Rpld S4-116 subs 2 & 3, S4-108 sub 1 c & d, S5-204 sub 4, S4-117 sub 2, amd SS4-108, 4-120, 4-128, 5-204,
4-117, 16-100, add Art 7 Title 3 SS7-300 - 7-314, S16-105, El L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A234
SPONSOR: Cahill (MS) TITLE OF BILL: 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
amendments to the constitution or other propositions or questions; and
providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: This bill provides for the prepara-
tion and distribution of a ballot pamphlet which would help educate the
electorate about the proposals appearing on the ballot. It would also
contain voter registration information.
SUMMARY OF SPECIFIC PROVISION: This bill provides for the preparation
and distribution of a ballot pamphlet which would contain the following:
l) an introductory statement explaining the date and hours during which
the polls will be open for the general election; 2) voter qualification
requirements in New York State; 3) when, where, and how to register to
vote; 4) when and how absentee ballots are obtained and used; 5)
instructions on how to vote including the use of affidavit ballots; 6)
any other general information on voting deemed necessary or useful to
the electorate.
In addition to the above information, materials would be prepared and
included in the ballot pamphlet for each ballot proposal that is submit-
ted to a statewide vote at the general election. The material would
include the following: l) A true copy of the form of the ballot
proposal, as it will appear on the ballot; 2) a concise explanation
stating the nature and effect of the ballot proposal; 3) a summary of
the major arguments for its passage; 4) a summary of the major arguments
against its passage; and 5) the full text of the ballot proposal, with
all additions to the state constitution to be indicated by the use of
italic type and all deletions to be indicated by the use of brackets.
The preparation of the ballot proposal materials will be done in the
following manner:
1) All material relating to a ballot proposal would be prepared by a
seven member committee. Both the Majority Leader of the Senate and the
Speaker of the Assembly would each appoint two members to the committee.
The Minority Leader of the Senate and the Minority Leader of the Assem-
bly would jointly appoint two members to the committee. The seventh
member of the committee would be the attorney general who would serve as
the Chairperson of the committee.
Any proceeding to contest the factual accuracy of statements on consti-
tutional amendments, questions and propositions in the ballot pamphlet
itself would be instituted by any eligible voter in the state no later
than ten days after the state board certifies the final contents of the
ballot pamphlet and must be concluded at least fifty days before the
election in which the ballot proposals addressed in the pamphlet are to
appear.
The Board of Elections shall report to the Governor and the Legislature
on or before March 1, 2017 on the effectiveness of ballot pamphlets in
increasing voter awareness, registration and participation and make
recommendations as to continuing and improving this title.
JUSTIFICATION: In past elections, New York State voters have been
asked to approve ballot propositions which call for the expenditure of
billions of dollars and affect the lives of millions of people. While it
is necessary for ballot propositions and constitutional amendments to be
presented to voters in language that is legally precise, this language
often is indecipherable to many citizens. As a result, many voters are
uncertain of what is being proposed and are confused over the actual
position which their "yes" or "no" vote represents. Many voters are so
discouraged that they make no decision at all.
In 1988, approximately 60% of voters did not vote on the Transportation
Bond Act. In 1993, 53% of voters did not vote on three statewide ballot
questions on state debt. According to the State Board of Elections,
almost 63% of actual voters (and 77% of registered voters) did not vote
on the Environmental Bond Act in 1996.
In other states including California, Massachusetts, Montana, Washing-
ton, Arizona and Oregon where the ballot pamphlet has been utilized,
there has been noticeable increases in voter responses to ballot propo-
sitions. In Massachusetts, 93% of their voters cast ballots on their
proposition in 1986 and voting on ballot proposals has risen an average
of 15% since the implementation of the Ballot Pamphlet (Citizen Union).
In addition, New York City passed an extensive ballot pamphlet proposal
in 1988 to educate the public on ballot proposals
AND candidates for
office.
Increased voter awareness and participation more than justifies the cost
of a ballot pamphlet particularly in light of the huge expenditures
voters are being asked to approve in ballot proposals.
