S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    71
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
   DINOWITZ, GALEF, LOPEZ -- 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 are REPEALED.
   § 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 election  law are REPEALED and subdivision 3, as added by chapter 234 of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.
   §  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.
                                                            LBD01418-01-7

 A. 71                               2
 
 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.
   § 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.
   §  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.
   §  6.  Subdivision  2 of section 4-117 of the election law is REPEALED
 and subdivision 3 is renumbered subdivision 2.
   § 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.
   § 7-300.  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.
   § 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.

 A. 71                               3
 
   § 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 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.
   § 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

 A. 71                               4
 
 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
 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.

 A. 71                               5
 
   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.
   §  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, 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.
   § 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.
   §  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.
   § 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

 A. 71                               6
 
 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.
   § 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, PROCEEDINGS AS TO THE CONTENTS
 OF STATEMENTS ON CONSTITUTIONAL AMENDMENTS, QUESTIONS  AND  PROPOSITIONS
 and  proceedings  to  enforce the provisions of article fourteen of this
 chapter.
   § 9. The election law is amended by adding a  new  section  16-105  to
 read as follows:
   §  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.
   § 10. On or before March 1, 2023 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  III  of
 article 7 of the election law.
   § 11. This act shall take effect April 1, 2019 and shall expire May 1,
 2023,  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.

 A. 71                               7

   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.