Senate Bill S2325

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2325
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  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
 and a statement of the form in which it is to be submitted. If a special
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01336-01-9

 S. 2325                             2
 
 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.