In addition, the pamphlet would contain basic voting information which
is otherwise hard to come by. For instance, providing information on
how to register, vote and obtain absentee ballots, would assist thou-
sands of people who attempt to call boards of elections and who either
never get through or receive unsatisfactory answers.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A.957 - Referred to Election Law
2007-2008: A.7802 - Referred to Election Law
2004: A.471 - Rules
2003: A.471 - Election
2002: A.243-B Passed Assembly
2001: A.243-A - Passed Assembly
2000: A.1190 Ways & Means
1999: A.1190 - Codes
1998: A.1787 - Election
1997: A.1787 - Ways and Means
1996: A.634-B - Ref. to Ways & Means
1995: A.634-A - Ways & Means
1994: A.4972-A - Passed Assembly
1993: A.4972 - Ways & Means
1992: A.6525-A - Ways & Means
1991: A.6525 - Ways & Means
1990: A.5409-A - Ways & Means
1987 - A.2719-A - Ways & Means
1989: A.5409-A - Ways & Means
1986 - A.10968-A - Passed Assem.
1988: A.2719-C - Ways & Means
1985 - A.3824-A - Ways & Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: It is estimated
that the ballot pamphlet would cost between $.18 and $.33 per voter,
depending upon the type of pamphlet produced and the number of regis-
tered voters. These pamphlets would be distributed to at least one
registered voter in each household.
EFFECTIVE DATE: This law shall take effect on April 1, 2011 and shall
expire May 1, 2017.
STATE OF NEW YORK
________________________________________________________________________
234
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. CAHILL, DINOWITZ, BROOK-KRASNY -- Multi-Sponsored
by -- M. of A. BRENNAN, COLTON, GALEF, JACOBS, P. LOPEZ, McENENY,
REILLY, WEISENBERG -- 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 § 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 § 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
20 contains a city or cities, at least one of such newspapers shall be
21 published in the city, or the largest city, if there be more than one.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01027-01-1
A. 234 2
1 § 4. Subdivision 1 of section 4-128 of the election law, as amended by
2 chapter 489 of the laws of 2009, is amended to read as follows:
3 1. The board of elections of each county shall provide the requisite
4 number of official and facsimile ballots, two cards of instruction to
5 voters in the form prescribed by the state board of elections, five
6 copies of each ballot pamphlet, at least one copy of the instruction
7 booklet for inspectors, a sufficient number of maps, street finders or
8 other descriptions of all of the polling places and election districts
9 within the county in which the polling place is located to enable the
10 election inspectors and poll clerks to determine the correct election
11 district and polling place for each street address within the county in
12 which the polling place is located, distance markers, tally sheets and
13 return blanks, pens, black ink, or ball point pens with black ink,
14 pencils having black lead, envelopes for the ballots of voters whose
15 registration poll records are not in the ledger or whose names are not
16 on the computer generated registration list, envelopes for returns,
17 identification buttons, badges or emblems for the inspectors and clerks
18 in the form prescribed by the state board of elections and such other
19 articles of stationery as may be necessary for the proper conduct of
20 elections, except that when a town, city or village holds an election
21 not conducted by the board of elections, the clerk of such town, city or
22 village, shall provide such official and facsimile ballots and the
23 necessary blanks, supplies and stationery for such election.
24 § 5. Subdivision 4 of section 5-204 of the election law is REPEALED
25 and subdivisions 3, 5, 6, 7, 8, 9 and 10 are renumbered subdivisions 2,
26 3, 4, 5, 6, 7 and 8.
27 § 6. Subdivision 2 of section 4-117 of the election law is REPEALED
28 and subdivision 3 is renumbered subdivision 2.
29 § 7. Article 7 of the election law is amended by adding a new title 3
30 to read as follows:
31 TITLE III
32 BALLOT PAMPHLET
33 Section 7-300. Legislative findings.
34 7-302. State board of elections to prepare ballot pamphlet.
35 7-304. Contents of ballot pamphlet.
36 7-306. Preparation of ballot proposal materials.
37 7-308. State immunity.
38 7-310. Printing.
39 7-312. Distribution.
40 7-314. Authorization to local communities.
