Bill Text: NY A01641 | 2009-2010 | General Assembly | Introduced
Bill Title: 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
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2010-01-06 - referred to election law [A01641 Detail]
Download: New_York-2009-A01641-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1641
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. BING, CYMBROWITZ, REILLY, ROSENTHAL, COLTON,
MILLMAN, CLARK, HOOPER -- Multi-Sponsored by -- M. of A. BOYLAND,
BRENNAN, BROOK-KRASNY, KELLNER, LANCMAN, LIFTON, V. LOPEZ, McENENY,
PERRY, PHEFFER, SEMINERIO, TOWNS, 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2 are REPEALED.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 S 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4 election law are REPEALED and subdivision 3, as added by chapter 234 of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 S 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03081-01-9
A. 1641 2
1 obtained at the board of elections, by any voter.] Such publication
2 shall be in two newspapers published within the county. If the county
3 contains a city or cities, at least one of such newspapers shall be
4 published in the city, or the largest city, if there be more than one.
5 S 4. Subdivision 1 of section 4-128 of the election law, as amended by
6 chapter 91 of the laws of 1992, is amended to read as follows:
7 1. The board of elections of each county shall provide the requisite
8 number of official and facsimile ballots, two cards of instruction to
9 voters in the form prescribed by the state board of elections, FIVE
10 COPIES OF EACH BALLOT PAMPHLET, at least one copy of the instruction
11 booklet for inspectors, distance markers, tally sheets and return
12 blanks, pens, black ink, or ball point pens with black ink, pencils
13 having black lead, envelopes for the ballots of voters whose registra-
14 tion poll records are not in the ledger or whose names are not on the
15 computer generated registration list, envelopes for returns, identifica-
16 tion buttons, badges or emblems for the inspectors and clerks in the
17 form prescribed by the state board of elections and such other articles
18 of stationery as may be necessary for the proper conduct of elections,
19 except that when a town, city or village holds an election not conducted
20 by the board of elections, the clerk of such town, city or village,
21 shall provide such official and facsimile ballots and the necessary
22 blanks, supplies and stationery for such election.
23 S 5. Subdivision 4 of section 5-204 of the election law is REPEALED
24 and subdivisions 3, 5, 6, 7, 8, 9 and 10 are renumbered subdivisions 2,
25 3, 4, 5, 6, 7 and 8.
26 S 6. Subdivision 2 of section 4-117 of the election law is REPEALED
27 and subdivision 3 is renumbered subdivision 2.
28 S 7. Article 7 of the election law is amended by adding a new title 3
29 to read as follows:
30 TITLE III
31 BALLOT PAMPHLET
32 SECTION 7-300. LEGISLATIVE FINDINGS.
33 7-302. STATE BOARD OF ELECTIONS TO PREPARE BALLOT PAMPHLET.
34 7-304. CONTENTS OF BALLOT PAMPHLET.
35 7-306. PREPARATION OF BALLOT PROPOSAL MATERIALS.
36 7-308. STATE IMMUNITY.
37 7-310. PRINTING.
38 7-312. DISTRIBUTION.
39 7-314. AUTHORIZATION TO LOCAL COMMUNITIES.
40 7-316. CANDIDATE BIOGRAPHIES.
