S T A T E O F N E W Y O R K
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234
2011-2012 Regular Sessions
I N A S S E M B L Y
(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:
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are REPEALED.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election law are REPEALED and subdivision 3, as added by chapter 234 of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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01027-01-1
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S 4. Subdivision 1 of section 4-128 of the election law, as amended by
chapter 489 of the laws of 2009, 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, a sufficient number of maps, street finders or
other descriptions of all of the polling places and election districts
within the county in which the polling place is located to enable the
election inspectors and poll clerks to determine the correct election
district and polling place for each street address within the county in
which the polling place is located, 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
registration poll records are not in the ledger or whose names are not
on the computer generated registration list, envelopes for returns,
identification 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:
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(A) THE DATE AND HOURS DURING WHICH THE POLLS WILL BE OPEN FOR THE
GENERAL ELECTION;
(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
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CHAIRPERSON OF THE COMMITTEE. VACANCIES SHALL BE FILLED IN THE SAME
MANNER AS THE ORIGINAL APPOINTMENT. MEMBERS WHO ARE NOT STATE OFFICIALS
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
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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
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.
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S 8. Subdivision 2 of section 16-100 of the election law is amended to
read as follows:
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, two thousand seventeen 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 participation both before and after ballot
pamphlets were distributed and findings and recommendations on continu-
ing and improving title III of article 7 of the election law.
S 11. This act shall take effect April 1, 2013 and shall expire May 1,
2017, when upon such date the provisions of this act shall be deemed
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.