Bill Text: NY S00638 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the text of proposed constitutional amendments and questions; requires the state board of elections to publish the text of any proposed constitutional amendment, proposition or question; requires that the language of the proposed amendment, proposition or question be unbiased; requires that the language be prepared by the attorney general.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S00638 Detail]

Download: New_York-2023-S00638-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           638

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        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 Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs a and d of subdivision 1 and subdivisions 2  and
     2  3 of section 4-108 of the election law, paragraph d of subdivision 1 and
     3  subdivision  2 as amended by chapter 136 of the laws of 1978, and subdi-
     4  vision 3 as added by chapter 234 of the laws of  1976,  are  amended  to
     5  read as follows:
     6    a.  Whenever any proposed amendment to the constitution or other ques-
     7  tion provided by law to be  submitted  to  a  statewide  vote  shall  be
     8  submitted to the people for their approval, the state board of elections
     9  at least three months prior to the general election at which such amend-
    10  ment,  proposition or question is to be submitted, shall (i) transmit to
    11  each county board of elections a certified copy  of  the  text  of  each
    12  amendment,  proposition or question and a statement of the form in which
    13  it is to be submitted; and (ii) publish a  copy  of  the  text  of  each
    14  amendment,  proposition or question and a statement of the form in which
    15  it is to be submitted on the state board of elections website until  the
    16  day after the general election of that particular year.
    17    d.  In  addition  to  the  text, as required under paragraph a of this
    18  subdivision, such transmittal shall contain an abstract of such proposed
    19  amendment, proposition or question, [prepared  by  the  state  board  of
    20  elections]  concisely  stating the purpose and effect thereof in a clear
    21  and coherent manner using words with common and everyday meanings.
    22    2. The form in which the proposed amendment, proposition  or  question
    23  is to be submitted shall consist of only an abbreviated title indicating
    24  generally  and  briefly,  and  in  a clear, unbiased and coherent manner
    25  using words with common and [every-day] everyday meanings,  the  subject

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02429-01-3
        S. 638                              2

     1  matter  of the amendment, proposition or question. If more than one such
     2  amendment, proposition or question is to be voted upon at such election,
     3  each such amendment, proposition or question respectively shall be sepa-
     4  rately and consecutively numbered.
     5    3.  The  attorney general shall [advise in the preparation of] prepare
     6  and deliver such abstract and such form of submission, as required under
     7  paragraphs a and d of subdivision one of  this  section,  to  the  state
     8  board of elections at least four months prior to the general election at
     9  which such amendment, proposition or question is to be submitted.
    10    §  2. This act shall take effect one year after it shall have become a
    11  law.