S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6315
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT to amend the election law, in relation to restructuring the form
   of ballot proposals on election ballots, requiring  the  creation  and
   distribution  of  ballot  publicity  pamphlets,  and  creating  ballot
   proposal hearings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7-110 of the election law, as separately amended by
 chapters 409 and 411 of the laws of 2019, is amended to read as follows:
   §  7-110. Ballots; form for ballot proposals; additional requirements.
 1. Ballot proposals shall appear on the ballot in a separate section  or
 on  a separate sheet or card WITH THE OFFICIAL TITLE AND THE DESCRIPTIVE
 TITLE OF THE PROPOSAL. BALLOTS SHALL BE PRINTED SUCH THAT  THE  OFFICIAL
 TITLE AND THE DESCRIPTIVE TITLE OF EACH PROPOSAL ARE IN THE ORDER DETER-
 MINED  BY THE SECRETARY OF STATE. THE NUMBER ASSIGNED TO THE PROPOSAL BY
 THE SECRETARY OF STATE CONSTITUTES THE OFFICIAL TITLE  OF  THE  PROPOSAL
 AND  SHALL  BE  USED FOR IDENTIFICATION OF THE PROPOSAL BY THE STATE AND
 EACH COUNTY IN ALL SUBSEQUENT OFFICIAL ELECTION MATERIALS, INCLUDING THE
 PUBLICITY PAMPHLET. [At the left of, or  below  or  above,]  BELOW  each
 proposal  shall  appear  two  voting positions. Next to the first voting
 position shall be printed the word "Yes," OPPOSITE "A "YES"  VOTE  SHALL
 HAVE THE EFFECT OF" FOLLOWED BY THE EFFECT OF APPROVING THE PROPOSAL and
 next  to  the  second  voting position shall be printed the word ["No."]
 "NO," OPPOSITE "A "NO" VOTE SHALL HAVE THE EFFECT OF"  FOLLOWED  BY  THE
 EFFECT OF REFUSING THE PROPOSAL. The proposals shall be numbered consec-
 utively on the ballot. The number of each proposal shall appear in front
 of  its  designation  as  an  amendment,  proposition or question in the
 following form: "Proposal one, an amendment; proposal  two,  a  proposi-
 tion;  proposal  three,  a  question".  If  the  ballot proposal section
 appears on the ballot face opposite the candidates, a ballot instruction
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06713-01-3
              

 A. 6315                             2
 
 in a format provided by the state board of elections, which may  include
 a graphic arrow, shall indicate the ballot is two-sided.
   2.  THE  OFFICIAL  TITLE  SHALL BE PRINTED DIRECTLY BELOW THE PROPOSAL
 NUMBER AND SHALL BE THE TITLE OF THE LEGISLATIVE BILL, CONCURRENT RESOL-
 UTION, RESOLUTION, OR OTHER OFFICIAL DOCUMENT ON WHICH THE  PROPOSAL  IS
 BASED.
   3.  A  DESCRIPTIVE TITLE SHALL BE PRINTED ON THE OFFICIAL BALLOT IMME-
 DIATELY BELOW THE NUMBER OF THE PROPOSAL AND THE OFFICIAL TITLE OF  EACH
 MEASURE.  THE DESCRIPTIVE TITLE SHALL CONTAIN A SUMMARY OF THE PRINCIPAL
 PROVISIONS OF THE MEASURE, NOT TO EXCEED FIFTY  WORDS,  WHICH  SHALL  BE
 PREPARED BY THE SECRETARY OF STATE AND APPROVED BY THE ATTORNEY GENERAL.
 SUCH  LANGUAGE SHALL BE POSTED ON THE SECRETARY OF STATE'S WEBSITE AFTER
 BEING APPROVED BY THE ATTORNEY GENERAL AND BEFORE THE DATE ON WHICH  THE
 OFFICIAL BALLOTS ARE SENT TO BE PRINTED.
