S T A T E O F N E W Y O R K
________________________________________________________________________
4175
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
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Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. GALEF,
JENNE, LAWRENCE, MAYER, SIMON -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to the text of proposed
constitutional amendments and questions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4-108 of the election law, paragraph b of subdivi-
sion 1 as amended by chapter 117 of the laws of 1985, paragraph d of
subdivision 1 and subdivision 2 as amended by chapter 136 of the laws of
1978, and subdivision 3 as added by chapter 234 of the laws of 1976, is
amended to read as follows:
§ 4-108. Certification of proposed constitutional amendments and ques-
tions. 1. a. Whenever any proposed amendment to the constitution or
other question provided by law to be submitted to a statewide vote shall
be submitted to the people for their approval, the state board of
elections at least three months prior to the general election at which
such amendment, proposition or question is to be submitted, shall (I)
transmit to each county board of elections a certified copy of the text
of each amendment, proposition or question and a statement of the form
in which it is to be submitted; AND (II) PUBLISH A COPY OF THE TEXT OF
EACH AMENDMENT, PROPOSITION OR QUESTION AND A STATEMENT OF THE FORM IN
WHICH IT IS TO BE SUBMITTED ON THE STATE BOARD OF ELECTIONS WEBSITE
UNTIL THE DAY AFTER THE GENERAL ELECTION OF THAT PARTICULAR YEAR.
b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people of a county, city, town,
village or special district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least thirty-six
days prior to the election at which such proposal, proposition or refer-
endum is to be submitted, shall transmit to each board of elections a
certified copy of the text of such proposal, proposition or referendum
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02362-01-7
A. 4175 2
and a statement of the form in which it is to be submitted. If a special
election is to be held, such transmittal shall also give the date of
such election.
c. Such certified copy shall set out all new matter in italics and
enclose in brackets, [ ], all matter to be eliminated from existing
law, and at the bottom of each page shall be appended the words:
Explanation: Matter in italics is new, to be added; matter in brackets
[ ] is old law, to be omitted.
d. In addition to the text, AS REQUIRED UNDER PARAGRAPH A OF THIS
SUBDIVISION, such transmittal shall contain an abstract of such proposed
amendment, proposition or question, [prepared by the state board of
elections] concisely stating the purpose and effect thereof in a clear
and coherent manner using words with common and everyday meanings.
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, UNBIASED and coherent manner
using words with common and every-day meanings, the subject matter of
the amendment, proposition or question. If more than one such amendment,
proposition or question is to be voted upon at such election, each such
amendment, proposition or question respectively shall be separately and
consecutively numbered.
3. The attorney general shall [advise in the preparation of] PREPARE
AND DELIVER such abstract and such form of submission, AS REQUIRED UNDER
PARAGRAPHS A AND D OF SUBDIVISION ONE OF THIS SECTION, TO THE STATE
BOARD OF ELECTIONS AT LEAST FOUR MONTHS PRIOR TO THE GENERAL ELECTION AT
WHICH SUCH AMENDMENT, PROPOSITION OR QUESTION IS TO BE SUBMITTED.
§ 2. This act shall take effect one year after it shall have become a
law.