41 S 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 CANDIDATES AND ABOUT
44 THE ISSUES APPEARING ON THE BALLOT. THE STATE BOARD OF ELECTIONS SHALL
45 UNDERTAKE ITS RESPONSIBILITIES IN THE MANNER BEST CALCULATED TO, AND ALL
46 THE PROVISIONS HEREIN SHALL BE CONSTRUED SO AS TO ACCOMPLISH THAT GOAL.
47 S 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 ANY YEAR IN WHICH THE MAJORITY OF THE SEATS IN THE ASSEMBLY
52 ARE OPEN TO ELECTION. NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR,
53 THE STATE BOARD SHALL FIX AND ANNOUNCE THE DATES FOR ALL DEADLINES
54 PROVIDED FOR BY THIS TITLE. THE STATE BOARD OF ELECTIONS MAY DELEGATE
55 THIS DUTY TO COUNTY BOARDS OF ELECTIONS TO PREPARE PAMPHLETS FOR THEIR
56 OWN COUNTY.
A. 1641 3
1 S 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 ON CANDIDATES RUNNING
18 FOR ELECTED OFFICE AND ON PROPOSALS WHICH WILL BE ON THE BALLOT STATE-
19 WIDE. THERE MAY ALSO BE PROPOSALS OF LOCAL INTEREST ON THE BALLOT IN
20 YOUR COMMUNITY. FOR INFORMATION ON THESE LOCAL PROPOSALS, CONTACT YOUR
21 LOCAL BOARD OF ELECTIONS AND SEE YOUR LOCAL NEWSPAPER.
22 3. MATERIALS SHALL BE PREPARED FOR EACH BALLOT PROPOSAL TO BE SUBMIT-
23 TED TO A STATEWIDE VOTE AT THE GENERAL ELECTION. SUCH MATERIALS SHALL BE
24 PREPARED AS PRESCRIBED IN SECTION 7-306 OF THIS TITLE, AND SHALL INCLUDE
25 THE FOLLOWING:
26 (A) A TRUE COPY OF THE FORM OF THE BALLOT PROPOSAL, AS IT WILL APPEAR
27 ON THE BALLOT, SET OUT IN BOLDFACE OR ITALIC TYPE AT THE TOP OF THE
28 PAGE;
29 (B) A CONCISE, IMPARTIAL, AND UNDERSTANDABLE EXPLANATION, NOT TO
30 EXCEED FIVE HUNDRED WORDS, STATING THE NATURE AND EFFECT OF THE BALLOT
31 PROPOSAL;
32 (C) THE FULL TEXT OF THE BALLOT PROPOSAL, WHICH SHALL BE PRINTED SO AS
33 TO INDICATE BY THE USE OF ITALIC TYPE THE MATTER IF ANY THAT WOULD BE
34 ADDED TO THE STATE CONSTITUTION OF LAW, AND BY THE USE OF BRACKETS THE
35 MATTER IF ANY THAT WOULD BE DELETED THEREFROM; AND
36 (D) AN EXPLANATION OF SUCH USE OF ITALIC TYPE AND BRACKETS, AS
37 DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
38 4. CANDIDATE BIOGRAPHY INFORMATION OBTAINED PURSUANT TO SECTION 7-316
39 OF THIS TITLE.
40 5. A CLEAR AND LEGIBLE STATEMENT INFORMING INDIVIDUALS THAT THEY MAY
41 ACCESS CANDIDATE BIOGRAPHY INFORMATION ON THE BOARD'S WEBSITE AND
42 INCLUDE THE ADDRESS OF SUCH WEBSITE.
43 S 7-306. PREPARATION OF BALLOT PROPOSAL MATERIALS. 1. ALL MATERIALS
44 REQUIRED BY SUBDIVISION THREE OF SECTION 7-304 OF THIS TITLE SHALL BE
45 PREPARED BY THE STATE BOARD OF ELECTIONS.
46 2. THE STATE BOARD SHALL CERTIFY AND MAKE PUBLIC THE FINAL CONTENTS OF
47 THE BALLOT PAMPHLET NO LATER THAN SIXTY DAYS BEFORE THE ELECTION AT
48 WHICH THE MEASURE IS TO APPEAR ON THE BALLOT.
49 S 7-308. STATE IMMUNITY. NO CAUSE OF ACTION SHALL ARISE AGAINST THE
50 STATE OF NEW YORK OR ANY AGENCY OR EMPLOYEE THEREOF WITH RESPECT TO SUCH
51 BALLOT PAMPHLET EXCEPT AS CAUSED BY THE NEGLIGENCE OR WILLFUL ACTS OF
52 THE STATE OR OF ITS AGENTS OR EMPLOYEES.
53 S 7-310. PRINTING. 1. THE STATE BOARD SHALL CAUSE THE BALLOT PAMPHLET
54 TO BE PRINTED IN AS LEGIBLE A MANNER AS POSSIBLE CONSISTENT WITH THE
55 PURPOSE OF THIS TITLE. IN THE EVENT THAT THE STATE BOARD DETERMINES THAT
56 THE PRINTING OF THE BALLOT PAMPHLET WOULD BE MORE EFFICIENT AND ECONOM-
A. 1641 4
1 ICAL IF DONE BY THE LOCAL BOARDS OF ELECTIONS, THE STATE BOARD IS HEREBY
