Bill Text: NY A01116 | 2021-2022 | 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) 2022-01-05 - referred to election law [A01116 Detail]
Download: New_York-2021-A01116-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1116 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ 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 Subdivisions 2 and 3 of section 4-116 of the election law 2 are REPEALED. 3 § 2. Paragraphs c and d of subdivision 1 of section 4-108 of the 4 election law are REPEALED and subdivision 3, as added by chapter 234 of 5 the laws of 1976, is amended to read as follows: 6 3.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 413 of the laws of 2019, 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. The board of elections shall, as soon as prac- 16 ticable, but not less than two weeks prior to any special election, 17 prominently display on its website the date and hours of the election, 18 the offices to be voted on in the county, part of a county, or the city 19 of New York, and a link to any poll site information or poll location 20 tools, where available. Such information shall also be made available to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01399-01-1A. 1116 2 1 local governments, municipalities, and community boards for publication 2 on any public-facing internet website, web application, web domain or 3 digital application, including a social network or search engine, to the 4 extent that such publication is practicable. [If constitutional amend-5ments, or questions are to be submitted to the voters of the state, the6notice shall state that fact and that a copy of each such amendment or7question may be obtained at the board of elections, by any voter.] Such 8 publication shall be in two newspapers published within the county. If 9 the county contains a city or cities, at least one of such newspapers 10 shall be published in the city, or the largest city, if there be more 11 than one. 12 § 4. Subdivision 1 of section 4-128 of the election law, as amended by 13 section 2 of part XX of chapter 55 of the laws of 2019, is amended to 14 read as follows: 15 1. The board of elections of each county shall provide the requisite 16 number of official and facsimile ballots, two cards of instruction to 17 voters in the form prescribed by the state board of elections, five 18 copies of each ballot pamphlet, at least one copy of the instruction 19 booklet for inspectors, a sufficient number of maps, street finders or 20 other descriptions of all of the polling places and election districts 21 within the political subdivision in which the polling place is located 22 to enable the election inspectors and poll clerks to determine the 23 correct election district and polling place for each street address 24 within the political subdivision in which the polling place is located, 25 distance markers, tally sheets and return blanks, pens, pencils, or 26 other appropriate marking devices, envelopes for the ballots of voters 27 whose registration poll records are not in the ledger or whose names are 28 not in the computer generated registration list, envelopes for returns, 29 identification buttons, badges or emblems for the inspectors and clerks 30 in the form prescribed by the state board of elections and such other 31 articles of stationery as may be necessary for the proper conduct of 32 elections, except that when a town, city or village holds an election 33 not conducted by the board of elections, the clerk of such town, city or 34 village, shall provide such official and facsimile ballots and the 35 necessary blanks, supplies and stationery for such election. 36 § 5. Subdivision 4 of section 5-204 of the election law is REPEALED 37 and subdivisions 3, 5, 6, 7, 8, 9 and 10 are renumbered subdivisions 2, 38 3, 4, 5, 6, 7 and 8. 39 § 6. Subdivision 2 of section 4-117 of the election law is REPEALED 40 and subdivision 3 is renumbered subdivision 2. 41 § 7. Article 7 of the election law is amended by adding a new title 3 42 to read as follows: 43 TITLE III 44 BALLOT PAMPHLET 45 Section 7-300. Legislative findings. 46 7-302. State board of elections to prepare ballot pamphlet. 47 7-304. Contents of ballot pamphlet. 48 7-306. Preparation of ballot proposal materials. 49 7-308. State immunity. 50 7-310. Printing. 51 7-312. Distribution. 52 7-314. Authorization to local communities. 53 § 7-300. Legislative findings. The legislature hereby finds and 54 declares that the purpose of this title and of the ballot pamphlet is to 55 fully and fairly inform the electorate about the issues appearing on the 56 ballot. The state board of elections shall undertake its responsibil-A. 1116 3 1 ities in the manner best calculated to, and all the provisions herein 2 shall be construed so as to accomplish that goal. 3 § 7-302. State board of elections to prepare ballot pamphlet. It shall 4 be the duty of the state board of elections, hereinafter referred to as 5 the state board, to prepare and distribute a ballot pamphlet, in the 6 manner set out in this title, for every general election conducted in 7 the state in which a ballot proposal is on the ballot. Not later than 8 January thirty-first of each year, the state board shall fix and 9 announce the dates for all deadlines provided for by this title. 