NY State Senate Bill 2023-S1381A

Senate Bill S1381A

Signed By Governor

2023-2024 Legislative Session

Requires proposed amendment to the constitution or other question provided by law to be submitted to a statewide vote be submitted to the people for their approval in plain language

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 17, 2023	signed chap.648
Nov 13, 2023	delivered to governor
Jun 08, 2023	returned to senate passed assembly ordered to third reading rules cal.681 substituted for a1722b
May 17, 2023	referred to election law delivered to assembly passed senate
May 15, 2023	advanced to third reading
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.777
May 01, 2023	print number 1381a
May 01, 2023	amend and recommit to elections
Jan 11, 2023	referred to elections

Votes

- May 17, 2023 - Floor Vote
  S1381A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Gounardes
  May 9, 2023 - Elections Committee Vote
  S1381A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 9, 2023
      
      aye (6)
      
      Kavanagh
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Walczyk
      
      aye wr (1)
      
      Borrello

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S1381 - Details

See Assembly Version of this Bill:: A1722
Law Section:: Election Law
Laws Affected:: Amd §§4-108 & 4-116, El L
Versions Introduced in 2021-2022 Legislative Session:: A10708

2023-S1381 - Summary

Requires a proposed amendment to the constitution or other question provided by law to be submitted to a statewide vote be submitted to the people for their approval in plain language which is deemed to be no higher than an eighth grade reading level.

2023-S1381 - Sponsor Memo

                                 
BILL NUMBER: S1381

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to the form in which a
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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that proposed amendments and other questions submitted to a
statewide vote will be set forth on the ballot in plain, easily under-
stood language that identifies the practical impact of adopting or
rejecting the amendment or other measure and requires no more than an
eighth grade reading comprehension level.

 
SUMMARY OF PROVISIONS:

Section one adds a new paragraph 39 to Election Law § 1-104, which
defines of the term "plain language" when applied to constitutional

amendments or other questions submitted to the voters. This definition
provides specific standards to ensure that the ballot language is easily
understood by voters requiring no more than an eighth grade level of
reading comprehension. It specifies that the readability of the proposed
ballot language be measured by the Automated Readability Index (ARI), a
reliable and validated measurement tool and provides the formula to be
applied to determine the ARI.

It also specifies that the ballot language cannot have more than 1
sentence that is in the passive voice and that double negatives should
be avoided. Section two amends Election Law § 4-108 to require that
proposed ballot language submitting a constitutional amendment or other
questions to the voters must satisfy the new definition of "plain
language" added to the Election Law pursuant to section one.  It further
requires the state board of elections to publicly release proposed
ballot language at least four months before the general election at
which the proposal will be submitted to the voters and to give the
public at least 15 days to submit comments. The board is required to
review and consider the comments received from the public before final-
izing the certified ballot language to be distributed to the county
boards of elections for inclusion on the ballot.

§ 4-108 is further amended to provide detailed specifications for the
form of the ballot language by which constitutional amendments or other
questions are be submitted to the voters. The ballot statement would be
limited a total of 75 words: a descriptive title of no more than 15
words, a statement of the question presented in 30 words or less written
to be understood by someone with no more than an eighth grade reading
comprehension as determined by the ARI, and a plain language statement
of no more than 30 words explaining the practical impact of a yes or no
vote, rather than a statement of the legal mechanism implementing the
provision if passed. If required, a fiscal statement no longer than 25
words would be included. The attorney general would continue to advise
in the preparation of the statement by which the amendment or question
is presented to the voters, but cannot specify changes which would
result in a form that does not satisfy the plain language requirements
or the specific requirements set forth in amended § 4-108.
Section three amends Election Law § 4-116 to require that in addition to
publishing the specified information regarding the question(s) to be
submitted to the voters, the state board of elections and any county
board of elections which maintains a public website should prominently
display the same information on their websites for no less than two
months before the general election in which the question is to be
submitted to the voters.

