Bill Text: NY A00193 | 2019-2020 | 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: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to election law [A00193 Detail]
Download: New_York-2019-A00193-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 193 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON, DINOWITZ, GALEF -- 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 Subdivisions 2 and 3 of section 4-116 of the election law 2 are REPEALED. 3 § 2. Paragraphs c and d of subdivision 1 of section 4-108 of the 4 election law are REPEALED and subdivision 3, as added by chapter 234 of 5 the laws of 1976, is amended to read as follows: 6 3.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 questions16are to be submitted to the voters of the state, the notice shall state17that fact and that a copy of each such amendment or question may be18obtained 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. LBD00230-01-9A. 193 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 § 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 § 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 § 6. Subdivision 2 of section 4-117 of the election law is REPEALED 31 and subdivision 3 is renumbered subdivision 2. 32 § 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 § 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 § 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. 193 3 1 § 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 § 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 theA. 193 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. 193 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 § 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 § 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 § 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 § 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, townsA. 193 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 § 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 § 9. The election law is amended by adding a new section 16-105 to 18 read as follows: 19 § 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 § 10. On or before March 1, 2025 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 § 11. This act shall take effect April 1, 2021 and shall expire May 1, 46 2025, 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, provide 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. 193 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.
