S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   957

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. CAHILL, DINOWITZ, BROOK-KRASNY -- Multi-Sponsored
  by  -- M. of A.  BRENNAN, COLTON, GALEF, JACOBS, JOHN, KOON, P. LOPEZ,
  McENENY, REILLY, SEMINERIO, 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:

  Section  1.  Subdivisions 2 and 3 of section 4-116 of the election law
are REPEALED.
  S 2. Paragraphs c and d of subdivision  1  of  section  4-108  of  the
election  law are REPEALED and subdivision 3, as added by chapter 234 of
the laws of 1976, is amended to read as follows:
  3. The attorney general  shall  advise  in  the  preparation  of  such
[abstract and such] form of submission.
  S  3.  The  opening paragraph of subdivision 1 of section 4-120 of the
election law, as amended by chapter 359 of the laws of 1989, is  amended
to read as follows:
  The  board  of  elections  shall publish once in each of the two weeks
preceding a general election, or a special or village election conducted
by the board of elections, a notice specifying the day of the  election,
and  the public officers to be voted for within such county, or any part
thereof at such election. [If constitutional  amendments,  or  questions
are  to  be submitted to the voters of the state, the notice shall state
that fact and that a copy of each such  amendment  or  question  may  be
obtained  at  the  board  of  elections, by any voter.] Such publication

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00648-01-9

A. 957                              2

shall be in two newspapers published within the county.   If the  county
contains  a  city  or  cities,  at least one of such newspapers shall be
published in the city, or the largest city, if there be more than one.
  S 4. Subdivision 1 of section 4-128 of the election law, as amended by
chapter 91 of the laws of 1992, is amended to read as follows:
  1.  The  board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards  of  instruction  to
voters  in  the  form  prescribed  by the state board of elections, FIVE
COPIES OF EACH BALLOT PAMPHLET, at least one  copy  of  the  instruction
booklet  for  inspectors,  distance  markers,  tally  sheets  and return
blanks, pens, black ink, or ball point  pens  with  black  ink,  pencils
having  black  lead, envelopes for the ballots of voters whose registra-
tion poll records are not in the ledger or whose names are  not  on  the
computer generated registration list, envelopes for returns, identifica-
tion  buttons,  badges  or  emblems for the inspectors and clerks in the
form prescribed by the state board of elections and such other  articles
of  stationery  as may be necessary for the proper conduct of elections,
except that when a town, city or village holds an election not conducted
by the board of elections, the clerk of  such  town,  city  or  village,
shall  provide  such  official  and  facsimile ballots and the necessary
blanks, supplies and stationery for such election.
  S 5. Subdivision 4 of section 5-204 of the election  law  is  REPEALED
and  subdivisions 3, 5, 6, 7, 8, 9 and 10 are renumbered subdivisions 2,
3, 4, 5, 6, 7 and 8.
  S 6. Subdivision 2 of section 4-117 of the election  law  is  REPEALED
and subdivision 3 is renumbered subdivision 2.
  S 7. Article 7  of the election law is amended by adding a new title 3
to read as follows:
                                TITLE III
                             BALLOT PAMPHLET
SECTION 7-300. LEGISLATIVE FINDINGS.
        7-302. STATE BOARD OF ELECTIONS TO PREPARE BALLOT PAMPHLET.
        7-304. CONTENTS OF BALLOT PAMPHLET.
        7-306. PREPARATION OF BALLOT PROPOSAL MATERIALS.
        7-308. STATE IMMUNITY.
        7-310. PRINTING.
        7-312. DISTRIBUTION.
        7-314. AUTHORIZATION TO LOCAL COMMUNITIES.