 
JUSTIFICATION:

Voters frequently complain that the legal language by which proposed
constitutional amendments and other questions are submitted on the
ballot for voter approval are difficult to read and understand, even
though that language is supposed to be "clear and coherent." As a conse-
quence, many voters choose not to vote on the proposals because they do
not understand them. An assessment of the readability of two ballot
proposals submitted to the voters on the November 2021 ballot determined
that voters needed a college reading comprehension level to understand
the proposals. If voters cannot understand the text-or the implications
of the question-they cannot participate effectively.  The solution is
writing ballot questions in plain language.

According to the federal resource, plainlanguage.gov, language is plain
when people can find what they need, understand what they find, and use
it to meet their goals For a ballot question, this means that voters can
understand the practical outcomes of voting yes or no on a ballot ques-
tion and confidently vote their intent.

Plain language is feasible and tested in government materials, notably
for consumer contracts, mortgage disclosures, securities and exchange
filings, and medical information. It facilitates translation, making it
easier to create readable ballots in other languages or for voters with
lower English literacy to understand the text. It can increase trust by
helping voters feel confident that they can vote their intent and that
the question is not trying to trick them. And it can reduce litigation
(and associated costs) by making meaning clear.

Academic research shows that plain language helps voters. Research
establishes that voters recognize the difference between plain language
and traditional language ballots and prefer those written in plain
language. Voters vote more accurately and quickly on plain language
ballots and are more likely to complete the entire ballot.

Plain language can be measured and compliance can be enforced. There are
existing ways to measure how easy text is to read. These readability
scores measure the length and complexity of the text. The Automated
Readability Index (ARI) was chosen as a reliable and validated measure-
ment tool developed by federal agencies to assess technical text. It is
easier and more reliable to calculate than other readability measures.
It tests word complexity as letters per word, and sentence complexity as
the number of words in a sentence. This is more reliable than relying on
the number of syllables in the text. Commonly understood legal terms
(like "Constitution") can be allowed and exempted from readability test-
ing through regulation that establishes an acceptable word list.

Specifying a required structure for the statement that will be included
on the ballot will provide consistency in what a vote means.  To make
every amendment or question proposed readily understandable, the state-
ment that appears on the ballot will describe the change, not the mech-
anism for change and will provide a clear statement of what voting Yes
or No means. While lawyers consistently refer to, and emphasize, the
legal mechanism for'the change, such descriptions have little meaning
for the typical voter. Similarly, avoiding double negatives and passive
sentences will help to make the proposed action and actors clear to the
voters, assisting voters in ascertaining and voter their intent.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1381 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1381
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  form  in  which  a
   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  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1-104 of the election law is amended  by  adding  a
 new subdivision 40 to read as follows:
   40. (A) THE TERM "PLAIN LANGUAGE" WHEN APPLIED TO ANY STATEMENT OF THE
 FORM IN WHICH A PROPOSED AMENDMENT TO THE CONSTITUTION OR OTHER QUESTION
 PROVIDED  BY  LAW  TO  BE  SUBMITTED  TO A STATEWIDE VOTE APPEARS ON THE
 BALLOT SHALL MEAN A STATEMENT  WHICH,  IN  ADDITION  TO  SATISFYING  THE
 REQUIREMENTS  SET  FORTH  IN  PARAGRAPH  D OF SUBDIVISION ONE OF SECTION
 4-108 OF THIS CHAPTER: (I) SCORES NO HIGHER THAN EIGHTH GRADE OR "GOOD",
 AS INDICATED BY A SCORE OF A NINE ON  THE  AUTOMATED  READING  INDEX  AS
 CALCULATED  PURSUANT  TO  THE FORMULA SET FORTH IN PARAGRAPH (B) OF THIS
 SUBDIVISION, (II) CONTAINS NO MORE  THAN  ONE  PASSIVE  SENTENCE,  (III)
 AVOIDS THE USE OF SEMICOLONS, USING MULTIPLE SENTENCES AS NECESSARY, AND
 (IV) DOES NOT CONTAIN ANY DOUBLE NEGATIVES.
   (B)  THE  AUTOMATED READING INDEX SHALL BE CALCULATED ACCORDING TO THE
 FOLLOWING FORMULA:
   (I) DIVIDE THE NUMBER OF CHARACTERS BY THE NUMBER OF WORDS AND  MULTI-
 PLY THAT NUMBER BY 4.71.
   (II)  DIVIDE THE NUMBER OF WORDS BY THE NUMBER OF SENTENCES AND MULTI-
 PLY THAT NUMBER BY 0.5.
   (III) ADD THE RESULTS FROM SUBPARAGRAPHS (I) AND (II)  OF  THIS  PARA-
 GRAPH.
   (IV)  SUBTRACT  21.43  FROM  THE  RESULT OF SUBPARAGRAPH (III) OF THIS
 PARAGRAPH AND ROUND TO THE NEAREST WHOLE NUMBER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02790-01-3