2 AUTHORIZED TO INSTRUCT ALL BOARDS OF ELECTIONS TO PRINT THE BALLOT
3 PAMPHLET. SHOULD THE STATE BOARD SO INSTRUCT THE BOARDS OF ELECTIONS, IT
4 SHALL PROMPTLY REIMBURSE EACH BOARD FOR THE ACTUAL COST OF PRODUCTION
5 INCURRED BY SAID BOARD.
6 2. THE STATE BOARD OR THE LOCAL BOARDS OF ELECTIONS AS PROVIDED FOR IN
7 SUBDIVISION ONE OF THIS SECTION, SHALL ALSO PREPARE AND CAUSE TO BE
8 PRINTED, AND DISTRIBUTE TO SUCH VOTERS AS IT DEEMS APPROPRIATE, A TRANS-
9 LATION OF THE BALLOT PAMPHLET INTO SPANISH, RUSSIAN, AND ANY OTHER
10 LANGUAGES REQUIRED TO COMPLY WITH THE VOTING RIGHTS ACT OF 1965, AS
11 AMENDED.
12 S 7-312. DISTRIBUTION. 1. THERE SHALL BE NO CHARGE FOR SINGLE COPIES
13 OF THE BALLOT PAMPHLET.
14 2. IN ADDITION TO THE REQUIREMENTS OF SECTION 7-300 OF THIS TITLE, IN
15 EVERY GENERAL ELECTION IN WHICH A BALLOT PROPOSAL IS ON THE STATEWIDE
16 BALLOT, THE STATE BOARD SHALL CAUSE A COPY OF THE BALLOT PAMPHLET TO BE
17 DISTRIBUTED TO AT LEAST ONE REGISTERED VOTER IN EACH HOUSEHOLD. IN THE
18 EVENT THE STATE BOARD DETERMINES THAT DISTRIBUTION OF THE BALLOT
19 PAMPHLET WOULD BE MORE EFFICIENT AND ECONOMICAL IF DONE BY THE LOCAL
20 BOARDS OF ELECTIONS, THE STATE BOARD IS HEREBY AUTHORIZED TO INSTRUCT
21 ALL BOARDS OF ELECTIONS TO DISTRIBUTE THE BALLOT PAMPHLET TO AT LEAST
22 ONE REGISTERED VOTER IN EACH HOUSEHOLD. SHOULD THE STATE BOARD SO
23 INSTRUCT THE BOARDS OF ELECTIONS, IT SHALL PROVIDE A SUFFICIENT NUMBER
24 OF BALLOT PAMPHLETS TO EACH BOARD OF ELECTIONS AND SHALL PROMPTLY REIM-
25 BURSE EACH BOARD FOR THE ACTUAL COST OF POSTAGE INCURRED BY SAID BOARD
26 IN DISTRIBUTING THE PAMPHLET PROVIDED THAT SAID BOARD UTILIZE THE LOWEST
27 FEASIBLE POSTAGE RATE CHARGED BY THE UNITED STATES POSTAL SERVICE. THE
28 DISTRIBUTION OF THE BALLOT PAMPHLETS TO REGISTERED VOTERS OR HOUSEHOLDS
29 SHALL BE MADE BETWEEN TWENTY AND FORTY DAYS BEFORE THE ELECTION TO WHICH
30 THEY PERTAIN.
31 3. SUFFICIENT COPIES SHALL ALSO BE PROVIDED TO BOARDS OF ELECTIONS TO
32 PERMIT EACH SUCH BOARD TO SUPPLY FIVE COPIES TO EACH ELECTION DISTRICT.
33 4. IN ADDITION TO PROVIDING A SUFFICIENT NUMBER OF COPIES OF THE
34 PAMPHLET TO COMPLY WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION, THE
35 STATE BOARD SHALL CAUSE TO BE PRINTED AT LEAST FIFTY THOUSAND ADDITIONAL
36 COPIES AND PROVIDE THEM TO THOSE PERSONS, ORGANIZATIONS AND OTHER ENTI-
37 TIES THAT REQUEST THEM, AT NO CHARGE, PROVIDED THAT THE STATE BOARD MAY
38 IMPOSE A CHARGE FOR BULK ORDERS OF GREATER THAN FIVE COPIES AND MAY SET
39 LIMITS ON THE TOTAL NUMBER OF COPIES THAT ANY SINGLE INDIVIDUAL, ORGAN-
40 IZATION OR OTHER ENTITY MAY OBTAIN UPON REQUEST.
41 5. IN ADDITION TO ALL PRINTED MATERIALS, THE BOARD SHALL HAVE A COPY
42 OF THE PAMPHLET AVAILABLE ON ITS WEBSITE IN A PRINTER-FRIENDLY FORMAT.
43 S 7-314. AUTHORIZATION TO LOCAL COMMUNITIES. THE LEGISLATIVE BODIES OF
44 ALL CITIES, TOWNS AND COUNTIES ARE HEREBY AUTHORIZED TO ENACT LEGIS-
45 LATION CONSISTENT WITH THE PROVISIONS OF THIS TITLE WHICH WOULD ENABLE
46 QUESTIONS, PROPOSITIONS, AND ISSUES ON THE BALLOT IN SUCH CITIES, TOWNS
47 AND COUNTIES TO BE PRESENTED TO VOTERS BY MEANS OF A BALLOT PAMPHLET.
48 ANY SUCH PAMPHLET MAY, WITH THE APPROVAL OF THE STATE BOARD, BE MAILED
49 TOGETHER WITH THE STATEWIDE BALLOT PAMPHLET. THE ADDITIONAL EXPENSE OF
50 PREPARING, PRINTING AND DISTRIBUTING SUCH A PAMPHLET SHALL BE PAID BY
