Bill Text: NY A01326 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for the state board of elections to prepare and distribute to each voter a ballot pamphlet for every general election; provides for contents thereof and makes numerous related provisions including the distribution of information relating to each ballot proposal that is submitted to a statewide vote at such general election; permits any person eligible to vote on any ballot proposal to institute a proceeding as to the factual accuracy of statements or constitutional amendments.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2016-01-06 - referred to election law [A01326 Detail]
Download: New_York-2015-A01326-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1326
2015-2016 Regular Sessions
I N A S S E M B L Y
January 9, 2015
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BRENNAN,
BROOK-KRASNY, COLTON, DINOWITZ, GALEF, LOPEZ -- read once and referred
to the Committee on Election Law
AN ACT to amend the election law, in relation to the preparation,
contents and distribution of a paper pamphlet containing information
relative to general elections, to repeal certain provisions of the
election law, relating to distribution of copies of proposed amend-
ments to the constitution or other propositions or questions; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 2 and 3 of section 4-116 of the election law
2 are REPEALED.
3 S 2. Paragraphs c and d of subdivision 1 of section 4-108 of the
4 election law are REPEALED and subdivision 3, as added by chapter 234 of
5 the laws of 1976, is amended to read as follows:
6 3. The attorney general shall advise in the preparation of such
7 [abstract and such] form of submission.
8 S 3. The opening paragraph of subdivision 1 of section 4-120 of the
9 election law, as amended by chapter 359 of the laws of 1989, is amended
10 to read as follows:
11 The board of elections shall publish once in each of the two weeks
12 preceding a general election, or a special or village election conducted
13 by the board of elections, a notice specifying the day of the election,
14 and the public officers to be voted for within such county, or any part
15 thereof at such election. [If constitutional amendments, or questions
16 are to be submitted to the voters of the state, the notice shall state
17 that fact and that a copy of each such amendment or question may be
18 obtained at the board of elections, by any voter.] Such publication
19 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.
LBD06239-01-5
A. 1326 2
1 contains a city or cities, at least one of such newspapers shall be
2 published in the city, or the largest city, if there be more than one.
3 S 4. Subdivision 1 of section 4-128 of the election law, as amended by
4 chapter 125 of the laws of 2011, is amended to read as follows:
5 1. The board of elections of each county shall provide the requisite
6 number of official and facsimile ballots, two cards of instruction to
7 voters in the form prescribed by the state board of elections, FIVE
8 COPIES OF EACH BALLOT PAMPHLET, at least one copy of the instruction
9 booklet for inspectors, a sufficient number of maps, street finders or
10 other descriptions of all of the polling places and election districts
11 within the political subdivision in which the polling place is located
12 to enable the election inspectors and poll clerks to determine the
13 correct election district and polling place for each street address
14 within the political subdivision in which the polling place is located,
15 distance markers, tally sheets and return blanks, pens, black ink, or
16 ball point pens with black ink, pencils having black lead, envelopes for
17 the ballots of voters whose registration poll records are not in the
18 ledger or whose names are not on the computer generated registration
19 list, envelopes for returns, identification buttons, badges or emblems
20 for the inspectors and clerks in the form prescribed by the state board
21 of elections and such other articles of stationery as may be necessary
22 for the proper conduct of elections, except that when a town, city or
23 village holds an election not conducted by the board of elections, the
24 clerk of such town, city or village, shall provide such official and
25 facsimile ballots and the necessary blanks, supplies and stationery for
26 such election.
27 S 5. Subdivision 4 of section 5-204 of the election law is REPEALED
28 and subdivisions 3, 5, 6, 7, 8, 9 and 10 are renumbered subdivisions 2,
29 3, 4, 5, 6, 7 and 8.
30 S 6. Subdivision 2 of section 4-117 of the election law is REPEALED
31 and subdivision 3 is renumbered subdivision 2.
32 S 7. Article 7 of the election law is amended by adding a new title 3
33 to read as follows:
34 TITLE III
35 BALLOT PAMPHLET
36 SECTION 7-300. LEGISLATIVE FINDINGS.
37 7-302. STATE BOARD OF ELECTIONS TO PREPARE BALLOT PAMPHLET.
