What's happening
This bill requires the State Board of Elections to publish the full text and summaries of proposed constitutional amendments and questions on its website, with the Attorney General preparing these summaries.
Why it matters
Increases voter transparency and access to information. by requiring the State Board of Elections to publish the full text and official summaries of constitutional amendments and other ballot questions online, making it easier for the public to review what will be on the ballot before Election Day.
Transfers the responsibility for preparing concise, plain-language summaries (abstracts) of amendments and questions from the State Board of Elections to the Attorney General,. which may improve impartiality and clarity by having an external legal authority draft these explanations.
Mandates that the online publication of ballot text and summaries remain available until after the general election,. ensuring voters have consistent and ongoing access to official information as they make voting decisions.
Requires that both the title and summary of each ballot measure be clear, unbiased, and use everyday language,. which could help reduce voter confusion and potential manipulation through misleading or technical phrasing.
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Who cares
Headline styles
Post Amendments Online
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clarify Ballot Wording Rules
In Assembly Committee · Election Law · Sponsor Dan Quart
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2325
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to the text of proposed constitutional amendments and questions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4-108 of the election law, paragraph b of subdivision 1 as amended by chapter 117 of the laws of 1985, paragraph d of subdivision 1 and subdivision 2 as amended by chapter 136 of the laws of 1978, and subdivision 3 as added by chapter 234 of the laws of 1976, is amended to read as follows:
§ 4-108. Certification of proposed constitutional amendments and questions. 1. a. Whenever any proposed amendment to the constitution or other question provided by law to be submitted to a statewide vote shall be submitted to the people for their approval, the state board of elections at least three months prior to the general election at which such amendment, proposition or question is to be submitted, shall (i) transmit to each county board of elections a certified copy of the text of each amendment, proposition or question and a statement of the form in which it is to be submitted; and (ii) publish a copy of the text of each amendment, proposition or question and a statement of the form in which it is to be submitted on the state board of elections website until the day after the general election of that particular year.
b. Whenever any proposal, proposition or referendum as provided by law is to be submitted to a vote of the people of a county, city, town, village or special district, at an election conducted by the board of elections, the clerk of such political subdivision, at least thirty-six days prior to the election at which such proposal, proposition or referendum is to be submitted, shall transmit to each board of elections a certified copy of the text of such proposal, proposition or referendum and a statement of the form in which it is to be submitted. If a special
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01336-01-9
S. 2325 2
election is to be held, such transmittal shall also give the date of such election.
c. Such certified copy shall set out all new matter in italics and enclose in brackets, [ ], all matter to be eliminated from existing law, and at the bottom of each page shall be appended the words:
Explanation: Matter in italics is new, to be added; matter in brackets [ ] is old law, to be omitted.
d. In addition to the text, as required under paragraph a of this subdivision, such transmittal shall contain an abstract of such proposed amendment, proposition or question, [prepared by the state board of elections] concisely stating the purpose and effect thereof in a clear and coherent manner using words with common and everyday meanings.
2. The form in which the proposed amendment, proposition or question is to be submitted shall consist of only an abbreviated title indicating generally and briefly, and in a clear, unbiased and coherent manner using words with common and every-day meanings, the subject matter of the amendment, proposition or question. If more than one such amendment, proposition or question is to be voted upon at such election, each such amendment, proposition or question respectively shall be separately and consecutively numbered.
3. The attorney general shall [advise in the preparation of] prepare and deliver such abstract and such form of submission, as required under paragraphs a and d of subdivision one of this section, to the state board of elections at least four months prior to the general election at which such amendment, proposition or question is to be submitted.
§ 2. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to the text of proposed constitutional amendments and questions
Purpose
Section 1 amends section 4-108 of the election law to require the state board of elections to publish the text of any proposed constitutional amendment, proposition or question, to require that the language of the proposed amendment, proposition or question be unbiased and to require that the language be prepared by the attorney general.
Section 3 sets the effective date.
Summary of provisions
Section 1 amends Section 506 of the Civil Practice Law and Rules to allow certain proceedings against certain regulatory state agencies to be commenced in the judicial district where the petitioner resides instead of only in Albany.
Section 2 provides the effective date.
Justification
Current law is unclear on where the responsibility for proposal language lies. The state Board of Elections is charged with transmitting the text of any proposal, proposition or referendum to the local Boards of Elections, however the Attorney General is to advise in the preparation of the submission. This bill will clarify that the Attorney General, as the state's chief law enforcement officer, is to have responsibility for the text of any statewide ballot question.
Legislative history
2018: S7098/A4175 - REFERRED TO ELECTIONS/ referred to election law 2017: S1849/A4175 - REFERRED TO ELECTIONS/ referred to election law 2016: 5578B/54607A - REFERRED TO ELECTIONS/ referred to election law 2015: S578B/S4607A - AMENDED AND RECOMMITTED TO ELECTIONS/ amended and recommitted to election law
Fiscal impact on the state
None.
Effective date
One year after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.