  S  7-300.  LEGISLATIVE  FINDINGS.  THE  LEGISLATURE  HEREBY  FINDS AND
DECLARES THAT THE PURPOSE OF THIS TITLE AND OF THE BALLOT PAMPHLET IS TO
FULLY AND FAIRLY INFORM THE ELECTORATE ABOUT THE ISSUES APPEARING ON THE
BALLOT. THE STATE BOARD OF ELECTIONS SHALL  UNDERTAKE  ITS  RESPONSIBIL-
ITIES  IN  THE  MANNER BEST CALCULATED TO, AND ALL THE PROVISIONS HEREIN
SHALL BE CONSTRUED SO AS TO ACCOMPLISH THAT GOAL.
  S 7-302. STATE BOARD OF ELECTIONS TO PREPARE BALLOT PAMPHLET. IT SHALL
BE THE DUTY OF THE STATE BOARD OF ELECTIONS, HEREINAFTER REFERRED TO  AS
THE  STATE  BOARD,  TO  PREPARE AND DISTRIBUTE A BALLOT PAMPHLET, IN THE
MANNER SET OUT IN THIS TITLE, FOR EVERY GENERAL  ELECTION  CONDUCTED  IN
THE  STATE  IN  WHICH A BALLOT PROPOSAL IS ON THE BALLOT. NOT LATER THAN
JANUARY THIRTY-FIRST OF  EACH  YEAR,  THE  STATE  BOARD  SHALL  FIX  AND
ANNOUNCE THE DATES FOR ALL DEADLINES PROVIDED FOR BY THIS TITLE.
  S  7-304.  CONTENTS  OF  BALLOT  PAMPHLET.  EACH BALLOT PAMPHLET SHALL
CONTAIN THE FOLLOWING MATERIAL AND NO OTHER MATERIAL. 1. AN INTRODUCTORY
STATEMENT SHALL BE PREPARED BY THE STATE BOARD EXPLAINING:
  (A) THE DATE AND HOURS DURING WHICH THE POLLS WILL  BE  OPEN  FOR  THE
GENERAL ELECTION;

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  (B) VOTER QUALIFICATION REQUIREMENTS IN NEW YORK STATE;
  (C) WHEN, WHERE, AND HOW TO REGISTER TO VOTE;
  (D) WHEN, WHERE AND HOW ABSENTEE BALLOTS ARE OBTAINED AND USED;
  (E)  INSTRUCTIONS  ON  HOW  TO  VOTE,  INCLUDING  THE USE OF AFFIDAVIT
BALLOTS; AND
  (F) ANY OTHER GENERAL INFORMATION ON VOTING DEEMED NECESSARY OR USEFUL
TO THE ELECTORATE OR OTHERWISE CONSISTENT WITH THE GOALS OF THIS ARTICLE
BY THE STATE BOARD.
  2. THE FOLLOWING STATEMENT, PRINTED IN BOLDFACE TYPE, SHALL FOLLOW THE
INTRODUCTORY  STATEMENT  AND  PRECEDE  MATERIALS   RELATED   TO   BALLOT
PROPOSALS:
  IMPORTANT:  THIS PAMPHLET CONTAINS INFORMATION ONLY ON PROPOSALS WHICH
WILL BE ON THE BALLOT STATEWIDE. THERE MAY ALSO BE  PROPOSALS  OF  LOCAL
INTEREST  ON  THE  BALLOT  IN  YOUR  COMMUNITY. FOR INFORMATION ON THESE
PROPOSALS, CONTACT YOUR LOCAL BOARD OF  ELECTIONS  AND  SEE  YOUR  LOCAL
NEWSPAPER.    THE ARGUMENTS FOR AND AGAINST THE PROPOSALS DO NOT CONSTI-
TUTE ENDORSEMENT BY THE STATE OF NEW YORK, NOR DOES  THE  STATE  CERTIFY
THE ACCURACY OR TRUTH OF ANY STATEMENT MADE IN THOSE MATERIALS.