 S. 1381                             2
 
   § 2. Paragraphs a and d of subdivision 1 and subdivisions 2 and  3  of
 section  4-108  of  the  election  law, paragraph d of subdivision 1 and
 subdivision 2 as amended by chapter 136 of the laws of 1978 and subdivi-
 sion 3 as added by chapter 234 of the laws of 1976, are amended to  read
 as follows:
   a.  Whenever any proposed amendment to the constitution or other ques-
 tion 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 amend-
 ment, proposition or question is to be submitted, shall transmit to each
 county  board  of  elections a certified copy of the text of each amend-
 ment, proposition or question and a statement of the form in which it is
 to be submitted AS APPROVED AFTER PUBLIC COMMENT HAS BEEN  RECEIVED  AND
 REVIEWED PURSUANT TO PARAGRAPH D OF THIS SUBDIVISION.
   d. In addition to the text, 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 ther-
 eof in a clear and coherent manner using words with common and  everyday
 meanings]  IN  PLAIN LANGUAGE AS DEFINED IN SUBDIVISION FORTY OF SECTION
 1-104 OF THIS CHAPTER AND  SATISFYING  THE  REQUIREMENTS  SET  FORTH  IN
 SUBDIVISION  TWO  OF  THIS  SECTION.   AT LEAST FOUR MONTHS PRIOR TO THE
 GENERAL ELECTION AT WHICH SUCH AMENDMENT, PROPOSITION OR QUESTION IS  TO
 BE  SUBMITTED,  THE  STATE BOARD OF ELECTIONS SHALL PUBLICLY RELEASE AND
 SUBMIT FOR PUBLIC COMMENT THE PROPOSED  FORM  IN  WHICH  THE  AMENDMENT,
 PROPOSITION  OR  QUESTION  IS  TO BE SUBMITTED TO THE PEOPLE. THE PUBLIC
 SHALL HAVE NO LESS THAN FIFTEEN DAYS TO SUBMIT COMMENTS ON THE  PROPOSED
 FORM  IN WHICH THE AMENDMENT, PROPOSITION OR QUESTION IS TO BE SUBMITTED
 TO THE VOTERS. THE STATE BOARD OF ELECTIONS SHALL  REVIEW  AND  CONSIDER
 ALL  COMMENTS  BEFORE  FINALIZING THE STATEMENT OF THE FORM IN WHICH THE
 PROPOSED AMENDMENT, PROPOSITION OR  QUESTION  IS  TO  BE  SUBMITTED  FOR
 APPROVAL BY THE PEOPLE.
   2.  The  form in which the proposed amendment, proposition or question
 is to be submitted shall consist [of] only [an abbreviated  title  indi-
 cating  generally  and briefly, and in a clear and coherent manner using
 words with common and every-day meanings,  the  subject  matter  of  the
 amendment,  proposition or question] OF THE FOLLOWING: (A) A DESCRIPTIVE
 TITLE OF UP TO FIFTEEN WORDS IN BOLD TYPE, WHICH  DESCRIBES  THE  TOPIC,
 GOAL,  OR OUTCOME OF THE BALLOT QUESTION IN PLAIN LANGUAGE; (B) THE TEXT
 OF THE QUESTION OF UP TO THIRTY WORDS, WRITTEN IN CLEAR, CONCISE,  PLAIN
 LANGUAGE  REASONABLY CALCULATED TO BE UNDERSTOOD BY SOMEONE WITH NO MORE
 THAN AN EIGHTH GRADE LEVEL OF READING COMPREHENSION AS DETERMINED BY THE
 AUTOMATIC READABILITY INDEX AS DEFINED IN SUBDIVISION FORTY  OF  SECTION
 1-104  OF  THIS CHAPTER; (C) A PLAIN LANGUAGE STATEMENT OF WHAT A YES OR
 NO VOTE MEANS IN UP TO THIRTY WORDS IN TOTAL, THAT IDENTIFIES THE  PRAC-
 TICAL  RESULTS  OF  EACH ELECTION RESULT AND NOT THE LEGAL MECHANISM FOR
 IMPLEMENTATION; AND (D) A FISCAL STATEMENT OF NO MORE  THAN  TWENTY-FIVE
 WORDS,  WHEN REQUIRED.   THE PROPOSED AMENDMENT, PROPOSITION OR QUESTION
 MAY CONSIST OF MULTIPLE SENTENCES. 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 [such
 abstract and] such form of submission, TO THE EXTENT  THAT  SUCH  ADVICE
 DOES  NOT  RESULT  IN  A  FORM THAT FAILS TO SATISFY THE REQUIREMENTS OF
 SUBDIVISION TWO OF THIS SECTION.
 S. 1381                             3
 
