S T A T E   O F   N E W   Y O R K
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                                  8636

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, CYMBROWITZ, REILLY, ROSENTHAL, COLTON,
  MILLMAN, CLARK, HOOPER -- Multi-Sponsored by  --  M.  of  A.  BOYLAND,
  BRENNAN,  BROOK-KRASNY,  KELLNER,  LANCMAN, LIFTON, V. LOPEZ, McENENY,
  PERRY, 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are REPEALED.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election  law are REPEALED and subdivision 3, as added by chapter 234 of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.
                                                           LBD00666-02-1
              

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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 125 of the laws of 2011, 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  political subdivision 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 political subdivision 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.
        7-316. CANDIDATE BIOGRAPHIES.
  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 CANDIDATES AND ABOUT
THE ISSUES APPEARING ON THE BALLOT. THE STATE BOARD OF  ELECTIONS  SHALL
UNDERTAKE ITS RESPONSIBILITIES 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 ANY YEAR IN WHICH THE MAJORITY OF THE SEATS IN THE ASSEMBLY

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ARE OPEN TO ELECTION.  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.  THE STATE BOARD OF ELECTIONS MAY DELEGATE
THIS  DUTY  TO COUNTY BOARDS OF ELECTIONS TO PREPARE PAMPHLETS FOR THEIR
OWN COUNTY.
  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;
  (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  ON  CANDIDATES  RUNNING
FOR  ELECTED  OFFICE AND ON PROPOSALS WHICH WILL BE ON THE BALLOT STATE-
WIDE. THERE MAY ALSO BE PROPOSALS OF LOCAL INTEREST  ON  THE  BALLOT  IN
YOUR  COMMUNITY.  FOR INFORMATION ON THESE LOCAL PROPOSALS, CONTACT YOUR
LOCAL BOARD OF ELECTIONS AND SEE YOUR LOCAL NEWSPAPER.
  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) 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; AND
  (D)  AN  EXPLANATION  OF  SUCH  USE  OF  ITALIC  TYPE AND BRACKETS, AS
DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
  4. CANDIDATE BIOGRAPHY INFORMATION OBTAINED PURSUANT TO SECTION  7-316
OF THIS TITLE.
  5.  A  CLEAR AND LEGIBLE STATEMENT INFORMING INDIVIDUALS THAT THEY MAY
ACCESS CANDIDATE  BIOGRAPHY  INFORMATION  ON  THE  BOARD'S  WEBSITE  AND
INCLUDE THE ADDRESS OF SUCH WEBSITE.
  S  7-306.  PREPARATION  OF BALLOT PROPOSAL MATERIALS. 1. ALL MATERIALS
REQUIRED BY SUBDIVISION THREE OF SECTION 7-304 OF THIS  TITLE  SHALL  BE
PREPARED BY THE STATE BOARD OF ELECTIONS.
  2. 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.
  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, RUSSIAN, 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 ADDITION TO THE REQUIREMENTS OF SECTION 7-300 OF THIS TITLE,  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.
  5.  IN  ADDITION TO ALL PRINTED MATERIALS, THE BOARD SHALL HAVE A COPY
OF THE PAMPHLET AVAILABLE ON ITS WEBSITE IN A PRINTER-FRIENDLY FORMAT.
  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