  3.  MATERIALS SHALL BE PREPARED FOR EACH BALLOT PROPOSAL TO BE SUBMIT-
TED TO A STATEWIDE VOTE AT THE GENERAL ELECTION. SUCH MATERIALS SHALL BE
PREPARED AS PRESCRIBED IN SECTION 7-306 OF THIS TITLE, AND SHALL INCLUDE
THE FOLLOWING:
  (A) A TRUE COPY OF THE FORM OF THE BALLOT PROPOSAL, AS IT WILL  APPEAR
ON  THE  BALLOT,  SET  OUT  IN BOLDFACE OR ITALIC TYPE AT THE TOP OF THE
PAGE;
  (B) A CONCISE,  IMPARTIAL,  AND  UNDERSTANDABLE  EXPLANATION,  NOT  TO
EXCEED  FIVE  HUNDRED WORDS, STATING THE NATURE AND EFFECT OF THE BALLOT
PROPOSAL;
  (C) A STATEMENT NOT TO EXCEED THREE HUNDRED WORDS, OF THE MAJOR  ARGU-
MENTS FOR ITS PASSAGE, CLEARLY LABELLED AS SUCH;
  (D)  A STATEMENT NOT TO EXCEED THREE HUNDRED WORDS, OF THE MAJOR ARGU-
MENTS AGAINST ITS PASSAGE, CLEARLY LABELLED AS SUCH;
  (E) THE FULL TEXT OF THE BALLOT PROPOSAL, WHICH SHALL BE PRINTED SO AS
TO INDICATE BY THE USE OF ITALIC TYPE THE MATTER IF ANY  THAT  WOULD  BE
ADDED  TO  THE STATE CONSTITUTION OF LAW, AND BY THE USE OF BRACKETS THE
MATTER IF ANY THAT WOULD BE DELETED THEREFROM;
  (F) AN EXPLANATION OF  SUCH  USE  OF  ITALIC  TYPE  AND  BRACKETS,  AS
DESCRIBED IN PARAGRAPH (E) OF THIS SUBDIVISION; AND
  (G) THE MEMBERS OF THE COMMITTEE THAT PREPARED THE MATERIALS.
  S  7-306.  PREPARATION  OF BALLOT PROPOSAL MATERIALS. 1. ALL MATERIALS
REQUIRED BY PARAGRAPHS (A), (E), (F) AND (G)  OF  SUBDIVISION  THREE  OF
SECTION  7-304  OF  THIS  TITLE  SHALL BE PREPARED BY THE STATE BOARD OF
ELECTIONS, AND ALL MATERIALS REQUIRED BY PARAGRAPHS (B), (C) AND (D)  OF
SUBDIVISION  THREE  OF  SECTION 7-304 OF THIS TITLE WITH RESPECT TO EACH
BALLOT PROPOSAL, SHALL BE PREPARED BY A SEPARATE COMMITTEE CONSISTING OF
SEVEN MEMBERS. THE MAJORITY LEADER  OF  THE  SENATE  SHALL  APPOINT  TWO
MEMBERS  TO  SERVE ON SUCH COMMITTEE.  THE SPEAKER OF THE ASSEMBLY SHALL
APPOINT TWO MEMBERS TO SUCH COMMITTEE. THE MINORITY LEADER OF THE SENATE
AND THE MINORITY LEADER OF THE ASSEMBLY SHALL JOINTLY APPOINT TWO  ADDI-
TIONAL  PERSONS  TO  SUCH  COMMITTEE.  IN MAKING THEIR APPOINTMENTS, THE
MAJORITY AND THE MINORITY LEADERS OF THE SENATE AND THE SPEAKER  OF  THE
ASSEMBLY  AND  THE  MINORITY  LEADER  OF  THE ASSEMBLY SHALL ENDEAVOR TO
CREATE A COMMITTEE WITH A BROAD RANGE OF OPINIONS ON  THE  MEASURE.  THE
SEVENTH  MEMBER  SHALL  BE  THE  ATTORNEY GENERAL AND SHALL SERVE AS THE
CHAIRPERSON OF THE COMMITTEE. VACANCIES SHALL  BE  FILLED  IN  THE  SAME
MANNER  AS THE ORIGINAL APPOINTMENT. MEMBERS WHO ARE NOT STATE OFFICIALS

A. 957                              4

SHALL BE ENTITLED TO ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES.