38 7-304. CONTENTS OF BALLOT PAMPHLET.
39 7-306. PREPARATION OF BALLOT PROPOSAL MATERIALS.
40 7-308. STATE IMMUNITY.
41 7-310. PRINTING.
42 7-312. DISTRIBUTION.
43 7-314. AUTHORIZATION TO LOCAL COMMUNITIES.
44 S 7-300. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND
45 DECLARES THAT THE PURPOSE OF THIS TITLE AND OF THE BALLOT PAMPHLET IS TO
46 FULLY AND FAIRLY INFORM THE ELECTORATE ABOUT THE ISSUES APPEARING ON THE
47 BALLOT. THE STATE BOARD OF ELECTIONS SHALL UNDERTAKE ITS RESPONSIBIL-
48 ITIES IN THE MANNER BEST CALCULATED TO, AND ALL THE PROVISIONS HEREIN
49 SHALL BE CONSTRUED SO AS TO ACCOMPLISH THAT GOAL.
50 S 7-302. STATE BOARD OF ELECTIONS TO PREPARE BALLOT PAMPHLET. IT SHALL
51 BE THE DUTY OF THE STATE BOARD OF ELECTIONS, HEREINAFTER REFERRED TO AS
52 THE STATE BOARD, TO PREPARE AND DISTRIBUTE A BALLOT PAMPHLET, IN THE
53 MANNER SET OUT IN THIS TITLE, FOR EVERY GENERAL ELECTION CONDUCTED IN
54 THE STATE IN WHICH A BALLOT PROPOSAL IS ON THE BALLOT. NOT LATER THAN
55 JANUARY THIRTY-FIRST OF EACH YEAR, THE STATE BOARD SHALL FIX AND
56 ANNOUNCE THE DATES FOR ALL DEADLINES PROVIDED FOR BY THIS TITLE.
A. 1326 3
1 S 7-304. CONTENTS OF BALLOT PAMPHLET. EACH BALLOT PAMPHLET SHALL
2 CONTAIN THE FOLLOWING MATERIAL AND NO OTHER MATERIAL. 1. AN INTRODUCTORY
3 STATEMENT SHALL BE PREPARED BY THE STATE BOARD EXPLAINING:
4 (A) THE DATE AND HOURS DURING WHICH THE POLLS WILL BE OPEN FOR THE
5 GENERAL ELECTION;
6 (B) VOTER QUALIFICATION REQUIREMENTS IN NEW YORK STATE;
7 (C) WHEN, WHERE, AND HOW TO REGISTER TO VOTE;
8 (D) WHEN, WHERE AND HOW ABSENTEE BALLOTS ARE OBTAINED AND USED;