   § 3. Subdivision 2 of section 4-116 of the election law, as amended by
 chapter 60 of the laws of 1993, is amended to read as follows:
   2. The state board of elections shall publish once in the week preced-
 ing  any  election  at which proposed constitutional amendments or other
 propositions or questions are to be submitted to the voters of the state
 an abstract of such amendment or question, a brief statement of the  law
 or  proceedings  authorizing  such  submission,  a  statement  that such
 submission will be made and the  form  SATISFYING  THE  REQUIREMENTS  OF
 PARAGRAPH D OF SUBDIVISION ONE OF SECTION 4-108 OF THIS ARTICLE in which
 it  is  to be submitted.   NO LATER THAN TWO MONTHS PRIOR TO THE GENERAL
 ELECTION AT WHICH SUCH AMENDMENT,  PROPOSITION  OR  QUESTION  IS  TO  BE
 SUBMITTED,  SUCH INFORMATION SHALL BE PROMINENTLY DISPLAYED ON THE STATE
 BOARD OF ELECTIONS' WEBSITE AND ON THE WEBSITE OF EVERY COUNTY BOARD  OF
 ELECTIONS WHICH MAINTAINS A WEBSITE.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-S1381A (ACTIVE) - Details

See Assembly Version of this Bill:: A1722
Law Section:: Election Law
Laws Affected:: Amd §§4-108 & 4-116, El L
Versions Introduced in 2021-2022 Legislative Session:: A10708

2023-S1381A (ACTIVE) - Summary

2023-S1381A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1381A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to the form in which a
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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that proposed amendments and other questions submitted to a
statewide vote will be set forth on the ballot in plain, easily under-
stood language that identifies the practical impact of adopting or
rejecting the amendment or other measure and requires no more than an
eighth grade reading comprehension level.

 
SUMMARY OF PROVISIONS:

Section one adds four new subdivisions to section 4-108 of the election
law, which defines of the term "plain language" when applied to consti-

tutional amendments or other questions submitted to the voters. It also
specifies that the ballot language cannot have more than 1 sentence that
is a succinct summary of the change in policy, which describes the
topic, goal or outcome of the change.