10 § 7-304. Contents of ballot pamphlet. Each ballot pamphlet shall 11 contain the following material and no other material. 1. An introductory 12 statement shall be prepared by the state board explaining: 13 (a) The date and hours during which the polls will be open for the 14 general election; 15 (b) Voter qualification requirements in New York state; 16 (c) When, where, and how to register to vote; 17 (d) When, where and how absentee ballots are obtained and used; 18 (e) Instructions on how to vote, including the use of affidavit 19 ballots; and 20 (f) Any other general information on voting deemed necessary or useful 21 to the electorate or otherwise consistent with the goals of this article 22 by the state board. 23 2. The following statement, printed in boldface type, shall follow the 24 introductory statement and precede materials related to ballot 25 proposals: 26 IMPORTANT: This pamphlet contains information only on proposals which 27 will be on the ballot statewide. There may also be proposals of local 28 interest on the ballot in your community. For information on these 29 proposals, contact your local board of elections and see your local 30 newspaper. The arguments for and against the proposals do not consti- 31 tute endorsement by the State of New York, nor does the State certify 32 the accuracy or truth of any statement made in those materials. 33 3. Materials shall be prepared for each ballot proposal to be submit- 34 ted to a statewide vote at the general election. Such materials shall be 35 prepared as prescribed in section 7-306 of this title, and shall include 36 the following: 37 (a) A true copy of the form of the ballot proposal, as it will appear 38 on the ballot, set out in boldface or italic type at the top of the 39 page; 40 (b) A concise, impartial, and understandable explanation, not to 41 exceed five hundred words, stating the nature and effect of the ballot 42 proposal; 43 (c) A statement not to exceed three hundred words, of the major argu- 44 ments for its passage, clearly labelled as such; 45 (d) A statement not to exceed three hundred words, of the major argu- 46 ments against its passage, clearly labelled as such; 47 (e) The full text of the ballot proposal, which shall be printed so as 48 to indicate by the use of italic type the matter if any that would be 49 added to the state constitution of law, and by the use of brackets the 50 matter if any that would be deleted therefrom; 51 (f) An explanation of such use of italic type and brackets, as 52 described in paragraph (e) of this subdivision; and 53 (g) The members of the committee that prepared the materials. 54 § 7-306. Preparation of ballot proposal materials. 1. All materials 55 required by paragraphs (a), (e), (f) and (g) of subdivision three of 56 section 7-304 of this title shall be prepared by the state board ofA. 1116 4 1 elections, and all materials required by paragraphs (b), (c) and (d) of 2 subdivision three of section 7-304 of this title with respect to each 3 ballot proposal, shall be prepared by a separate committee consisting of 4 seven members. The majority leader of the senate shall appoint two 5 members to serve on such committee. The speaker of the assembly shall 6 appoint two members to such committee. The minority leader of the senate 7 and the minority leader of the assembly shall jointly appoint two addi- 8 tional persons to such committee. In making their appointments, the 9 majority and the minority leaders of the senate and the speaker of the 10 assembly and the minority leader of the assembly shall endeavor to 11 create a committee with a broad range of opinions on the measure. The 12 seventh member shall be the attorney general and shall serve as the 13 chairperson of the committee. Vacancies shall be filled in the same 14 manner as the original appointment. Members who are not state officials 15 shall be entitled to actual and necessary expenses incurred in the 16 performance of their duties. 17 2. The state board of elections shall make staff available to assist 18 the committee in carrying out its responsibilities. 19 3. The committee must meet within ten days after each proposition has 20 passed both houses of the legislature to determine who shall be the 21 principal proponents and opponents of each measure. Such principal 22 proponent or opponent may be a member of the committee or any registered 23 voter in the state. 