S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1116
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
   DINOWITZ, GALEF -- 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 are REPEALED.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 election law are REPEALED and subdivision 3, as added by chapter 234  of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 413 of the laws of 2019, 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. The board of elections shall, as soon as prac-
 ticable,  but  not  less  than  two weeks prior to any special election,
 prominently display on its website the date and hours of  the  election,
 the  offices to be voted on in the county, part of a county, or the city
 of New York, and a link to any poll site information  or  poll  location
 tools, where available. Such information shall also be made available to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01399-01-1

 A. 1116                             2
 
 local  governments, municipalities, and community boards for publication
 on any public-facing internet website, web application,  web  domain  or
 digital application, including a social network or search engine, to the
 extent  that  such publication is practicable. [If constitutional amend-
 ments, 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 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
 section 2 of part XX of chapter 55 of the laws of 2019,  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, pencils, or
 other appropriate marking devices, envelopes for the ballots  of  voters
 whose registration poll records are not in the ledger or whose names are
 not  in 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-

 A. 1116                             3

 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.
   § 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

 A. 1116                             4
 
 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
 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

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 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.
   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

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 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
 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, 2027 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, 2023 and shall expire May 1,
 2027,  when  upon  such  date the provisions of this act shall be deemed
 repealed.

 A. 1116                             7
 
   REPEAL NOTE.--Subdivisions 2 and 3 of section 4-116  of  the  election
 law,  proposed  to  be  repealed by this act, provide 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.
   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.