  2.  THE  STATE BOARD OF ELECTIONS SHALL MAKE STAFF AVAILABLE TO ASSIST
THE COMMITTEE IN CARRYING OUT ITS RESPONSIBILITIES.
  3. THE COMMITTEE MUST MEET WITHIN TEN DAYS AFTER EACH PROPOSITION  HAS
PASSED  BOTH  HOUSES  OF  THE  LEGISLATURE TO DETERMINE WHO SHALL BE THE
PRINCIPAL PROPONENTS AND  OPPONENTS  OF  EACH  MEASURE.  SUCH  PRINCIPAL
PROPONENT OR OPPONENT MAY BE A MEMBER OF THE COMMITTEE OR ANY REGISTERED
VOTER IN THE STATE.
  4.  THE  COMMITTEE  SHALL ANNOUNCE WITH SUCH NOTICE AS THE STATE BOARD
SHALL SPECIFY, ITS PRELIMINARY DRAFT OF THE  EXPLANATORY  STATEMENT  AND
THE  ARGUMENTS  OPPOSING  AND PROPOSING THE BALLOT PROPOSALS AS PROVIDED
FOR IN PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION THREE OF SECTION 7-304
OF THIS TITLE, NOT LATER THAN THE DATE FIXED BY THE STATE BOARD PURSUANT
TO THE PROVISIONS OF SECTION 7-302 OF THIS TITLE. ANY  PERSON  MAY  FILE
WITH THE COMMITTEE A WRITTEN STATEMENT OF SUGGESTED CHANGES AND ALL SUCH
STATEMENTS  SUBMITTED  NOT  LATER THAN THE DATE FIXED BY THE STATE BOARD
SHALL BE CONSIDERED BY SUCH COMMITTEE.
  5. IN COMPLIANCE WITH PARAGRAPHS (C) AND (D) OF SUBDIVISION  THREE  OF
SECTION  7-304  OF THIS TITLE, THE COMMITTEE MAY SELECT NO MORE THAN TWO
ARGUMENTS ADVANCED BY PROPONENTS AND OPPONENTS OF EVERY  MEASURE  TO  BE
SUBMITTED  TO  THE  VOTERS.  IF  NO  ARGUMENT  IS DEEMED APPROPRIATE FOR
SELECTION, THE COMMITTEE MAY RESERVE THE RESPONSIBILITY FOR  COMPOSITION
OF  EITHER  OR  BOTH. IN MAKING ITS SELECTIONS, THE COMMITTEE SHALL GIVE
PRIORITY TO ARGUMENTS ADVANCED BY ORGANIZATIONS  OVER  CONSIDERATION  OF
ARGUMENTS  ADVANCED BY INDIVIDUALS. THE STATE BOARD SHALL INCLUDE IN THE
BALLOT PAMPHLET ON THE SAME PAGE AS THE PRINTED ARGUMENT RELATING TO THE
MEASURE, THE NAME OF THE ORGANIZATION, IF ANY,  ADVANCING  THE  ARGUMENT
AND WHETHER THE ARGUMENT SUPPORTS OR OPPOSES THE MEASURE. IF THE COMMIT-
TEE  ITSELF  HAS WRITTEN THE ARGUMENT, A DISCLAIMER IN SUBSTANTIALLY THE
SAME FORM SHALL BE PRINTED IMMEDIATELY BELOW THE ARGUMENT:
  THE PRINTING OF THIS ARGUMENT DOES NOT CONSTITUTE  AN  ENDORSEMENT  BY
THE  STATE OF NEW YORK, NOR DOES THE STATE WARRANT THE ACCURACY OR TRUTH
OF ANY STATEMENT MADE IN THE ARGUMENT.