41 § 7-300. Legislative findings. The legislature hereby finds and
42 declares that the purpose of this title and of the ballot pamphlet is to
43 fully and fairly inform the electorate about the issues appearing on the
44 ballot. The state board of elections shall undertake its responsibil-
45 ities in the manner best calculated to, and all the provisions herein
46 shall be construed so as to accomplish that goal.
47 § 7-302. State board of elections to prepare ballot pamphlet. It shall
48 be the duty of the state board of elections, hereinafter referred to as
49 the state board, to prepare and distribute a ballot pamphlet, in the
50 manner set out in this title, for every general election conducted in
51 the state in which a ballot proposal is on the ballot. Not later than
52 January thirty-first of each year, the state board shall fix and
53 announce the dates for all deadlines provided for by this title.
54 § 7-304. Contents of ballot pamphlet. Each ballot pamphlet shall
55 contain the following material and no other material. 1. An introductory
56 statement shall be prepared by the state board explaining:
A. 234 3
1 (a) The date and hours during which the polls will be open for the
2 general election;
3 (b) Voter qualification requirements in New York state;
4 (c) When, where, and how to register to vote;
5 (d) When, where and how absentee ballots are obtained and used;
6 (e) Instructions on how to vote, including the use of affidavit
7 ballots; and
8 (f) Any other general information on voting deemed necessary or useful
9 to the electorate or otherwise consistent with the goals of this article
10 by the state board.
11 2. The following statement, printed in boldface type, shall follow the
12 introductory statement and precede materials related to ballot
13 proposals:
14 IMPORTANT: This pamphlet contains information only on proposals which
15 will be on the ballot statewide. There may also be proposals of local
16 interest on the ballot in your community. For information on these
17 proposals, contact your local board of elections and see your local
18 newspaper. The arguments for and against the proposals do not consti-
19 tute endorsement by the State of New York, nor does the State certify
20 the accuracy or truth of any statement made in those materials.
21 3. Materials shall be prepared for each ballot proposal to be submit-
22 ted to a statewide vote at the general election. Such materials shall be
23 prepared as prescribed in section 7-306 of this title, and shall include
24 the following:
25 (a) A true copy of the form of the ballot proposal, as it will appear
26 on the ballot, set out in boldface or italic type at the top of the
27 page;
28 (b) A concise, impartial, and understandable explanation, not to
29 exceed five hundred words, stating the nature and effect of the ballot
30 proposal;
31 (c) A statement not to exceed three hundred words, of the major argu-
32 ments for its passage, clearly labelled as such;
33 (d) A statement not to exceed three hundred words, of the major argu-
34 ments against its passage, clearly labelled as such;
35 (e) The full text of the ballot proposal, which shall be printed so as
36 to indicate by the use of italic type the matter if any that would be
37 added to the state constitution of law, and by the use of brackets the
38 matter if any that would be deleted therefrom;
39 (f) An explanation of such use of italic type and brackets, as
40 described in paragraph (e) of this subdivision; and
41 (g) The members of the committee that prepared the materials.
42 § 7-306. Preparation of ballot proposal materials. 1. All materials
43 required by paragraphs (a), (e), (f) and (g) of subdivision three of
44 section 7-304 of this title shall be prepared by the state board of
45 elections, and all materials required by paragraphs (b), (c) and (d) of
46 subdivision three of section 7-304 of this title with respect to each
47 ballot proposal, shall be prepared by a separate committee consisting of
48 seven members. The majority leader of the senate shall appoint two
49 members to serve on such committee. The speaker of the assembly shall
50 appoint two members to such committee. The minority leader of the senate
51 and the minority leader of the assembly shall jointly appoint two addi-
52 tional persons to such committee. In making their appointments, the
53 majority and the minority leaders of the senate and the speaker of the
54 assembly and the minority leader of the assembly shall endeavor to
55 create a committee with a broad range of opinions on the measure. The
56 seventh member shall be the attorney general and shall serve as the
A. 234 4
1 chairperson of the committee. Vacancies shall be filled in the same
2 manner as the original appointment. Members who are not state officials
3 shall be entitled to actual and necessary expenses incurred in the
4 performance of their duties.