9 (E) INSTRUCTIONS ON HOW TO VOTE, INCLUDING THE USE OF AFFIDAVIT
10 BALLOTS; AND
11 (F) ANY OTHER GENERAL INFORMATION ON VOTING DEEMED NECESSARY OR USEFUL
12 TO THE ELECTORATE OR OTHERWISE CONSISTENT WITH THE GOALS OF THIS ARTICLE
13 BY THE STATE BOARD.
14 2. THE FOLLOWING STATEMENT, PRINTED IN BOLDFACE TYPE, SHALL FOLLOW THE
15 INTRODUCTORY STATEMENT AND PRECEDE MATERIALS RELATED TO BALLOT
16 PROPOSALS:
17 IMPORTANT: THIS PAMPHLET CONTAINS INFORMATION ONLY ON PROPOSALS WHICH
18 WILL BE ON THE BALLOT STATEWIDE. THERE MAY ALSO BE PROPOSALS OF LOCAL
19 INTEREST ON THE BALLOT IN YOUR COMMUNITY. FOR INFORMATION ON THESE
20 PROPOSALS, CONTACT YOUR LOCAL BOARD OF ELECTIONS AND SEE YOUR LOCAL
21 NEWSPAPER. THE ARGUMENTS FOR AND AGAINST THE PROPOSALS DO NOT CONSTI-
22 TUTE ENDORSEMENT BY THE STATE OF NEW YORK, NOR DOES THE STATE CERTIFY
23 THE ACCURACY OR TRUTH OF ANY STATEMENT MADE IN THOSE MATERIALS.
24 3. MATERIALS SHALL BE PREPARED FOR EACH BALLOT PROPOSAL TO BE SUBMIT-
25 TED TO A STATEWIDE VOTE AT THE GENERAL ELECTION. SUCH MATERIALS SHALL BE
26 PREPARED AS PRESCRIBED IN SECTION 7-306 OF THIS TITLE, AND SHALL INCLUDE
27 THE FOLLOWING:
28 (A) A TRUE COPY OF THE FORM OF THE BALLOT PROPOSAL, AS IT WILL APPEAR
29 ON THE BALLOT, SET OUT IN BOLDFACE OR ITALIC TYPE AT THE TOP OF THE
30 PAGE;
31 (B) A CONCISE, IMPARTIAL, AND UNDERSTANDABLE EXPLANATION, NOT TO
32 EXCEED FIVE HUNDRED WORDS, STATING THE NATURE AND EFFECT OF THE BALLOT
33 PROPOSAL;
34 (C) A STATEMENT NOT TO EXCEED THREE HUNDRED WORDS, OF THE MAJOR ARGU-
35 MENTS FOR ITS PASSAGE, CLEARLY LABELLED AS SUCH;
36 (D) A STATEMENT NOT TO EXCEED THREE HUNDRED WORDS, OF THE MAJOR ARGU-
37 MENTS AGAINST ITS PASSAGE, CLEARLY LABELLED AS SUCH;
38 (E) THE FULL TEXT OF THE BALLOT PROPOSAL, WHICH SHALL BE PRINTED SO AS
39 TO INDICATE BY THE USE OF ITALIC TYPE THE MATTER IF ANY THAT WOULD BE
40 ADDED TO THE STATE CONSTITUTION OF LAW, AND BY THE USE OF BRACKETS THE
41 MATTER IF ANY THAT WOULD BE DELETED THEREFROM;
42 (F) AN EXPLANATION OF SUCH USE OF ITALIC TYPE AND BRACKETS, AS
43 DESCRIBED IN PARAGRAPH (E) OF THIS SUBDIVISION; AND
44 (G) THE MEMBERS OF THE COMMITTEE THAT PREPARED THE MATERIALS.
