N.Y. ELN Law § 4-108 — New York Code / Act ELN / Article 4 / Section 4-108
Certification of proposed constitutional amendments and questions
Status: in_force

§ 4-108. Certification of proposed constitutional amendments and\nquestions. 1. a. Whenever any proposed amendment to the constitution or\nother question provided by law to be submitted to a statewide vote shall\nbe submitted to the people for their approval, the state board of\nelections at least three months prior to the general election at which\nsuch amendment, proposition or question is to be submitted, shall\ntransmit to each county board of elections a certified copy of the text\nof each amendment, proposition or question and a statement of the form\nin which it is to be submitted.\n  b. Whenever any proposal, proposition or referendum as provided by law\nis to be submitted to a vote of the people of a county, city, town,\nvillage or special district, at an election conducted by the board of\nelections, the clerk of such political subdivision, at least three\nmonths prior to the general election at which such proposal, proposition\nor referendum is to be submitted, shall transmit to each board of\nelections a certified copy of the text of such proposal, proposition or\nreferendum and a statement of the form in which it is to be submitted.\nIf a special election is to be held, such transmittal shall also give\nthe date of such election.\n  c. Such certified copy shall set out all new matter in italics and\nenclose in brackets, [  ], all matter to be eliminated from existing\nlaw, and at the bottom of each page shall be appended the words:\n  Explanation: Matter in italics is new, to be added; matter in brackets\n[  ] is old law, to be omitted.\n  d. In addition to the text, such transmittal shall contain an abstract\nof such proposed amendment, proposition or question, prepared by the\nstate board of elections in plain language.\n  2. The form in which the proposed amendment, proposition or question\nis to be submitted shall consist only of the following: a. a descriptive\ntitle of up to fifteen words, which describes the topic, goal, or\noutcome of the ballot question in plain language; b. a summary of the\ntext ballot proposal of up to thirty words, written in plain language,\nthat describes the change in policy to be adopted and not the legal\nmechanism; and c. a statement of what a YES or NO vote means in up to\nthirty words written in plain language that identifies the practical\noutcome of each election result and not the legal mechanism. If more\nthan one such amendment, proposition or question is to be voted upon at\nsuch election, each such amendment, proposition or question respectively\nshall be separately and consecutively numbered.\n  3. The attorney general shall advise in the preparation of such form\nof submission, and such recommendations shall be in plain language.\n  4. a. The state board of elections shall prominently publish on its\nwebsite at least four months prior to the general election at which a\nballot proposal shall appear, the proposed form of the ballot proposal\nand abstract. There shall be a public comment period of at least fifteen\ndays subsequent to such publication. The state board shall review and\nconsider public comments before adopting the final form of the ballot\nproposal and abstract.\n  b. The state board of elections shall also publish on its website the\nAutomated Readability Index score calculated pursuant to subdivision six\nof this section for each form of question and abstract.\n  The score shall require no higher than an eighth grade reading level\n(a score of 8 on the Automated Readability Index), unless the state\nboard of elections shall state the basis for its determination that the\nplain language requirements of this section are met.\n  5. For the purposes of this section, plain language shall mean the\nform of the ballot proposal and abstract:\n  a. shall be written in easily comprehended, concise language;\n  b. shall not contain more the one passive sentence;\n  c. shall not use semicolons, using multiple sentences as necessary;\nand\n  d. shall not contain double negatives.\n  6. To evaluate compliance with the plain language requirements of this\nsection, the state board of elections shall calculate an Automated\nReadability Index score, separately, for each statewide form of ballot\nproposal and abstract.\n  The Automated Readability Index score shall be calculated according to\nthe following formula:\n  a. Divide the number of characters (excluding spaces) by the number of\nwords and multiply that number by 4.71;\n  b. Divide the number of words by the number of sentences and multiply\nthat number by 0.5;\n  c. Add the results of paragraphs a and b of this subdivision.\n  d. Subtract 21.43 from the result of paragraph c of this paragraph and\nround to the nearest whole number.\n  7. No specific Automated Readability Index score shall be required;\nprovided, however, the board shall use best efforts to score at an\neighth grade reading level or below and meet the definition of plain\nlanguage in subdivision five of this section. In addition, the board\nshall expend their best efforts not to exceed the word limits in\nsubdivision two of this section but may do so when plain language\nclarity is improved thereby.\n  8. Notwithstanding any other provision of this chapter or other law to\nthe contrary, the form in which a proposed amendment to the constitution\nshall be submitted, and the abstract thereof, may be determined as part\nof the concurrent resolution for the submission of such amendment, and\nabstract thereof, to the people, or the form of submission and abstract\nthereof may be determined in a separate concurrent resolution adopted by\nboth houses of the legislature at least one hundred twenty days prior to\nthe general election at which such amendment shall be submitted. The\nlegislature, in determining the form of submission and abstract under\nthis subdivision, shall use best efforts to comply with the plain\nlanguage requirements of subdivisions two and five, and shall further\nuse best efforts for such submission and abstract to score at an eighth\ngrade reading level or below as determined by the Automated Readability\nIndex score as calculated under subdivision six of this section, or\nother comparable tool to evaluate reading levels. Provided, however, no\nspecific Automated Readability Index score shall be required. Such form\nof submission and abstract determined in the manner provided for by this\nsubdivision shall be transmitted by the state board of elections as\notherwise provided in this chapter without amendment or alteration,\nexcept that the state board of elections may assign to such proposed\namendment the ballot order number applicable thereto.\n