5 2. The state board of elections shall make staff available to assist
6 the committee in carrying out its responsibilities.
7 3. The committee must meet within ten days after each proposition has
8 passed both houses of the legislature to determine who shall be the
9 principal proponents and opponents of each measure. Such principal
10 proponent or opponent may be a member of the committee or any registered
11 voter in the state.
12 4. The committee shall announce with such notice as the state board
13 shall specify, its preliminary draft of the explanatory statement and
14 the arguments opposing and proposing the ballot proposals as provided
15 for in paragraphs (b), (c) and (d) of subdivision three of section 7-304
16 of this title, not later than the date fixed by the state board pursuant
17 to the provisions of section 7-302 of this title. Any person may file
18 with the committee a written statement of suggested changes and all such
19 statements submitted not later than the date fixed by the state board
20 shall be considered by such committee.
21 5. In compliance with paragraphs (c) and (d) of subdivision three of
22 section 7-304 of this title, the committee may select no more than two
23 arguments advanced by proponents and opponents of every measure to be
24 submitted to the voters. If no argument is deemed appropriate for
25 selection, the committee may reserve the responsibility for composition
26 of either or both. In making its selections, the committee shall give
27 priority to arguments advanced by organizations over consideration of
28 arguments advanced by individuals. The state board shall include in the
29 ballot pamphlet on the same page as the printed argument relating to the
30 measure, the name of the organization, if any, advancing the argument
31 and whether the argument supports or opposes the measure. If the commit-
32 tee itself has written the argument, a disclaimer in substantially the
33 same form shall be printed immediately below the argument:
34 The printing of this argument does not constitute an endorsement by
35 the state of New York, nor does the state warrant the accuracy or truth
36 of any statement made in the argument.
37 6. The committee may reject a statement or portions thereof, if it:
38 (a) contains any language that the committee, at its discretion, has
39 construed not to accomplish the goals of this title;
40 (b) contains any language which may not be legally circulated through
41 the mails; or
42 (c) is submitted after the date specified by the board.
43 7. Thereafter, the committee shall make any changes in the materials
44 as it considers proper and shall file the final set of materials with
45 the state board not later than the date set by such board pursuant to
46 the provisions of section 7-302 of this title.
47 8. The preliminary materials and the final set of materials shall be
48 concurred on and certified by the committee or at least by four of its
49 members. If a member does not concur, a statement shall show only that
50 he dissents and where applicable, that he was appointed as a proponent
51 or opponent of the measure.
52 9. The state board shall certify and make public the final contents of
53 the ballot pamphlet no later than sixty days before the election at
54 which the measure is to appear on the ballot.
55 § 7-308. State immunity. No cause of action shall arise against the
56 state of New York or any agency or employee thereof with respect to such
A. 234 5
1 ballot pamphlet except as caused by the negligence or willful acts of
2 the state or of its agents or employees, nor may a cause of action arise
3 against the state of New York or any agency or employee thereof by
4 virtue of statements prepared by any committee constituted under section
5 7-306 of this title.
6 § 7-310. Printing. 1. The state board shall cause the ballot pamphlet
7 to be printed in as legible a manner as possible consistent with the
8 purpose of this title. In the event that the state board determines that
9 the printing of the ballot pamphlet would be more efficient and econom-
10 ical if done by the local boards of elections, the state board is hereby
11 authorized to instruct all boards of elections to print the ballot
12 pamphlet. Should the state board so instruct the boards of elections, it
13 shall promptly reimburse each board for the actual cost of production
14 incurred by said board.
15 2. The state board or the local boards of elections as provided for in
16 subdivision one of this section, shall also prepare and cause to be
17 printed, and distribute to such voters as it deems appropriate, a trans-
18 lation of the ballot pamphlet into Spanish and any other languages
19 required to comply with the Voting Rights Act of 1965, as amended.
20 § 7-312. Distribution. 1. There shall be no charge for single copies
21 of the ballot pamphlet.