45 S 7-306. PREPARATION OF BALLOT PROPOSAL MATERIALS. 1. ALL MATERIALS
46 REQUIRED BY PARAGRAPHS (A), (E), (F) AND (G) OF SUBDIVISION THREE OF
47 SECTION 7-304 OF THIS TITLE SHALL BE PREPARED BY THE STATE BOARD OF
48 ELECTIONS, AND ALL MATERIALS REQUIRED BY PARAGRAPHS (B), (C) AND (D) OF
49 SUBDIVISION THREE OF SECTION 7-304 OF THIS TITLE WITH RESPECT TO EACH
50 BALLOT PROPOSAL, SHALL BE PREPARED BY A SEPARATE COMMITTEE CONSISTING OF
51 SEVEN MEMBERS. THE MAJORITY LEADER OF THE SENATE SHALL APPOINT TWO
52 MEMBERS TO SERVE ON SUCH COMMITTEE. THE SPEAKER OF THE ASSEMBLY SHALL
53 APPOINT TWO MEMBERS TO SUCH COMMITTEE. THE MINORITY LEADER OF THE SENATE
54 AND THE MINORITY LEADER OF THE ASSEMBLY SHALL JOINTLY APPOINT TWO ADDI-
55 TIONAL PERSONS TO SUCH COMMITTEE. IN MAKING THEIR APPOINTMENTS, THE
56 MAJORITY AND THE MINORITY LEADERS OF THE SENATE AND THE SPEAKER OF THE
A. 1326 4
1 ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY SHALL ENDEAVOR TO
2 CREATE A COMMITTEE WITH A BROAD RANGE OF OPINIONS ON THE MEASURE. THE
3 SEVENTH MEMBER SHALL BE THE ATTORNEY GENERAL AND SHALL SERVE AS THE
4 CHAIRPERSON OF THE COMMITTEE. VACANCIES SHALL BE FILLED IN THE SAME
5 MANNER AS THE ORIGINAL APPOINTMENT. MEMBERS WHO ARE NOT STATE OFFICIALS
6 SHALL BE ENTITLED TO ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
7 PERFORMANCE OF THEIR DUTIES.
8 2. THE STATE BOARD OF ELECTIONS SHALL MAKE STAFF AVAILABLE TO ASSIST
9 THE COMMITTEE IN CARRYING OUT ITS RESPONSIBILITIES.
10 3. THE COMMITTEE MUST MEET WITHIN TEN DAYS AFTER EACH PROPOSITION HAS
11 PASSED BOTH HOUSES OF THE LEGISLATURE TO DETERMINE WHO SHALL BE THE
12 PRINCIPAL PROPONENTS AND OPPONENTS OF EACH MEASURE. SUCH PRINCIPAL
13 PROPONENT OR OPPONENT MAY BE A MEMBER OF THE COMMITTEE OR ANY REGISTERED
14 VOTER IN THE STATE.
15 4. THE COMMITTEE SHALL ANNOUNCE WITH SUCH NOTICE AS THE STATE BOARD
16 SHALL SPECIFY, ITS PRELIMINARY DRAFT OF THE EXPLANATORY STATEMENT AND
17 THE ARGUMENTS OPPOSING AND PROPOSING THE BALLOT PROPOSALS AS PROVIDED
18 FOR IN PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION THREE OF SECTION 7-304
19 OF THIS TITLE, NOT LATER THAN THE DATE FIXED BY THE STATE BOARD PURSUANT
20 TO THE PROVISIONS OF SECTION 7-302 OF THIS TITLE. ANY PERSON MAY FILE
21 WITH THE COMMITTEE A WRITTEN STATEMENT OF SUGGESTED CHANGES AND ALL SUCH
22 STATEMENTS SUBMITTED NOT LATER THAN THE DATE FIXED BY THE STATE BOARD
23 SHALL BE CONSIDERED BY SUCH COMMITTEE.
24 5. IN COMPLIANCE WITH PARAGRAPHS (C) AND (D) OF SUBDIVISION THREE OF
25 SECTION 7-304 OF THIS TITLE, THE COMMITTEE MAY SELECT NO MORE THAN TWO
26 ARGUMENTS ADVANCED BY PROPONENTS AND OPPONENTS OF EVERY MEASURE TO BE
27 SUBMITTED TO THE VOTERS. IF NO ARGUMENT IS DEEMED APPROPRIATE FOR
28 SELECTION, THE COMMITTEE MAY RESERVE THE RESPONSIBILITY FOR COMPOSITION
29 OF EITHER OR BOTH. IN MAKING ITS SELECTIONS, THE COMMITTEE SHALL GIVE
30 PRIORITY TO ARGUMENTS ADVANCED BY ORGANIZATIONS OVER CONSIDERATION OF
31 ARGUMENTS ADVANCED BY INDIVIDUALS. THE STATE BOARD SHALL INCLUDE IN THE
32 BALLOT PAMPHLET ON THE SAME PAGE AS THE PRINTED ARGUMENT RELATING TO THE
33 MEASURE, THE NAME OF THE ORGANIZATION, IF ANY, ADVANCING THE ARGUMENT
34 AND WHETHER THE ARGUMENT SUPPORTS OR OPPOSES THE MEASURE. IF THE COMMIT-
35 TEE ITSELF HAS WRITTEN THE ARGUMENT, A DISCLAIMER IN SUBSTANTIALLY THE
36 SAME FORM SHALL BE PRINTED IMMEDIATELY BELOW THE ARGUMENT:
37 THE PRINTING OF THIS ARGUMENT DOES NOT CONSTITUTE AN ENDORSEMENT BY
38 THE STATE OF NEW YORK, NOR DOES THE STATE WARRANT THE ACCURACY OR TRUTH
39 OF ANY STATEMENT MADE IN THE ARGUMENT.
40 6. THE COMMITTEE MAY REJECT A STATEMENT OR PORTIONS THEREOF, IF IT:
41 (A) CONTAINS ANY LANGUAGE THAT THE COMMITTEE, AT ITS DISCRETION, HAS
42 CONSTRUED NOT TO ACCOMPLISH THE GOALS OF THIS TITLE;
43 (B) CONTAINS ANY LANGUAGE WHICH MAY NOT BE LEGALLY CIRCULATED THROUGH
44 THE MAILS; OR
45 (C) IS SUBMITTED AFTER THE DATE SPECIFIED BY THE BOARD.
