S T A T E O F N E W Y O R K
________________________________________________________________________
5138
2025-2026 Regular Sessions
I N A S S E M B L Y
February 12, 2025
___________
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.
LBD08499-01-5
A. 5138 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. 5138 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.