2023 New York Laws › ELN - Election › Article 4 - Proceedings Preliminary to Registration, Enrollment and Elections › 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.