It further requires the state board of elections to publicly release
proposed ballot language at least four months before the general
election at which the proposal will be submitted to the voters and to
give the public at least 15 days to submit comments. The board is
required to review and consider the comments received from the public
before finalizing the certified ballot language to be distributed to the
county boards of elections for inclusion on the ballot.

The bill requires the Attorney General of the State of New York must
identify recommendations in such plain language prior to being incorpo-
rated on the ballot. And the bill further amends election law to provide
detailed specifications for the form of the'ballot language by which
constitutional amendments or other questions are be submitted to the
voters. The ballot statement would be limited a total of 75 words: a
descriptive title of no more than 15 words, a statement of the question
presented in 30 words or less written to be understood by someone with
no more than an eighth grade reading comprehension as determined by the
ARI, and a plain language statement of no more than 30 words explaining
the practical impact of a yes or no vote, rather than a statement of the
legal mechanism implementing the provision if passed. If required, a
fiscal statement no longer than 25 words would be included. The attorney
general would continue to advise in the preparation of the statement by
which the amendment or question is presented to the voters, but cannot
specify changes which would result in a form that does not satisfy the
plain language requirements or the specific requirements set forth in
amended § 4-108.

In addition, the bill requires in addition to publishing the specified
information regarding the question(s) to be submitted to the voters, the
state board of elections and any county board of elections which main-
tains a public website should prominently display the same information

on their websites for no less than two months before the general
election in which the question is to be submitted to the voters.

 
JUSTIFICATION:

Voters frequently complain that the legal language by which proposed
constitutional amendments and other questions are submitted on the
ballot for voter approval are difficult to read and understand, even
though that language is supposed to be "clear and coherent." As a conse-
quence, many voters choose not to vote on the proposals because they do
not understand them. An assessment of the readability of two ballot
proposals submitted to the voters on the November 2021 ballot determined
that voters needed a college reading comprehension level to understand
the proposals. If voters cannot understand the text-or the implications
of the question-they cannot participate effectively.  The solution is
writing ballot questions in plain language.

According to the federal resource, plainlanguage.gov, language is plain
when people can find what they need, understand what they find, and use
it to meet their goals For a ballot question, this means that voters can
understand the practical outcomes of voting yes or no on a ballot ques-
tion and confidently vote their intent.

Plain language is feasible and tested in government materials, notably
for consumer contracts, mortgage disclosures, securities and exchange
filings, and medical information. It facilitates translation, making it
easier to create readable ballots in other languages or for voters with
lower English literacy to understand the text. It can increase trust by
helping voters feel confident that they can vote their intent and that
the question is not trying to trick them. And it can reduce litigation
(and associated costs) by making meaning clear.

Academic research shows that plain language helps voters. Research
establishes that voters recognize the difference between plain language
and traditional language ballots and prefer those written in plain
language. Voters vote more accurately and quickly on plain language
ballots and are more likely to complete the entire ballot.

Plain language can be measured and compliance can be enforced. There are
existing ways to measure how easy text is to read. These readability
scores measure the length and complexity of the text. The Automated
Readability Index (ARI) was chosen as a reliable and validated measure-
ment tool developed by federal agencies to assess technical text. It is
easier and more reliable to calculate than other readability measures.
It tests word complexity as letters per word, and sentence complexity as
the number of words in a sentence.  This is more reliable than relying
on the number of syllables in the text. Commonly understood legal terms
(like "Constitution") can be allowed and exempted from readability test-
ing through regulation that establishes an acceptable word list.

