section 5-204 of the election law is REPEALED and subdivisions 3, 5, 6, 7, 8, 9 and 10 are renumbered subdivisions 2, 3, 4, 5, 6, 7 and 8.

§ 6. Subdivision 2 of section 4-117 of the election law is REPEALED and subdivision 3 is renumbered subdivision 2.

§ 7. Article 7 of the election law is amended by adding a new title 3 to read as follows:

TITLE III

BALLOT PAMPHLET Section 7-300. Legislative findings.

7-302. State board of elections to prepare ballot pamphlet.

7-304. Contents of ballot pamphlet.

7-306. Preparation of ballot proposal materials.

7-308. State immunity.

7-310. Printing.

7-312. Distribution.

7-314. Authorization to local communities.

§ 7-300. Legislative findings. The legislature hereby finds and declares that the purpose of this title and of the ballot pamphlet is to fully and fairly inform the electorate about the issues appearing on the ballot. The state board of elections shall undertake its responsibilities in the manner best calculated to, and all the provisions herein shall be construed so as to accomplish that goal.

§ 7-302. State board of elections to prepare ballot pamphlet. It shall be the duty of the state board of elections, hereinafter referred to as the state board, to prepare and distribute a ballot pamphlet, in the manner set out in this title, for every general election conducted in the state in which a ballot proposal is on the ballot. Not later than January thirty-first of each year, the state board shall fix and announce the dates for all deadlines provided for by this title.

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§ 7-304. Contents of ballot pamphlet. Each ballot pamphlet shall contain the following material and no other material. 1. An introductory statement shall be prepared by the state board explaining:

(a) The date and hours during which the polls will be open for the general election;

(b) Voter qualification requirements in New York state;

(c) When, where, and how to register to vote;

(d) When, where and how absentee ballots are obtained and used;

(e) Instructions on how to vote, including the use of affidavit ballots; and

(f) Any other general information on voting deemed necessary or useful to the electorate or otherwise consistent with the goals of this article by the state board.

2. The following statement, printed in boldface type, shall follow the introductory statement and precede materials related to ballot proposals:

IMPORTANT: This pamphlet contains information only on proposals which will be on the ballot statewide. There may also be proposals of local interest on the ballot in your community. For information on these proposals, contact your local board of elections and see your local newspaper. The arguments for and against the proposals do not constitute endorsement by the State of New York, nor does the State certify the accuracy or truth of any statement made in those materials.

3. Materials shall be prepared for each ballot proposal to be submitted to a statewide vote at the general election. Such materials shall be prepared as prescribed in section 7-306 of this title, and shall include the following:

(a) A true copy of the form of the ballot proposal, as it will appear on the ballot, set out in boldface or italic type at the top of the page;

(b) A concise, impartial, and understandable explanation, not to exceed five hundred words, stating the nature and effect of the ballot proposal;

(c) A statement not to exceed three hundred words, of the major arguments for its passage, clearly labelled as such;

(d) A statement not to exceed three hundred words, of the major arguments against its passage, clearly labelled as such;

(e) The full text of the ballot proposal, which shall be printed so as to indicate by the use of italic type the matter if any that would be added to the state constitution of law, and by the use of brackets the matter if any that would be deleted therefrom;

(f) An explanation of such use of italic type and brackets, as described in paragraph (e) of this subdivision; and

(g) The members of the committee that prepared the materials.

§ 7-306. Preparation of ballot proposal materials. 1. All materials required by paragraphs (a), (e), (f) and (g) of subdivision three of section 7-304 of this title shall be prepared by the state board of elections, and all materials required by paragraphs (b), (c) and (d) of subdivision three of section 7-304 of this title with respect to each ballot proposal, shall be prepared by a separate committee consisting of seven members. The majority leader of the senate shall appoint two members to serve on such committee. The speaker of the assembly shall appoint two members to such committee. The minority leader of the senate and the minority leader of the assembly shall jointly appoint two additional persons to such committee. In making their appointments, the majority and the minority leaders of the senate and the speaker of the

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assembly and the minority leader of the assembly shall endeavor to create a committee with a broad range of opinions on the measure. The seventh member shall be the attorney general and shall serve as the chairperson of the committee. Vacancies shall be filled in the same manner as the original appointment. Members who are not state officials shall be entitled to actual and necessary expenses incurred in the performance of their duties.

2. The state board of elections shall make staff available to assist the committee in carrying out its responsibilities.

3. The committee must meet within ten days after each proposition has passed both houses of the legislature to determine who shall be the principal proponents and opponents of each measure. Such principal proponent or opponent may be a member of the committee or any registered voter in the state.

4. The committee shall announce with such notice as the state board shall specify, its preliminary draft of the explanatory statement and the arguments opposing and proposing the ballot proposals as provided for in paragraphs (b), (c) and (d) of subdivision three of section 7-304 of this title, not later than the date fixed by the state board pursuant to the provisions of section 7-302 of this title. Any person may file with the committee a written statement of suggested changes and all such statements submitted not later than the date fixed by the state board shall be considered by such committee.

5. In compliance with paragraphs (c) and (d) of subdivision three of section 7-304 of this title, the committee may select no more than two arguments advanced by proponents and opponents of every measure to be submitted to the voters. If no argument is deemed appropriate for selection, the committee may reserve the responsibility for composition of either or both. In making its selections, the committee shall give priority to arguments advanced by organizations over consideration of arguments advanced by individuals. The state board shall include in the ballot pamphlet on the same page as the printed argument relating to the measure, the name of the organization, if any, advancing the argument and whether the argument supports or opposes the measure. If the committee itself has written the argument, a disclaimer in substantially the same form shall be printed immediately below the argument:

The printing of this argument does not constitute an endorsement by the state of New York, nor does the state warrant the accuracy or truth of any statement made in the argument.

6. The committee may reject a statement or portions thereof, if it:

(a) contains any language that the committee, at its discretion, has construed not to accomplish the goals of this title;

(b) contains any language which may not be legally circulated through the mails; or

(c) is submitted after the date specified by the board.

7. Thereafter, the committee shall make any changes in the materials as it considers proper and shall file the final set of materials with the state board not later than the date set by such board pursuant to the provisions of section 7-302 of this title.

8. The preliminary materials and the final set of materials shall be concurred on and certified by the committee or at least by four of its members. If a member does not concur, a statement shall show only that he dissents and where applicable, that he was appointed as a proponent or opponent of the measure.

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9. The state board shall certify and make public the final contents of the ballot pamphlet no later than sixty days before the election at which the measure is to appear on the ballot.

§ 7-308. State immunity. No cause of action shall arise against the state of New York or any agency or employee thereof with respect to such ballot pamphlet except as caused by the negligence or willful acts of the state or of its agents or employees, nor may a cause of action arise against the state of New York or any agency or employee thereof by virtue of statements prepared by any committee constituted under section 7-306 of this title.

§ 7-310. Printing. 1. The state board shall cause the ballot pamphlet to be printed in as legible a manner as possible consistent with the purpose of this title. In the event that the state board determines that the printing of the ballot pamphlet would be more efficient and economical if done by the local boards of elections, the state board is hereby authorized to instruct all boards of elections to print the ballot pamphlet. Should the state board so instruct the boards of elections, it shall promptly reimburse each board for the actual cost of production incurred by said board.

2. The state board or the local boards of elections as provided for in subdivision one of this section, shall also prepare and cause to be printed, and distribute to such voters as it deems appropriate, a translation of the ballot pamphlet into Spanish and any other languages required to comply with the Voting Rights Act of 1965, as amended.

§ 7-312. Distribution. 1. There shall be no charge for single copies of the ballot pamphlet.