Bill S5959-2013

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

Provides that the language used in a proposed amendment, proposition or question to be submitted to the people for approval shall be in the legislation authorizing such submission.

Details

Actions

  • Jun 23, 2014: referred to election law
  • Jun 20, 2014: DELIVERED TO ASSEMBLY
  • Jun 20, 2014: PASSED SENATE
  • May 7, 2014: ADVANCED TO THIRD READING
  • May 6, 2014: 2ND REPORT CAL.
  • May 5, 2014: 1ST REPORT CAL.498
  • Jan 8, 2014: REFERRED TO ELECTIONS
  • Oct 18, 2013: REFERRED TO RULES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Elections - May 5, 2014
Ayes (9): O'Mara, Ball, Gallivan, Marchione, Nozzolio, Savino, Tkaczyk, Dilan, Krueger

Memo

BILL NUMBER:S5959

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:

This bill would ensure that the same language to be printed on the ballot for public referendum be included in the enabling legislation.

JUSTIFICATION:

During the 2013 legislative session, final approval of enabling legislation was granted for a casino gambling referendum to be placed on the ballot and decided by the voters in November of 2013. Due to existing law which does not require that the same referendum language which is to appear on the ballot be included in the enabling legislation, it was not included by the Legislature. Several organizations subsequently objected to the referendum language which was approved by the State Board of Elections and ultimately challenged that language in the Courts. This legislation would require that the same referendum language to be printed on the ballot must be included in the proposed enabling legislation.

EXISTING LAW:

Current law requires only that "an abbreviated title indicating generally and briefly, in a clear and coherent manner using words with common and every-day meanings, the subject matter of the amendment, proposition or question". This bill will require that the same referendum language be included in the legislation which seeks the public referendum.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5959 2013-2014 Regular Sessions IN SENATE October 18, 2013 ___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. SUCH FORM OF SUBMISSION SHALL BE SET FORTH IN THE LEGISLATION AUTHORIZING THE SUBMISSION OF SUCH AMENDMENT, PROPOSI- TION OR QUESTION TO THE PEOPLE FOR THEIR APPROVAL. 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 sepa- rately and consecutively numbered. S 2. Subdivision 3 of section 4-108 of the election law is REPEALED. S 3. This act shall take effect immediately.

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