Specifying a required structure for the statement that will be included
on the ballot will provide consistency in what a vote means.  To make
every amendment or question proposed readily understandable, the state-
ment that appears on the ballot will describe the change, not the mech-
anism for change and will provide a clear statement of what voting Yes
or No means. While lawyers consistently refer to, and emphasize, the
legal mechanism for'the change, such descriptions have little meaning
for the typical voter. Similarly, avoiding double negatives and passive
sentences will help to make the proposed action and actors clear to the
voters, assisting voters in ascertaining and voter their intent.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1381A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1381--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, SKOUFIS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the election law, in relation to the  form  in  which  a
   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  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph d of subdivision 1 and subdivisions 2 and  3  of
 section  4-108  of  the  election  law, paragraph d of subdivision 1 and
 subdivision 2 as amended by chapter 136 of the laws of 1978 and subdivi-
 sion 3 as added by chapter 234 of the laws of 1976, are amended and four
 new subdivisions 4, 5, 6 and 7 are added to read as follows:
   d. In addition to the text, 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 ther-
 eof  in a clear and coherent manner using words with common and everyday
 meanings] IN PLAIN LANGUAGE.
   2. The form in which the proposed amendment, proposition  or  question
 is  to  be submitted shall consist [of] only [an abbreviated title indi-
 cating generally and briefly, and in a clear and coherent  manner  using
 words  with  common  and  every-day  meanings, the subject matter of the
 amendment, proposition or question] OF THE FOLLOWING: A.  A  DESCRIPTIVE
 TITLE  OF  UP  TO  FIFTEEN  WORDS,  WHICH  DESCRIBES THE TOPIC, GOAL, OR
 OUTCOME OF THE BALLOT QUESTION IN PLAIN LANGUAGE; B. A  SUMMARY  OF  THE
 TEXT  BALLOT  PROPOSAL OF UP TO THIRTY WORDS, WRITTEN IN PLAIN LANGUAGE,
 THAT DESCRIBES THE CHANGE IN POLICY TO BE  ADOPTED  AND  NOT  THE  LEGAL
 MECHANISM;  AND  C.  A STATEMENT OF WHAT A YES OR NO VOTE MEANS IN UP TO
 THIRTY WORDS WRITTEN IN PLAIN LANGUAGE  THAT  IDENTIFIES  THE  PRACTICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02790-03-3