51 SUCH CITY, TOWN OR COUNTY.
52 S 7-316. CANDIDATE BIOGRAPHIES. 1. ANY CANDIDATE SEEKING NOMINATION OR
53 ELECTION AT THE NEXT GENERAL ELECTION TO ANY PUBLIC OFFICE, OR A DESIG-
54 NATED AGENT ACTING ON BEHALF OF SUCH CANDIDATE, MAY, AT LEAST EIGHT
55 WEEKS PRIOR TO THE GENERAL ELECTION, FILE WITH THE BOARD OF ELECTIONS
56 WITH WHICH NOMINATING AND DESIGNATING PETITIONS AND CERTIFICATES FOR
A. 1641 5
1 SUCH OFFICE ARE FILED PURSUANT TO SECTION 6-144 OF THIS CHAPTER A SWORN
2 STATEMENT SETTING FORTH THE CANDIDATE'S OCCUPATION, EDUCATIONAL AND
3 OCCUPATIONAL BACKGROUND, PRIOR GOVERNMENTAL EXPERIENCE, AND ANY OTHER
4 PERSONAL BACKGROUND OR EXPERIENCE THAT THE CANDIDATE DEEMS RELEVANT TO
5 THE ELECTION CAMPAIGN.
6 2. THE STATE BOARD OF ELECTIONS SHALL, BY REGULATION, ESTABLISH THE
7 FORMAT AND LENGTH OF THE STATEMENT AUTHORIZED UNDER THIS SECTION AND
8 SHALL PROVIDE TO CANDIDATES A STANDARDIZED FORM FOR PREPARING SUCH
9 STATEMENT.
10 3. WITHIN FIVE DAYS AFTER THE LAST DAY FOR FILING STATEMENTS UNDER
11 THIS SECTION, ALL LOCAL BOARDS OF ELECTIONS SHALL FORWARD ALL SUCH
12 CANDIDATE BIOGRAPHIES TO THE STATE BOARD OF ELECTIONS IN ELECTRONIC FORM
13 IN A MANNER TO BE PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
14 4. WITHIN FIVE DAYS OF RECEIPT OF ANY CANDIDATE BIOGRAPHIES FROM THE
15 LOCAL BOARDS OF ELECTIONS, THE STATE BOARD OF ELECTIONS SHALL CAUSE ALL
16 SUCH INFORMATION CONTAINED IN SAID CANDIDATE BIOGRAPHIES TO BE MADE
17 AVAILABLE AT ALL TIMES ON THE STATE BOARD OF ELECTIONS WEBSITE UNTIL ONE
18 DAY AFTER THE ELECTION.
19 5. THE STATE BOARD OF ELECTIONS SHALL INCORPORATE ALL THE INFORMATION
20 IT RECEIVES INTO THE PAMPHLET AS AUTHORIZED PURSUANT TO SUBDIVISION FOUR
21 OF SECTION 7-304 OF THIS TITLE.
22 6. IN THE EVENT THAT ANY CANDIDATE BIOGRAPHIES RECEIVED BY THE STATE
23 BOARD OF ELECTIONS, FROM ANY LOCAL BOARD OF ELECTIONS, IS NOT IN ELEC-
24 TRONIC FORM, THE STATE BOARD OF ELECTIONS SHALL, WITHIN TEN DAYS AFTER
25 RECEIPT OF SUCH CANDIDATE BIOGRAPHY, CONVERT SUCH CANDIDATE BIOGRAPHY TO
26 ELECTRONIC FORM, AND CAUSE SAID CANDIDATE INFORMATION TO BE MADE AVAIL-
27 ABLE AT ALL TIMES ON THE STATE BOARD OF ELECTIONS WEBSITE UNTIL ONE DAY
28 AFTER THE ELECTION.
29 S 8. Subdivision 2 of section 16-100 of the election law is amended to
30 read as follows:
31 2. The county court is vested with jurisdiction to summarily deter-
32 mine any question of law or fact except proceedings as to a nomination
33 or election at a primary election or a nomination at a judicial conven-
34 tion, proceedings as to the casting and canvass of ballots [and],
35 proceedings for examination or preservation of ballots AND PROCEEDINGS
36 AS TO THE CONTENTS OF STATEMENTS ON CONSTITUTIONAL AMENDMENTS, QUESTIONS
37 AND PROPOSITIONS.
38 S 9. On or before March 1, 2015 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 3 of
44 article 7 of the election law.
45 S 10. This act shall take effect April 1, 2011 and shall expire May 1,
46 2015, 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 such 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 such 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. 1641 6
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 such law, proposed to be repealed by
this act, provides for mailing copies of proposed constitutional amend-
ments and questions to registered voters.