  6. THE COMMITTEE MAY REJECT A STATEMENT OR PORTIONS THEREOF, IF IT:
  (A) CONTAINS ANY LANGUAGE THAT THE COMMITTEE, AT ITS  DISCRETION,  HAS
CONSTRUED NOT TO ACCOMPLISH THE GOALS OF THIS TITLE;
  (B)  CONTAINS ANY LANGUAGE WHICH MAY NOT BE LEGALLY CIRCULATED THROUGH
THE MAILS; OR
  (C) IS SUBMITTED AFTER THE DATE SPECIFIED BY THE BOARD.
  7. THEREAFTER, THE COMMITTEE SHALL MAKE ANY CHANGES IN  THE  MATERIALS
AS  IT  CONSIDERS  PROPER AND SHALL FILE THE FINAL SET OF MATERIALS WITH
THE STATE BOARD NOT LATER THAN THE DATE SET BY SUCH  BOARD  PURSUANT  TO
THE PROVISIONS OF SECTION 7-302 OF THIS TITLE.
  8.  THE  PRELIMINARY MATERIALS AND THE FINAL SET OF MATERIALS SHALL BE
CONCURRED ON AND CERTIFIED BY THE COMMITTEE OR AT LEAST BY FOUR  OF  ITS
MEMBERS.  IF  A MEMBER DOES NOT CONCUR, A STATEMENT SHALL SHOW ONLY THAT
HE DISSENTS AND WHERE APPLICABLE, THAT HE WAS APPOINTED AS  A  PROPONENT
OR OPPONENT OF THE MEASURE.
  9. THE STATE BOARD SHALL CERTIFY AND MAKE PUBLIC THE FINAL CONTENTS OF
THE  BALLOT  PAMPHLET  NO  LATER  THAN SIXTY DAYS BEFORE THE ELECTION AT
WHICH THE MEASURE IS TO APPEAR ON THE BALLOT.
  S 7-308. STATE IMMUNITY. NO CAUSE OF ACTION SHALL  ARISE  AGAINST  THE
STATE OF NEW YORK OR ANY AGENCY OR EMPLOYEE THEREOF WITH RESPECT TO SUCH
BALLOT  PAMPHLET  EXCEPT  AS CAUSED BY THE NEGLIGENCE OR WILLFUL ACTS OF
THE STATE OR OF ITS AGENTS OR EMPLOYEES, NOR MAY A CAUSE OF ACTION ARISE

A. 957                              5

AGAINST THE STATE OF NEW YORK OR  ANY  AGENCY  OR  EMPLOYEE  THEREOF  BY
VIRTUE OF STATEMENTS PREPARED BY ANY COMMITTEE CONSTITUTED UNDER SECTION
7-306 OF THIS TITLE.
  S  7-310. PRINTING. 1. THE STATE BOARD SHALL CAUSE THE BALLOT PAMPHLET
TO BE PRINTED IN AS LEGIBLE A MANNER AS  POSSIBLE  CONSISTENT  WITH  THE
PURPOSE OF THIS TITLE. IN THE EVENT THAT THE STATE BOARD DETERMINES THAT
THE  PRINTING OF THE BALLOT PAMPHLET WOULD BE MORE EFFICIENT AND ECONOM-
ICAL IF DONE BY THE LOCAL BOARDS OF ELECTIONS, THE STATE BOARD IS HEREBY
AUTHORIZED TO INSTRUCT ALL BOARDS  OF  ELECTIONS  TO  PRINT  THE  BALLOT
PAMPHLET. SHOULD THE STATE BOARD SO INSTRUCT THE BOARDS OF ELECTIONS, IT
SHALL  PROMPTLY  REIMBURSE  EACH BOARD FOR THE ACTUAL COST OF PRODUCTION
INCURRED BY SAID BOARD.
  2. THE STATE BOARD OR THE LOCAL BOARDS OF ELECTIONS AS PROVIDED FOR IN
SUBDIVISION ONE OF THIS SECTION, SHALL ALSO  PREPARE  AND  CAUSE  TO  BE
PRINTED, AND DISTRIBUTE TO SUCH VOTERS AS IT DEEMS APPROPRIATE, A TRANS-
LATION  OF  THE  BALLOT  PAMPHLET  INTO  SPANISH AND ANY OTHER LANGUAGES
REQUIRED TO COMPLY WITH THE VOTING RIGHTS ACT OF 1965, AS AMENDED.