   4.  THE "EFFECT OF APPROVING THE PROPOSAL" AND THE "EFFECT OF REFUSING
 THE PROPOSAL" SHALL BE PREPARED BY THE SECRETARY OF STATE  AND  APPROVED
 BY THE ATTORNEY GENERAL AND SHALL BE BRIEF PHRASES STATING THE ESSENTIAL
 CHANGE  IN  THE  EXISTING  LAW SHOULD THE PROPOSAL RECEIVE A MAJORITY OF
 VOTES CAST IN THAT PARTICULAR MANNER.  SUCH LANGUAGE SHALL BE POSTED  ON
 THE  SECRETARY  OF  STATE'S WEBSITE AFTER BEING APPROVED BY THE ATTORNEY
 GENERAL AND BEFORE THE DATE ON WHICH THE OFFICIAL BALLOTS ARE SENT TO BE
 PRINTED.
   § 2.  The election law is amended by adding a  new  section  7-111  to
 read as follows:
   § 7-111. BALLOT PUBLICITY PAMPHLETS; BALLOT PROPOSAL HEARINGS. 1. WHEN
 A  BALLOT  PROPOSAL  IS  TO  BE  INCLUDED  ON THE BALLOT FOR AN UPCOMING
 ELECTION, THE SECRETARY OF STATE SHALL  CAUSE  TO  BE  PRINTED,  AT  THE
 EXPENSE  OF  THE  STATE, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A
 BALLOT PUBLICITY PAMPHLET THAT CONTAINS:
   (A) A TRUE COPY OF THE TITLE AND  TEXT  OF  THE  MEASURE  OR  PROPOSED
 AMENDMENT.  SUCH TEXT SHALL INDICATE MATERIAL DELETED, IF ANY, BY PRINT-
 ING SUCH MATERIAL WITHIN BRACKETS WITH A LINE DRAWN THROUGH  THE  CENTER
 OF THE LETTERS OF SUCH MATERIAL AND SHALL INDICATE MATERIAL ADDED OR NEW
 MATERIAL BY UNDERLINING SUCH MATERIAL.
   (B)  THE  FORM  IN  WHICH  THE PROPOSAL WILL APPEAR ON THE BALLOT, THE
 OFFICIAL TITLE, THE DESCRIPTIVE TITLE PREPARED BY THE SECRETARY OF STATE
 AND THE NUMBER BY WHICH IT WILL BE DESIGNATED.
   (C) THE ARGUMENTS FOR AND AGAINST THE PROPOSAL.
   (D) AN ANALYSIS  OF  THE  PROPOSAL,  INCLUDING  A  SUMMARY  OF  FISCAL
 IMPACTS,  SUBMITTED  TO  THE  SECRETARY OF STATE BY ANY OF THE FOLLOWING
 PERSONS: THE GOVERNOR; THE ATTORNEY GENERAL; THE SPEAKER OF  THE  ASSEM-
 BLY;  THE  SENATE MAJORITY LEADER; THE ASSEMBLY MINORITY LEADER; AND THE
 SENATE MINORITY LEADER.
   2. THE SECRETARY OF STATE SHALL POST THE BALLOT PUBLICITY PAMPHLET  ON
 THE  SECRETARY  OF  STATE'S  WEBSITE AS SOON AS IS PRACTICABLE AFTER THE
 PAMPHLET IS PRINTED AND SHALL MAIL ONE COPY OF THE PUBLICITY PAMPHLET TO
 EVERY HOUSEHOLD THAT CONTAINS A REGISTERED VOTER OR, AT  THE  OPTION  OF
 THE  VOTER,  MAY MAKE THAT DELIVERY BY E-MAIL.  THE MAILINGS MAY BE MADE
 OVER A PERIOD OF DAYS BUT SHALL BE MAILED IN ORDER TO  BE  DELIVERED  TO
 HOUSEHOLDS  BEFORE THE EARLIEST DATE FOR RECEIPT BY REGISTERED VOTERS OF
 ANY REQUESTED BALLOTS FOR THE ELECTION CONTAINING THE BALLOT PROPOSAL.
