N.Y. Election Law § 4-108: Certification of proposed constitutional amendments and questions

§ 4-108. Certification of proposed constitutional amendments and

questions. 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

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.

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 three

months prior to the general election at which such proposal, proposition

or referendum 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 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, such transmittal shall contain an abstract

of such proposed amendment, proposition or question, prepared by the

state board of elections in plain language.

2. The form in which the proposed amendment, proposition or question

is to be submitted shall consist only 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

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 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

Readability 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

subdivision two of this section but may do so when plain language

clarity is improved thereby.

8. Notwithstanding any other provision of this chapter or other law to

the contrary, the form in which a proposed amendment to the constitution

shall be submitted, and the abstract thereof, may be determined as part

of the concurrent resolution for the submission of such amendment, and

abstract thereof, to the people, or the form of submission and abstract

thereof may be determined in a separate concurrent resolution adopted by

both houses of the legislature at least one hundred twenty days prior to

the general election at which such amendment shall be submitted. The

legislature, in determining the form of submission and abstract under

this subdivision, shall use best efforts to comply with the plain

language requirements of subdivisions two and five, and shall further

use best efforts for such submission and abstract to score at an eighth

grade reading level or below as determined by the Automated Readability

Index score as calculated under subdivision six of this section, or

other comparable tool to evaluate reading levels. Provided, however, no

specific Automated Readability Index score shall be required. Such form

of submission and abstract determined in the manner provided for by this

subdivision shall be transmitted by the state board of elections as

otherwise provided in this chapter without amendment or alteration,

except that the state board of elections may assign to such proposed

amendment the ballot order number applicable thereto.