  S 7-312. DISTRIBUTION. 1. THERE SHALL BE NO CHARGE FOR  SINGLE  COPIES
OF THE BALLOT PAMPHLET.
  2.  IN  EVERY  GENERAL  ELECTION  IN WHICH A BALLOT PROPOSAL IS ON THE
STATEWIDE BALLOT, THE STATE BOARD SHALL  CAUSE  A  COPY  OF  THE  BALLOT
PAMPHLET  TO  BE  DISTRIBUTED  TO  AT LEAST ONE REGISTERED VOTER IN EACH
HOUSEHOLD. IN THE EVENT THE STATE BOARD DETERMINES THAT DISTRIBUTION  OF
THE  BALLOT  PAMPHLET  WOULD BE MORE EFFICIENT AND ECONOMICAL IF DONE BY
THE LOCAL BOARDS OF ELECTIONS, THE STATE BOARD IS HEREBY  AUTHORIZED  TO
INSTRUCT ALL BOARDS OF ELECTIONS TO DISTRIBUTE THE BALLOT PAMPHLET TO AT
LEAST  ONE REGISTERED VOTER IN EACH HOUSEHOLD. SHOULD THE STATE BOARD SO
INSTRUCT THE BOARDS OF ELECTIONS, IT SHALL PROVIDE A  SUFFICIENT  NUMBER
OF  BALLOT PAMPHLETS TO EACH BOARD OF ELECTIONS AND SHALL PROMPTLY REIM-
BURSE EACH BOARD FOR THE ACTUAL COST OF POSTAGE INCURRED BY  SAID  BOARD
IN DISTRIBUTING THE PAMPHLET PROVIDED THAT SAID BOARD UTILIZE THE LOWEST
FEASIBLE  POSTAGE  RATE CHARGED BY THE UNITED STATES POSTAL SERVICE. THE
DISTRIBUTION OF THE BALLOT PAMPHLETS TO REGISTERED VOTERS OR  HOUSEHOLDS
SHALL BE MADE BETWEEN TWENTY AND FORTY DAYS BEFORE THE ELECTION TO WHICH
THEY PERTAIN.
  3.  SUFFICIENT COPIES SHALL ALSO BE PROVIDED TO BOARDS OF ELECTIONS TO
PERMIT EACH SUCH BOARD TO SUPPLY FIVE COPIES TO EACH ELECTION DISTRICT.
  4. IN ADDITION TO PROVIDING A  SUFFICIENT  NUMBER  OF  COPIES  OF  THE
PAMPHLET  TO COMPLY WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION, THE
STATE BOARD SHALL CAUSE TO BE PRINTED AT LEAST FIFTY THOUSAND ADDITIONAL
COPIES AND PROVIDE THEM TO THOSE PERSONS, ORGANIZATIONS AND OTHER  ENTI-
TIES  THAT REQUEST THEM, AT NO CHARGE, PROVIDED THAT THE STATE BOARD MAY
IMPOSE A CHARGE FOR BULK ORDERS OF GREATER THAN FIVE COPIES AND MAY  SET
LIMITS  ON THE TOTAL NUMBER OF COPIES THAT ANY SINGLE INDIVIDUAL, ORGAN-
IZATION OR OTHER ENTITY MAY OBTAIN UPON REQUEST.
  S 7-314. AUTHORIZATION TO LOCAL COMMUNITIES. THE LEGISLATIVE BODIES OF
ALL CITIES, TOWNS AND COUNTIES ARE HEREBY  AUTHORIZED  TO  ENACT  LEGIS-
LATION  CONSISTENT  WITH THE PROVISIONS OF THIS TITLE WHICH WOULD ENABLE
QUESTIONS, PROPOSITIONS, AND ISSUES ON THE BALLOT IN SUCH CITIES,  TOWNS
AND  COUNTIES  TO  BE PRESENTED TO VOTERS BY MEANS OF A BALLOT PAMPHLET.