46 7. THEREAFTER, THE COMMITTEE SHALL MAKE ANY CHANGES IN THE MATERIALS
47 AS IT CONSIDERS PROPER AND SHALL FILE THE FINAL SET OF MATERIALS WITH
48 THE STATE BOARD NOT LATER THAN THE DATE SET BY SUCH BOARD PURSUANT TO
49 THE PROVISIONS OF SECTION 7-302 OF THIS TITLE.
50 8. THE PRELIMINARY MATERIALS AND THE FINAL SET OF MATERIALS SHALL BE
51 CONCURRED ON AND CERTIFIED BY THE COMMITTEE OR AT LEAST BY FOUR OF ITS
52 MEMBERS. IF A MEMBER DOES NOT CONCUR, A STATEMENT SHALL SHOW ONLY THAT
53 HE DISSENTS AND WHERE APPLICABLE, THAT HE WAS APPOINTED AS A PROPONENT
54 OR OPPONENT OF THE MEASURE.
A. 1326 5
1 9. THE STATE BOARD SHALL CERTIFY AND MAKE PUBLIC THE FINAL CONTENTS OF
2 THE BALLOT PAMPHLET NO LATER THAN SIXTY DAYS BEFORE THE ELECTION AT
3 WHICH THE MEASURE IS TO APPEAR ON THE BALLOT.
4 S 7-308. STATE IMMUNITY. NO CAUSE OF ACTION SHALL ARISE AGAINST THE
5 STATE OF NEW YORK OR ANY AGENCY OR EMPLOYEE THEREOF WITH RESPECT TO SUCH
6 BALLOT PAMPHLET EXCEPT AS CAUSED BY THE NEGLIGENCE OR WILLFUL ACTS OF
7 THE STATE OR OF ITS AGENTS OR EMPLOYEES, NOR MAY A CAUSE OF ACTION ARISE
8 AGAINST THE STATE OF NEW YORK OR ANY AGENCY OR EMPLOYEE THEREOF BY
9 VIRTUE OF STATEMENTS PREPARED BY ANY COMMITTEE CONSTITUTED UNDER SECTION
10 7-306 OF THIS TITLE.
