Bill Text: NY A04607 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to the text of proposed constitutional amendments and questions.

Sponsorship: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2016-01-06 - referred to election law [A04607 Detail]

Download: New_York-2015-A04607-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4607--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2015
                                      ___________
       Introduced by M. of A. QUART, RUSSELL, GALEF -- Multi-Sponsored by -- M.
         of  A.   LAWRENCE, ROBINSON -- read once and referred to the Committee
         on  Election  Law  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 4-108 of the election law, paragraph b of subdivi-
    2  sion 1 as amended by chapter 117 of the laws of  1985,  paragraph  d  of
    3  subdivision 1 and subdivision 2 as amended by chapter 136 of the laws of
    4  1978,  and subdivision 3 as added by chapter 234 of the laws of 1976, is
    5  amended to read as follows:
    6    S 4-108. Certification of proposed constitutional amendments and ques-
    7  tions.  1. a. Whenever any proposed amendment  to  the  constitution  or
    8  other question provided by law to be submitted to a statewide vote shall
    9  be  submitted  to  the  people  for  their  approval, the state board of
   10  elections at least three months prior to the general election  at  which
   11  such  amendment,  proposition  or question is to be submitted, shall (I)
   12  transmit to each county board of elections a certified copy of the  text
   13  of  each  amendment, proposition or question and a statement of the form
   14  in which it is to be submitted; AND (II) PUBLISH A COPY OF THE  TEXT  OF
   15  EACH  AMENDMENT,  PROPOSITION OR QUESTION AND A STATEMENT OF THE FORM IN
   16  WHICH IT IS TO BE SUBMITTED ON THE  STATE  BOARD  OF  ELECTIONS  WEBSITE
   17  UNTIL THE DAY AFTER THE GENERAL ELECTION OF THAT PARTICULAR YEAR.
   18    b. Whenever any proposal, proposition or referendum as provided by law
   19  is  to  be  submitted  to  a vote of the people of a county, city, town,
   20  village or special district, at an election conducted by  the  board  of
   21  elections,  the clerk of such political subdivision, at least thirty-six
   22  days prior to the election at which such proposal, proposition or refer-
   23  endum is to be submitted, shall transmit to each board  of  elections  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07233-02-5
       A. 4607--A                          2
    1  certified  copy  of the text of such proposal, proposition or referendum
    2  and a statement of the form in which it is to be submitted. If a special
    3  election is to be held, such transmittal shall also  give  the  date  of
    4  such election.
    5    c.  Such  certified  copy  shall set out all new matter in italics and
    6  enclose in brackets, [    ], all matter to be eliminated  from  existing
    7  law, and at the bottom of each page shall be appended the words:
    8    Explanation: Matter in italics is new, to be added; matter in brackets
    9  [    ] is old law, to be omitted.
   10    d.  In  addition  to  the  text, AS REQUIRED UNDER PARAGRAPH A OF THIS
   11  SUBDIVISION, such transmittal shall contain an abstract of such proposed
   12  amendment, proposition or question, [prepared  by  the  state  board  of
   13  elections]  concisely  stating the purpose and effect thereof in a clear
   14  and coherent manner using words with common and everyday meanings.
   15    2. The form in which the proposed amendment, proposition  or  question
   16  is to be submitted shall consist of only an abbreviated title indicating
   17  generally  and  briefly,  and  in  a clear, UNBIASED and coherent manner
   18  using words with common and every-day meanings, the  subject  matter  of
   19  the amendment, proposition or question. If more than one such amendment,
   20  proposition  or question is to be voted upon at such election, each such
   21  amendment, proposition or question respectively shall be separately  and
   22  consecutively numbered.
   23    3.  The  attorney general shall [advise in the preparation of] PREPARE
   24  AND DELIVER such abstract and such form of submission, AS REQUIRED UNDER
   25  PARAGRAPHS A AND D OF SUBDIVISION ONE OF  THIS  SECTION,  TO  THE  STATE
   26  BOARD OF ELECTIONS AT LEAST FOUR MONTHS PRIOR TO THE GENERAL ELECTION AT
   27  WHICH SUCH AMENDMENT, PROPOSITION OR QUESTION IS TO BE SUBMITTED.
   28    S  2. This act shall take effect one year after it shall have become a
   29  law.
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