ANY SUCH PAMPHLET MAY, WITH THE APPROVAL OF THE STATE BOARD,  BE  MAILED
TOGETHER  WITH  THE STATEWIDE BALLOT PAMPHLET. THE ADDITIONAL EXPENSE OF
PREPARING, PRINTING AND DISTRIBUTING SUCH A PAMPHLET SHALL  BE  PAID  BY
SUCH CITY, TOWN OR COUNTY.
  S 8. Subdivision 2 of section 16-100 of the election law is amended to
read as follows:

A. 957                              6

  2.    The county court is vested with jurisdiction to summarily deter-
mine any question of law or fact except proceedings as to  a  nomination
or  election at a primary election or a nomination at a judicial conven-
tion, proceedings as to  the  casting  and  canvass  of  ballots  [and],
proceedings  for  examination or preservation of ballots AND PROCEEDINGS
AS TO THE CONTENTS OF STATEMENTS ON CONSTITUTIONAL AMENDMENTS, QUESTIONS
AND PROPOSITIONS.
  S 9. The election law is amended by adding a  new  section  16-105  to
read as follows:
  S  16-105.  PROCEEDINGS AS TO THE CONTENT OF BALLOT PAMPHLETS. 1.  ANY
PERSON ELIGIBLE TO VOTE ON ANY BALLOT PROPOSAL CONTAINED IN  ANY  BALLOT
PAMPHLET PREPARED PURSUANT TO TITLE THREE OF ARTICLE SEVEN OF THIS CHAP-
TER  MAY INSTITUTE A PROCEEDING AS TO THE FACTUAL ACCURACY OF STATEMENTS
ON CONSTITUTIONAL  AMENDMENTS,  QUESTIONS  AND  PROPOSITIONS.  ANY  SUCH
PROCEEDING  SHALL  BE  BROUGHT  IN THE SUPREME COURT OF THE STATE OF NEW
YORK, ALBANY COUNTY.
  2. A PROCEEDING PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  MUST  BE
INSTITUTED  NO  LATER  THAN TEN DAYS AFTER THE STATE BOARD CERTIFIES THE
FINAL CONTENTS OF THE BALLOT PAMPHLET. IF THE COURT FINDS THAT THE  FORM
AND  CONTENTS  DO  NOT  COMPLY WITH THE REQUIREMENTS OF ARTICLE SEVEN OF
THIS CHAPTER, OR  FINDS  BY  CLEAR  AND  CONVINCING  EVIDENCE  THAT  THE
LANGUAGE  OF  THE  PAMPHLET  IS FALSE OR MISLEADING, IT SHALL ORDER SUCH
CHANGES AS IT DEEMS NECESSARY, PROVIDED THAT ANY CHANGES SO ORDERED WILL
NOT SUBSTANTIALLY INTERFERE WITH THE PRINTING AND  DISTRIBUTION  OF  THE
PAMPHLET AS REQUIRED BY LAW.
  3.  A  FINAL ORDER IN ANY PROCEEDING UNDER THIS SECTION SHALL BE MADE,
IF POSSIBLE, AT LEAST FIFTY DAYS BEFORE THE GENERAL ELECTION  FOR  WHICH
THE PAMPHLET WAS PREPARED.
  S 10. On or before March 1, 2015 the board of elections shall submit a
report  to the governor and the legislature evaluating the effectiveness
of ballot pamphlets as a tool to increase voter awareness,  registration
and participation. Such report shall include statistics on voter partic-
ipation  both  before  and  after  ballot pamphlets were distributed and
findings and recommendations on continuing and improving  title  III  of
article 7 of the election law.
  S 11. This act shall take effect April 1, 2011 and shall expire May 1,
2015,  when  upon  such  date the provisions of this act shall be deemed
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.
  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.