11 S 7-310. PRINTING. 1. THE STATE BOARD SHALL CAUSE THE BALLOT PAMPHLET
12 TO BE PRINTED IN AS LEGIBLE A MANNER AS POSSIBLE CONSISTENT WITH THE
13 PURPOSE OF THIS TITLE. IN THE EVENT THAT THE STATE BOARD DETERMINES THAT
14 THE PRINTING OF THE BALLOT PAMPHLET WOULD BE MORE EFFICIENT AND ECONOM-
15 ICAL IF DONE BY THE LOCAL BOARDS OF ELECTIONS, THE STATE BOARD IS HEREBY
16 AUTHORIZED TO INSTRUCT ALL BOARDS OF ELECTIONS TO PRINT THE BALLOT
17 PAMPHLET. SHOULD THE STATE BOARD SO INSTRUCT THE BOARDS OF ELECTIONS, IT
18 SHALL PROMPTLY REIMBURSE EACH BOARD FOR THE ACTUAL COST OF PRODUCTION
19 INCURRED BY SAID BOARD.
20 2. THE STATE BOARD OR THE LOCAL BOARDS OF ELECTIONS AS PROVIDED FOR IN
21 SUBDIVISION ONE OF THIS SECTION, SHALL ALSO PREPARE AND CAUSE TO BE
22 PRINTED, AND DISTRIBUTE TO SUCH VOTERS AS IT DEEMS APPROPRIATE, A TRANS-
23 LATION OF THE BALLOT PAMPHLET INTO SPANISH AND ANY OTHER LANGUAGES
24 REQUIRED TO COMPLY WITH THE VOTING RIGHTS ACT OF 1965, AS AMENDED.
25 S 7-312. DISTRIBUTION. 1. THERE SHALL BE NO CHARGE FOR SINGLE COPIES
26 OF THE BALLOT PAMPHLET.
27 2. IN EVERY GENERAL ELECTION IN WHICH A BALLOT PROPOSAL IS ON THE
28 STATEWIDE BALLOT, THE STATE BOARD SHALL CAUSE A COPY OF THE BALLOT
29 PAMPHLET TO BE DISTRIBUTED TO AT LEAST ONE REGISTERED VOTER IN EACH
30 HOUSEHOLD. IN THE EVENT THE STATE BOARD DETERMINES THAT DISTRIBUTION OF
31 THE BALLOT PAMPHLET WOULD BE MORE EFFICIENT AND ECONOMICAL IF DONE BY
32 THE LOCAL BOARDS OF ELECTIONS, THE STATE BOARD IS HEREBY AUTHORIZED TO
33 INSTRUCT ALL BOARDS OF ELECTIONS TO DISTRIBUTE THE BALLOT PAMPHLET TO AT
34 LEAST ONE REGISTERED VOTER IN EACH HOUSEHOLD. SHOULD THE STATE BOARD SO
35 INSTRUCT THE BOARDS OF ELECTIONS, IT SHALL PROVIDE A SUFFICIENT NUMBER
36 OF BALLOT PAMPHLETS TO EACH BOARD OF ELECTIONS AND SHALL PROMPTLY REIM-
37 BURSE EACH BOARD FOR THE ACTUAL COST OF POSTAGE INCURRED BY SAID BOARD
38 IN DISTRIBUTING THE PAMPHLET PROVIDED THAT SAID BOARD UTILIZE THE LOWEST
39 FEASIBLE POSTAGE RATE CHARGED BY THE UNITED STATES POSTAL SERVICE. THE
40 DISTRIBUTION OF THE BALLOT PAMPHLETS TO REGISTERED VOTERS OR HOUSEHOLDS
41 SHALL BE MADE BETWEEN TWENTY AND FORTY DAYS BEFORE THE ELECTION TO WHICH
42 THEY PERTAIN.
43 3. SUFFICIENT COPIES SHALL ALSO BE PROVIDED TO BOARDS OF ELECTIONS TO
44 PERMIT EACH SUCH BOARD TO SUPPLY FIVE COPIES TO EACH ELECTION DISTRICT.
45 4. IN ADDITION TO PROVIDING A SUFFICIENT NUMBER OF COPIES OF THE
46 PAMPHLET TO COMPLY WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION, THE
47 STATE BOARD SHALL CAUSE TO BE PRINTED AT LEAST FIFTY THOUSAND ADDITIONAL
48 COPIES AND PROVIDE THEM TO THOSE PERSONS, ORGANIZATIONS AND OTHER ENTI-
49 TIES THAT REQUEST THEM, AT NO CHARGE, PROVIDED THAT THE STATE BOARD MAY
50 IMPOSE A CHARGE FOR BULK ORDERS OF GREATER THAN FIVE COPIES AND MAY SET
51 LIMITS ON THE TOTAL NUMBER OF COPIES THAT ANY SINGLE INDIVIDUAL, ORGAN-
52 IZATION OR OTHER ENTITY MAY OBTAIN UPON REQUEST.
53 S 7-314. AUTHORIZATION TO LOCAL COMMUNITIES. THE LEGISLATIVE BODIES OF
54 ALL CITIES, TOWNS AND COUNTIES ARE HEREBY AUTHORIZED TO ENACT LEGIS-
55 LATION CONSISTENT WITH THE PROVISIONS OF THIS TITLE WHICH WOULD ENABLE
56 QUESTIONS, PROPOSITIONS, AND ISSUES ON THE BALLOT IN SUCH CITIES, TOWNS
A. 1326 6
1 AND COUNTIES TO BE PRESENTED TO VOTERS BY MEANS OF A BALLOT PAMPHLET.
2 ANY SUCH PAMPHLET MAY, WITH THE APPROVAL OF THE STATE BOARD, BE MAILED
3 TOGETHER WITH THE STATEWIDE BALLOT PAMPHLET. THE ADDITIONAL EXPENSE OF
4 PREPARING, PRINTING AND DISTRIBUTING SUCH A PAMPHLET SHALL BE PAID BY
5 SUCH CITY, TOWN OR COUNTY.