24 4. The committee shall announce with such notice as the state board 25 shall specify, its preliminary draft of the explanatory statement and 26 the arguments opposing and proposing the ballot proposals as provided 27 for in paragraphs (b), (c) and (d) of subdivision three of section 7-304 28 of this title, not later than the date fixed by the state board pursuant 29 to the provisions of section 7-302 of this title. Any person may file 30 with the committee a written statement of suggested changes and all such 31 statements submitted not later than the date fixed by the state board 32 shall be considered by such committee. 33 5. In compliance with paragraphs (c) and (d) of subdivision three of 34 section 7-304 of this title, the committee may select no more than two 35 arguments advanced by proponents and opponents of every measure to be 36 submitted to the voters. If no argument is deemed appropriate for 37 selection, the committee may reserve the responsibility for composition 38 of either or both. In making its selections, the committee shall give 39 priority to arguments advanced by organizations over consideration of 40 arguments advanced by individuals. The state board shall include in the 41 ballot pamphlet on the same page as the printed argument relating to the 42 measure, the name of the organization, if any, advancing the argument 43 and whether the argument supports or opposes the measure. If the commit- 44 tee itself has written the argument, a disclaimer in substantially the 45 same form shall be printed immediately below the argument: 46 The printing of this argument does not constitute an endorsement by 47 the state of New York, nor does the state warrant the accuracy or truth 48 of any statement made in the argument. 49 6. The committee may reject a statement or portions thereof, if it: 50 (a) contains any language that the committee, at its discretion, has 51 construed not to accomplish the goals of this title; 52 (b) contains any language which may not be legally circulated through 53 the mails; or 54 (c) is submitted after the date specified by the board. 55 7. Thereafter, the committee shall make any changes in the materials 56 as it considers proper and shall file the final set of materials withA. 1116 5 1 the state board not later than the date set by such board pursuant to 2 the provisions of section 7-302 of this title. 3 8. The preliminary materials and the final set of materials shall be 4 concurred on and certified by the committee or at least by four of its 5 members. If a member does not concur, a statement shall show only that 6 he dissents and where applicable, that he was appointed as a proponent 7 or opponent of the measure. 8 9. The state board shall certify and make public the final contents of 9 the ballot pamphlet no later than sixty days before the election at 10 which the measure is to appear on the ballot. 11 § 7-308. State immunity. No cause of action shall arise against the 12 state of New York or any agency or employee thereof with respect to such 13 ballot pamphlet except as caused by the negligence or willful acts of 14 the state or of its agents or employees, nor may a cause of action arise 15 against the state of New York or any agency or employee thereof by 16 virtue of statements prepared by any committee constituted under section 17 7-306 of this title. 18 § 7-310. Printing. 1. The state board shall cause the ballot pamphlet 19 to be printed in as legible a manner as possible consistent with the 20 purpose of this title. In the event that the state board determines that 21 the printing of the ballot pamphlet would be more efficient and econom- 22 ical if done by the local boards of elections, the state board is hereby 23 authorized to instruct all boards of elections to print the ballot 24 pamphlet. Should the state board so instruct the boards of elections, it 25 shall promptly reimburse each board for the actual cost of production 26 incurred by said board. 27 2. The state board or the local boards of elections as provided for in 28 subdivision one of this section, shall also prepare and cause to be 29 printed, and distribute to such voters as it deems appropriate, a trans- 30 lation of the ballot pamphlet into Spanish and any other languages 31 required to comply with the Voting Rights Act of 1965, as amended. 32 § 7-312. Distribution. 1. There shall be no charge for single copies 33 of the ballot pamphlet. 