22 2. In every general election in which a ballot proposal is on the
23 statewide ballot, the state board shall cause a copy of the ballot
24 pamphlet to be distributed to at least one registered voter in each
25 household. In the event the state board determines that distribution of
26 the ballot pamphlet would be more efficient and economical if done by
27 the local boards of elections, the state board is hereby authorized to
28 instruct all boards of elections to distribute the ballot pamphlet to at
29 least one registered voter in each household. Should the state board so
30 instruct the boards of elections, it shall provide a sufficient number
31 of ballot pamphlets to each board of elections and shall promptly reim-
32 burse each board for the actual cost of postage incurred by said board
33 in distributing the pamphlet provided that said board utilize the lowest
34 feasible postage rate charged by the United States postal service. The
35 distribution of the ballot pamphlets to registered voters or households
36 shall be made between twenty and forty days before the election to which
37 they pertain.
38 3. Sufficient copies shall also be provided to boards of elections to
39 permit each such board to supply five copies to each election district.
40 4. In addition to providing a sufficient number of copies of the
41 pamphlet to comply with subdivisions two and three of this section, the
42 state board shall cause to be printed at least fifty thousand additional
43 copies and provide them to those persons, organizations and other enti-
44 ties that request them, at no charge, provided that the state board may
45 impose a charge for bulk orders of greater than five copies and may set
46 limits on the total number of copies that any single individual, organ-
47 ization or other entity may obtain upon request.
48 § 7-314. Authorization to local communities. The legislative bodies of
49 all cities, towns and counties are hereby authorized to enact legis-
50 lation consistent with the provisions of this title which would enable
51 questions, propositions, and issues on the ballot in such cities, towns
52 and counties to be presented to voters by means of a ballot pamphlet.
53 Any such pamphlet may, with the approval of the state board, be mailed
54 together with the statewide ballot pamphlet. The additional expense of
55 preparing, printing and distributing such a pamphlet shall be paid by
56 such city, town or county.
A. 234 6
1 § 8. Subdivision 2 of section 16-100 of the election law is amended to
2 read as follows:
3 2. The county court is vested with jurisdiction to summarily deter-
4 mine any question of law or fact except proceedings as to a nomination
5 or election at a primary election or a nomination at a judicial conven-
6 tion, proceedings as to the casting and canvass of ballots [and],
7 proceedings for examination or preservation of ballots and proceedings
8 as to the contents of statements on constitutional amendments, questions
9 and propositions.
10 § 9. The election law is amended by adding a new section 16-105 to
11 read as follows:
12 § 16-105. Proceedings as to the content of ballot pamphlets. 1. Any
13 person eligible to vote on any ballot proposal contained in any ballot
14 pamphlet prepared pursuant to title three of article seven of this chap-
15 ter may institute a proceeding as to the factual accuracy of statements
16 on constitutional amendments, questions and propositions. Any such
17 proceeding shall be brought in the supreme court of the state of New
18 York, Albany county.
19 2. A proceeding pursuant to subdivision one of this section must be
20 instituted no later than ten days after the state board certifies the
21 final contents of the ballot pamphlet. If the court finds that the form
22 and contents do not comply with the requirements of article seven of
23 this chapter, or finds by clear and convincing evidence that the
24 language of the pamphlet is false or misleading, it shall order such
25 changes as it deems necessary, provided that any changes so ordered will
26 not substantially interfere with the printing and distribution of the
27 pamphlet as required by law.
28 3. A final order in any proceeding under this section shall be made,
29 if possible, at least fifty days before the general election for which
30 the pamphlet was prepared.
31 § 10. On or before March 1, two thousand seventeen the board of
32 elections shall submit a report to the governor and the legislature
33 evaluating the effectiveness of ballot pamphlets as a tool to increase
34 voter awareness, registration and participation. Such report shall
35 include statistics on voter participation both before and after ballot
36 pamphlets were distributed and findings and recommendations on continu-
37 ing and improving title III of article 7 of the election law.
38 § 11. This act shall take effect April 1, 2013 and shall expire May 1,
39 2017, when upon such date the provisions of this act shall be deemed
40 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.
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.