6 S 8. Subdivision 2 of section 16-100 of the election law, as amended
7 by section 4 of part E of chapter 399 of the laws of 2011, is amended to
8 read as follows:
9 2. The county court is vested with jurisdiction to summarily determine
10 any question of law or fact except proceedings as to a nomination or
11 election at a primary election or a nomination at a judicial convention,
12 proceedings as to the casting and canvass of ballots, proceedings for
13 examination or preservation of ballots, PROCEEDINGS AS TO THE CONTENTS
14 OF STATEMENTS ON CONSTITUTIONAL AMENDMENTS, QUESTIONS AND PROPOSITIONS
15 and proceedings to enforce the provisions of article fourteen of this
16 chapter.
17 S 9. The election law is amended by adding a new section 16-105 to
18 read as follows:
19 S 16-105. PROCEEDINGS AS TO THE CONTENT OF BALLOT PAMPHLETS. 1. ANY
20 PERSON ELIGIBLE TO VOTE ON ANY BALLOT PROPOSAL CONTAINED IN ANY BALLOT
21 PAMPHLET PREPARED PURSUANT TO TITLE THREE OF ARTICLE SEVEN OF THIS CHAP-
22 TER MAY INSTITUTE A PROCEEDING AS TO THE FACTUAL ACCURACY OF STATEMENTS
23 ON CONSTITUTIONAL AMENDMENTS, QUESTIONS AND PROPOSITIONS. ANY SUCH
24 PROCEEDING SHALL BE BROUGHT IN THE SUPREME COURT OF THE STATE OF NEW
25 YORK, ALBANY COUNTY.
26 2. A PROCEEDING PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST BE
27 INSTITUTED NO LATER THAN TEN DAYS AFTER THE STATE BOARD CERTIFIES THE
28 FINAL CONTENTS OF THE BALLOT PAMPHLET. IF THE COURT FINDS THAT THE FORM
29 AND CONTENTS DO NOT COMPLY WITH THE REQUIREMENTS OF ARTICLE SEVEN OF
30 THIS CHAPTER, OR FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE
31 LANGUAGE OF THE PAMPHLET IS FALSE OR MISLEADING, IT SHALL ORDER SUCH
32 CHANGES AS IT DEEMS NECESSARY, PROVIDED THAT ANY CHANGES SO ORDERED WILL
33 NOT SUBSTANTIALLY INTERFERE WITH THE PRINTING AND DISTRIBUTION OF THE
34 PAMPHLET AS REQUIRED BY LAW.
35 3. A FINAL ORDER IN ANY PROCEEDING UNDER THIS SECTION SHALL BE MADE,
36 IF POSSIBLE, AT LEAST FIFTY DAYS BEFORE THE GENERAL ELECTION FOR WHICH
37 THE PAMPHLET WAS PREPARED.
38 S 10. On or before March 1, 2021 the board of elections shall submit a
39 report to the governor and the legislature evaluating the effectiveness
40 of ballot pamphlets as a tool to increase voter awareness, registration
41 and participation. Such report shall include statistics on voter partic-
42 ipation both before and after ballot pamphlets were distributed and
43 findings and recommendations on continuing and improving title III of
44 article 7 of the election law.
45 S 11. This act shall take effect April 1, 2017 and shall expire May 1,
46 2021, when upon such date the provisions of this act shall be deemed
47 repealed.
REPEAL NOTE.--Subdivisions 2 and 3 of section 4-116 of the election
law, proposed to be repealed by this act, provides for publication of
proposed constitutional amendments.
Paragraphs c and d of subdivision 1 of section 4-108 of the election
law, proposed to be repealed by this act, provide for a transmittal to
county boards of an abstract of proposed constitutional amendments and
for the form of the proposed constitutional amendment.
A. 1326 7
Subdivision 4 of section 5-204 of the election law, proposed to be
repealed by this act, provides for distribution of copies of proposed
constitutional amendments and questions at local registration.
Subdivision 2 of section 4-117 of the election law, proposed to be
repealed by this act, provides for mailing copies of proposed constitu-
tional amendments and questions to registered voters.