34 2. In every general election in which a ballot proposal is on the 35 statewide ballot, the state board shall cause a copy of the ballot 36 pamphlet to be distributed to at least one registered voter in each 37 household. In the event the state board determines that distribution of 38 the ballot pamphlet would be more efficient and economical if done by 39 the local boards of elections, the state board is hereby authorized to 40 instruct all boards of elections to distribute the ballot pamphlet to at 41 least one registered voter in each household. Should the state board so 42 instruct the boards of elections, it shall provide a sufficient number 43 of ballot pamphlets to each board of elections and shall promptly reim- 44 burse each board for the actual cost of postage incurred by said board 45 in distributing the pamphlet provided that said board utilize the lowest 46 feasible postage rate charged by the United States postal service. The 47 distribution of the ballot pamphlets to registered voters or households 48 shall be made between twenty and forty days before the election to which 49 they pertain. 50 3. Sufficient copies shall also be provided to boards of elections to 51 permit each such board to supply five copies to each election district. 52 4. In addition to providing a sufficient number of copies of the 53 pamphlet to comply with subdivisions two and three of this section, the 54 state board shall cause to be printed at least fifty thousand additional 55 copies and provide them to those persons, organizations and other enti- 56 ties that request them, at no charge, provided that the state board mayA. 1116 6 1 impose a charge for bulk orders of greater than five copies and may set 2 limits on the total number of copies that any single individual, organ- 3 ization or other entity may obtain upon request. 4 § 7-314. Authorization to local communities. The legislative bodies of 5 all cities, towns and counties are hereby authorized to enact legis- 6 lation consistent with the provisions of this title which would enable 7 questions, propositions, and issues on the ballot in such cities, towns 8 and counties to be presented to voters by means of a ballot pamphlet. 9 Any such pamphlet may, with the approval of the state board, be mailed 10 together with the statewide ballot pamphlet. The additional expense of 11 preparing, printing and distributing such a pamphlet shall be paid by 12 such city, town or county. 13 § 8. Subdivision 2 of section 16-100 of the election law, as amended 14 by section 4 of part E of chapter 399 of the laws of 2011, is amended to 15 read as follows: 16 2. The county court is vested with jurisdiction to summarily determine 17 any question of law or fact except proceedings as to a nomination or 18 election at a primary election or a nomination at a judicial convention, 19 proceedings as to the casting and canvass of ballots, proceedings for 20 examination or preservation of ballots, proceedings as to the contents 21 of statements on constitutional amendments, questions and propositions 22 and proceedings to enforce the provisions of article fourteen of this 23 chapter. 24 § 9. The election law is amended by adding a new section 16-105 to 25 read as follows: 26 § 16-105. Proceedings as to the content of ballot pamphlets. 1. Any 27 person eligible to vote on any ballot proposal contained in any ballot 28 pamphlet prepared pursuant to title three of article seven of this chap- 29 ter may institute a proceeding as to the factual accuracy of statements 30 on constitutional amendments, questions and propositions. Any such 31 proceeding shall be brought in the supreme court of the state of New 32 York, Albany county. 33 2. A proceeding pursuant to subdivision one of this section must be 34 instituted no later than ten days after the state board certifies the 35 final contents of the ballot pamphlet. If the court finds that the form 36 and contents do not comply with the requirements of article seven of 37 this chapter, or finds by clear and convincing evidence that the 38 language of the pamphlet is false or misleading, it shall order such 39 changes as it deems necessary, provided that any changes so ordered will 40 not substantially interfere with the printing and distribution of the 41 pamphlet as required by law. 42 3. A final order in any proceeding under this section shall be made, 43 if possible, at least fifty days before the general election for which 44 the pamphlet was prepared. 45 § 10. On or before March 1, 2027 the board of elections shall submit a 46 report to the governor and the legislature evaluating the effectiveness 47 of ballot pamphlets as a tool to increase voter awareness, registration 48 and participation. Such report shall include statistics on voter partic- 49 ipation both before and after ballot pamphlets were distributed and 50 findings and recommendations on continuing and improving title III of 51 article 7 of the election law. 52 § 11. This act shall take effect April 1, 2023 and shall expire May 1, 53 2027, when upon such date the provisions of this act shall be deemed 54 repealed.A. 1116 7 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. 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.