   3. THE SECRETARY OF STATE, ON REQUEST BY A VOTER,  SHALL  PROVIDE  FOR
 THE  BALLOT  PUBLICITY  PAMPHLET TO BE DELIVERED TO THE VOTER BY E-MAIL.
 THE SECRETARY OF STATE SHALL PROVIDE FOR A SECURE INTERNET PORTAL  WHICH
 ALLOWS  PERSONS  TO  CHOOSE  E-MAIL  DELIVERY  OF  THE  BALLOT PUBLICITY
 PAMPHLET. THE SECRETARY OF STATE SHALL NOTIFY THE VOTER THAT, UNLESS ALL
 A. 6315                             3
 
 PERSONS WHO ARE REGISTERED TO VOTE AT THE VOTER'S HOUSEHOLD ALSO REQUEST
 E-MAIL DELIVERY OF THE PUBLICITY PAMPHLET, THE  VOTER'S  HOUSEHOLD  WILL
 RECEIVE  A PUBLICITY PAMPHLET BY REGULAR MAIL. IF THE SECRETARY OF STATE
 RECEIVES  A  RETURN E-MAIL THAT INDICATES THE E-MAIL ADDRESS PROVIDED BY
 THE VOTER IS UNDELIVERABLE, THE SECRETARY OF  STATE  SHALL  PROVIDE  THE
 PUBLICITY  PAMPHLET  TO  THE  VOTER BY REGULAR MAIL. NOTWITHSTANDING ANY
 OTHER LAW, A VOTER'S E-MAIL ADDRESS SHALL NOT BE RELEASED FOR ANY  OTHER
 PURPOSE.
   4.  SAMPLE  BALLOTS  FOR  ANY  ELECTION SHALL INCLUDE A STATEMENT THAT
 INFORMATION ON HOW TO OBTAIN A BALLOT PUBLICITY PAMPHLET FOR THE GENERAL
 ELECTION BALLOT PROPOSALS IS  AVAILABLE  BY  CALLING  THE  SECRETARY  OF
 STATE.    THE  STATEMENT  SHALL  INCLUDE  A TELEPHONE NUMBER AND MAILING
 ADDRESS OF THE SECRETARY OF STATE.
   5. ON CERTIFICATION OF AN INITIATIVE  MEASURE  AS  QUALIFIED  FOR  THE
 BALLOT,  THE  SECRETARY  OF  STATE SHALL HOLD OR CAUSE TO BE HELD PUBLIC
 HEARINGS ON THE BALLOT MEASURE WITHIN THE REGIONS OF THE STATE. HEARINGS
 SHALL BE HELD BEFORE THE EARLIEST DATE FOR RECEIPT BY REGISTERED  VOTERS
 OF  ANY  REQUESTED  BALLOTS  FOR  THE  ELECTION  CONTAINING  THE  BALLOT
 PROPOSAL. THE HEARINGS SHALL  PROVIDE  AN  OPPORTUNITY  FOR  PROPONENTS,
 OPPONENTS AND THE GENERAL PUBLIC TO PROVIDE TESTIMONY AND REQUEST INFOR-
 MATION.  HEARINGS  MAY  BE  SCHEDULED TO INCLUDE MORE THAN ONE QUALIFIED
 PROPOSAL AND SHALL INCLUDE A PRESENTATION ON THE FISCAL IMPACTS OF  SUCH
 PROPOSALS  BASED  ON ANY ANALYSIS OF THE PROPOSAL RECEIVED BY THE SECRE-
 TARY OF STATE PRIOR TO THE HEARING.
   § 3. This act shall take effect on the first of December next succeed-
 ing the date on which it shall have become a law.