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PREPARING, PRINTING AND DISTRIBUTING SUCH A PAMPHLET SHALL  BE  PAID  BY
SUCH CITY, TOWN OR COUNTY.
  S 7-316. CANDIDATE BIOGRAPHIES. 1. ANY CANDIDATE SEEKING NOMINATION OR
ELECTION  AT THE NEXT GENERAL ELECTION TO ANY PUBLIC OFFICE, OR A DESIG-
NATED AGENT ACTING ON BEHALF OF SUCH  CANDIDATE,  MAY,  AT  LEAST  EIGHT
WEEKS  PRIOR  TO  THE GENERAL ELECTION, FILE WITH THE BOARD OF ELECTIONS
WITH WHICH NOMINATING AND DESIGNATING  PETITIONS  AND  CERTIFICATES  FOR
SUCH  OFFICE ARE FILED PURSUANT TO SECTION 6-144 OF THIS CHAPTER A SWORN
STATEMENT SETTING FORTH  THE  CANDIDATE'S  OCCUPATION,  EDUCATIONAL  AND
OCCUPATIONAL  BACKGROUND,  PRIOR  GOVERNMENTAL EXPERIENCE, AND ANY OTHER
PERSONAL BACKGROUND OR EXPERIENCE THAT THE CANDIDATE DEEMS  RELEVANT  TO
THE ELECTION CAMPAIGN.
  2.  THE  STATE  BOARD OF ELECTIONS SHALL, BY REGULATION, ESTABLISH THE
FORMAT AND LENGTH OF THE STATEMENT AUTHORIZED  UNDER  THIS  SECTION  AND
SHALL  PROVIDE  TO  CANDIDATES  A  STANDARDIZED  FORM FOR PREPARING SUCH
STATEMENT.
  3. WITHIN FIVE DAYS AFTER THE LAST DAY  FOR  FILING  STATEMENTS  UNDER
THIS  SECTION,  ALL  LOCAL  BOARDS  OF  ELECTIONS SHALL FORWARD ALL SUCH
CANDIDATE BIOGRAPHIES TO THE STATE BOARD OF ELECTIONS IN ELECTRONIC FORM
IN A MANNER TO BE PRESCRIBED BY THE STATE BOARD OF ELECTIONS.
  4. WITHIN FIVE DAYS OF RECEIPT OF ANY CANDIDATE BIOGRAPHIES  FROM  THE
LOCAL  BOARDS OF ELECTIONS, THE STATE BOARD OF ELECTIONS SHALL CAUSE ALL
SUCH INFORMATION CONTAINED IN SAID  CANDIDATE  BIOGRAPHIES  TO  BE  MADE
AVAILABLE AT ALL TIMES ON THE STATE BOARD OF ELECTIONS WEBSITE UNTIL ONE
DAY AFTER THE ELECTION.
  5.  THE STATE BOARD OF ELECTIONS SHALL INCORPORATE ALL THE INFORMATION
IT RECEIVES INTO THE PAMPHLET AS AUTHORIZED PURSUANT TO SUBDIVISION FOUR
OF SECTION 7-304 OF THIS TITLE.
  6. IN THE EVENT THAT ANY CANDIDATE BIOGRAPHIES RECEIVED BY  THE  STATE
BOARD  OF  ELECTIONS, FROM ANY LOCAL BOARD OF ELECTIONS, IS NOT IN ELEC-
TRONIC FORM, THE STATE BOARD OF ELECTIONS SHALL, WITHIN TEN  DAYS  AFTER
RECEIPT OF SUCH CANDIDATE BIOGRAPHY, CONVERT SUCH CANDIDATE BIOGRAPHY TO
ELECTRONIC  FORM, AND CAUSE SAID CANDIDATE INFORMATION TO BE MADE AVAIL-
ABLE AT ALL TIMES ON THE STATE BOARD OF ELECTIONS WEBSITE UNTIL ONE  DAY
AFTER THE ELECTION.
  S  8.  Subdivision 2 of section 16-100 of the election law, as amended
by section 4 of part E of chapter 399 of the laws of 2011, is amended to
read as follows:
  2. The county court is vested with jurisdiction to summarily determine
any question of law or fact except proceedings as  to  a  nomination  or
election at a primary election or a nomination at a judicial convention,
proceedings  as  to  the casting and canvass of ballots, proceedings for
examination or preservation of ballots and proceedings  to  enforce  the
provisions of article fourteen of this chapter AND PROCEEDINGS AS TO THE
CONTENTS  OF  STATEMENTS  ON  CONSTITUTIONAL  AMENDMENTS,  QUESTIONS AND
PROPOSITIONS.
  S 9. On or before March 1, 2017 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  3  of
article 7 of the election law.
  S 10. 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.

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  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.