NY State Senate Bill 2021-S3780

Senate Bill S3780

2021-2022 Legislative Session

Provides that the text to be used in a proposed amendment, proposition or question to be submitted to the people for approval shall be in the legislation proposing such amendment; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

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
Jan 05, 2022	referred to elections
Jan 30, 2021	referred to elections

2021-S3780 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §4-108, rpld §4-108 sub 3, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4757
2019-2020: S2016
2023-2024: S1511

2021-S3780 (ACTIVE) - Summary

Provides that the text to be used in a proposed amendment, proposition or question to be submitted to the people for approval shall be in the legislation proposing such amendment, proposition or question and shall not be altered without approval by the legislature.

2021-S3780 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3780

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the election law, in relation to language used in a
proposed amendment, proposition or question to be submitted to the
people for their approval; and to repeal certain provisions of such law
relating thereto

 
PURPOSE:

To ensure that proposed amendments, propositions or questions placed
before voters contain language agreed upon by the Legislature and the
Executive. Additionally, the agreed text to be placed before voters
cannot be altered without the approval of the Legislature.

 
SUMMARY OF PROVISIONS:

This bill changes the process by which the language used in amendments,
propositions or questions is presented to voters. It states that any

legislation enacting any of the aforementioned must contain the exact
language that is to be used on ballots submitted to voters for their
consideration. If any changes to the text are proposed after the legis-
lation has been signed into law those changes must be re-approved by the
Legislature.

The attorney general would no longer advise in the preparation of the
text of amendments, propositions or questions.

 
JUSTIFICATION:

Currently, language used in amendments, propositions or questions
submitted before the voting public are subject to influence by the Exec-
utive. This was evidenced in 2013 when the text of the constitutional
amendment to allow for casino gaming mirrored the comments of the gover-
nor and other proponents of such amendment.

This bill would allow for an objective process whereby the language to
be used in an amendment, proposition or question submitted before voters
will be included in the bill text of the legislation calling for such
action.  This will limit the amount of influence that the language of
the text used in an amendment, proposition or question has when being
considered by voters.

 
LEGISLATIVE HISTORY:

2019-20 - S. 2016 - Elections Committee.

2018 - S. 4757 - Passed Senate/A. 8392 - Election Law Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

2021-S3780 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3780
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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  language  used  in  a
   proposed  amendment,  proposition  or  question to be submitted to the
   people for their approval; and to repeal certain  provisions  of  such
   law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 4-108  of  the  election  law,  as
 amended  by  chapter  136  of  the  laws  of 1978, is amended to read as
 follows:
   2. The form in which the proposed amendment, proposition  or  question
 is to be submitted shall consist of only an abbreviated title indicating
 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. THE TEXT OF THE AMENDMENT, PROPOSITION OR QUES-
 TION TO BE SUBMITTED TO THE PEOPLE FOR THEIR APPROVAL PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION SHALL BE INCLUDED IN THE TEXT OF  THE  LEGIS-
 LATION  PROPOSING  SUCH  AMENDMENT, PROPOSITION OR QUESTION. THE TEXT OF
 SUCH PROPOSED AMENDMENT, PROPOSITION OR QUESTION TO BE SUBMITTED TO  THE
 PEOPLE  FOR  THEIR APPROVAL SHALL NOT BE ALTERED WITHOUT THE APPROVAL OF
 THE LEGISLATURE. If more than one such amendment, proposition  or  ques-
 tion is to be voted upon at such election, each such amendment, proposi-
 tion  or  question  respectively  shall  be separately and consecutively
 numbered.
   § 2. Subdivision 3 of section 4-108 of the election law is REPEALED.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03982-01-1

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