senate Bill S6614

2013-2014 Legislative Session

Relates to the form of proposed constitutional amendments and questions; and repeals subdivision 3 of section 4-108 of the election law relating thereto

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2014 referred to elections

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S6614 - Bill Details

See Assembly Version of this Bill:
A8313
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd ยง4-108, rpld sub 3, El L

S6614 - Bill Texts

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Relates to the form of proposed constitutional amendments and questions.

view sponsor memo
BILL NUMBER:S6614

TITLE OF BILL: An act to amend the election law, in relation to the
form of proposed constitutional amendments and questions; and to
repeal subdivision 3 of section 4-108 of such law

PURPOSE OR GENERAL IDEA OF BILL:

This bill clarifies which arm of government is responsible for writing
the text of proposals, propositions and referendums that appear on a
ballot.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 2 of section 4-108 of the election law to
clearly empower the Attorney General to determine the text of a ballot
question once both houses of the legislature have passed the
authorizing legislation.

Section 2 repeals subdivision 3 of section 4-108 of the election law.

Section 3 sets the effective date.

JUSTIFICATION:

Current law is unclear on where the responsibility for proposal
language lies. The state Board of Elections is charged with
transmitting the text of any proposal, proposition or referendum to
the local Boards of Elections, however the Attorney General is to
advise in the preparation of the submission. This bill will clarify
that the Attorney General, as the state's chief law enforcement
officer, is to have responsibility for the text of any statewide
ballot question.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  6614

                            I N  S E N A T E

                            February 13, 2014
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to the  form  of  proposed
  constitutional  amendments  and questions; and to repeal subdivision 3
  of section 4-108 of such law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section 4-108 of the election law, as
amended by chapter 136 of the laws  of  1978,  is  amended  to  read  as
follows:
  2.  The  form in which the proposed amendment, proposition or question
is to be submitted shall consist of only an abbreviated title indicating
generally and briefly, and in a clear and coherent  manner  using  words
with common and every-day meanings, the subject matter of the amendment,
proposition  or question.  SUCH FORM OF SUBMISSION SHALL BE SET FORTH BY
THE ATTORNEY GENERAL FOLLOWING THE PASSAGE BY BOTH HOUSES OF LEGISLATION
AUTHORIZING THE SUBMISSION OF SUCH AMENDMENT, PROPOSITION OR QUESTION TO
THE PEOPLE FOR THEIR APPROVAL. If more than one such amendment, proposi-
tion or question is to be voted upon at such election, each such  amend-
ment,  proposition  or  question  respectively  shall  be separately and
consecutively numbered.
  S 2. Subdivision 3 of section 4-108 of the election law is REPEALED.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13078-01-3

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