 S. 1381--A                          2
 
 OUTCOME  OF  EACH  ELECTION  RESULT AND NOT THE LEGAL MECHANISM. 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 [such
 abstract and] such form of submission, AND SUCH RECOMMENDATIONS SHALL BE
 IN PLAIN LANGUAGE.
   4. A. THE STATE BOARD OF ELECTIONS SHALL PROMINENTLY  PUBLISH  ON  ITS
 WEBSITE  AT  LEAST  FOUR MONTHS PRIOR TO THE GENERAL ELECTION AT WHICH A
 BALLOT PROPOSAL SHALL APPEAR, THE PROPOSED FORM OF THE  BALLOT  PROPOSAL
 AND ABSTRACT. THERE SHALL BE A PUBLIC COMMENT PERIOD OF AT LEAST FIFTEEN
 DAYS  SUBSEQUENT  TO  SUCH PUBLICATION. THE STATE BOARD SHALL REVIEW AND
 CONSIDER PUBLIC COMMENTS BEFORE ADOPTING THE FINAL FORM  OF  THE  BALLOT
 PROPOSAL AND ABSTRACT.
   B.  THE STATE BOARD OF ELECTIONS SHALL ALSO PUBLISH ON ITS WEBSITE THE
 AUTOMATED READABILITY INDEX SCORE CALCULATED PURSUANT TO SUBDIVISION SIX
 OF THIS SECTION FOR EACH FORM OF QUESTION  AND ABSTRACT.
   THE SCORE SHALL REQUIRE NO HIGHER THAN AN EIGHTH GRADE  READING  LEVEL
 (A  SCORE  OF  8  ON  THE AUTOMATED READABILITY INDEX), UNLESS THE STATE
 BOARD OF ELECTIONS SHALL STATE THE BASIS FOR ITS DETERMINATION THAT  THE
 PLAIN LANGUAGE REQUIREMENTS OF THIS SECTION ARE MET.
   5.  FOR  THE  PURPOSES  OF THIS SECTION, PLAIN LANGUAGE SHALL MEAN THE
 FORM OF THE BALLOT PROPOSAL AND ABSTRACT:
   A. SHALL BE WRITTEN IN EASILY COMPREHENDED, CONCISE LANGUAGE;
   B. SHALL NOT CONTAIN MORE THE ONE PASSIVE SENTENCE;
   C. SHALL NOT USE SEMICOLONS, USING MULTIPLE  SENTENCES  AS  NECESSARY;
 AND
   D. SHALL NOT CONTAIN DOUBLE NEGATIVES.
   6. TO EVALUATE COMPLIANCE WITH THE PLAIN LANGUAGE REQUIREMENTS OF THIS
 SECTION, THE STATE BOARD OF ELECTIONS SHALL CALCULATE AN AUTOMATED READ-
 ABILITY  INDEX  SCORE,  SEPARATELY,  FOR  EACH  STATEWIDE FORM OF BALLOT
 PROPOSAL AND ABSTRACT.
   THE AUTOMATED  READABILITY INDEX SCORE SHALL BE  CALCULATED  ACCORDING
 TO THE FOLLOWING FORMULA:
   A. DIVIDE THE NUMBER OF CHARACTERS (EXCLUDING SPACES) BY THE NUMBER OF
 WORDS AND MULTIPLY THAT NUMBER BY 4.71;
   B.  DIVIDE THE NUMBER OF WORDS BY THE NUMBER OF SENTENCES AND MULTIPLY
 THAT NUMBER BY 0.5;
   C. ADD THE RESULTS OF PARAGRAPHS A AND B OF THIS SUBDIVISION.
   D. SUBTRACT 21.43 FROM THE RESULT OF PARAGRAPH C OF THIS PARAGRAPH AND
 ROUND TO THE NEAREST WHOLE NUMBER.
   7. NO SPECIFIC AUTOMATED READABILITY INDEX SCORE  SHALL  BE  REQUIRED;
 PROVIDED,  HOWEVER,  THE  BOARD  SHALL  USE  BEST EFFORTS TO SCORE AT AN
 EIGHTH GRADE READING LEVEL OR BELOW AND MEET  THE  DEFINITION  OF  PLAIN
 LANGUAGE  IN  SUBDIVISION  FIVE  OF THIS SECTION. IN ADDITION, THE BOARD
 SHALL EXPEND THEIR BEST EFFORTS NOT TO EXCEED THE WORD LIMITS IN  SUBDI-
 VISION  TWO OF THIS SECTION BUT MAY DO SO WHEN PLAIN LANGUAGE CLARITY IS
 IMPROVED THEREBY.
   § 2. Section 4-116 of the election law, is amended  by  adding  a  new
 subdivision 4 to read as follows:
   4. NO LATER THAN TWO MONTHS PRIOR TO THE GENERAL ELECTION AT WHICH ANY
 STATEWIDE  BALLOT  PROPOSAL  IS TO BE SUBMITTED TO THE PEOPLE, THE STATE
 BOARD OF ELECTIONS AND ALL LOCAL BOARDS OF ELECTIONS  SHALL  PUBLISH  ON
 THEIR  WEBSITES  THE  INFORMATION  REQUIRED  TO BE PUBLISHED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.
   § 3. This act shall take effect immediately.

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Senate Bill S1381A

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

James Skoufis

2023-S1381 - Details

2023-S1381 - Summary

2023-S1381 - Sponsor Memo

2023-S1381 - Bill Text download pdf

co-Sponsors

Robert Jackson

Rachel May

James Skoufis

2023-S1381A (ACTIVE) - Details

2023-S1381A (ACTIVE) - Summary

2023-S1381A (ACTIVE) - Sponsor Memo

2023-S1381A (ACTIVE) - Bill Text download pdf

Comments