S T A T E   O F   N E W   Y O R K
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                                  5799

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced  by  M. of A. KAVANAGH, CYMBROWITZ, ROSENTHAL, COLTON, CLARK,
  HOOPER -- Multi-Sponsored  by  --  M.  of  A.  BRENNAN,  BROOK-KRASNY,
  LIFTON,  PERRY  -- 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are REPEALED.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election law are REPEALED and subdivision 3, as added by chapter 234  of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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04522-01-5
              

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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
ARE OPEN TO ELECTION.  NOT LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR,

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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
BALLOT PAMPHLET EXCEPT AS CAUSED BY THE NEGLIGENCE OR  WILLFUL  ACTS  OF
THE STATE OR OF ITS AGENTS OR EMPLOYEES.

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  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
PREPARING,  PRINTING  AND  DISTRIBUTING SUCH A PAMPHLET SHALL BE PAID BY
SUCH CITY, TOWN OR COUNTY.

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  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, 2021 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, 2017 and shall expire May 1,
2021, 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.