State Democracy Research Initiative
University of Wisconsin Law School

NEW YORK

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In New York, legislatively referred amendments are the only available form of statewide direct democracy. New York is distinctive in that once an amendment is first proposed by the legislature, it is referred to the Attorney General for a written opinion on the amendment’s effects; it must then be approved by two consecutive General Assemblies, and only then is it submitted to New York voters in a general election. With the advice of the Attorney General, the State Board of Elections prepares the ballot language as well as an abstract explaining the amendment’s purpose and effect. The ballot form or the abstract may be contested by any person eligible to vote on the amendment.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in New York

New York does not have initiatives or veto referendums but has legislatively referred amendments.

X Initiatives – Statutory

X Initiatives – Constitutional

X Veto Referendums

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by New York voters. NY Const. art. XIX, § 1.

Election Timing

New York provisions require that legislatively referred amendments be submitted to voters at general elections. Under the New York Constitution, after an amendment is first proposed in either house of the legislature, it is referred to the Attorney General. Within 20 days, the Attorney General must render an opinion to both houses “as to the effect of such amendment or amendments upon other provisions of the constitution.” NY Const. art. XIX, § 1. Thereafter, the proposed amendment is voted upon and must be approved by a majority of the members elected to each house. See id. The proposed amendment is then referred to, and must be approved by, a majority of the members elected to the next consecutive legislature. See id.

After approval by two consecutive legislatures, the amendment is referred to voters “in such manner and at such times as the legislature shall prescribe.” Id. New York statutes provide that a constitutional amendment is to be submitted to voters at a general election. See N.Y. Elec. Law § 4-108.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a proposed constitutional amendment in New York must display the following.

  • Abbreviated ballot title. Y. Elec. Law § 4-108(2).
    • The title must indicate “generally and briefly, in a clear and coherent manner using words with common and every-day meanings, the subject matter of the amendment.”
    • The title is prepared by the State Board of Elections, but the Attorney General must advise in the preparation. sub. (3).
  • Instructions on how to vote on the question, which must indicate that if the voter makes a mistake or want to change their vote, they may ask a poll worker for a new ballot. Y. Elec. Law § 7-104(15).
  • If the question appears on the back of the ballot, the front of the ballot must include words or a symbol to indicate that the voter should turn the ballot over. sub. (16).

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

New York law requires several publications pertaining to proposed constitutional amendments. The state constitution requires that a proposed amendment be published after its initial approval by a General Assembly. NY Const. art. XIX, § 1. The Secretary of State must publish the resolution once a month for three months before the next General Assembly is chosen, in a newspaper in each county. See N.Y. Elec. Law § 4-116(1).

In the week before the election, the State Board of Elections must make a publication containing the following information, in one newspaper of general circulation in each county. Id. sub. (2)-(3).

  • An abstract of the amendment. N.Y. Elec. Law § 4-116(2).
    • The abstract is prepared by the State Board of Elections, with the advice of the Attorney General, and is discussed in further detail below. § 4-108(1)(d), (3).
  • A brief statement of the law or proceedings authorizing the submission to voters. § 4-116(2).
  • The ballot form. § 4-116(2).

New York law also requires that a sample ballot be mailed to each eligible voter within three days of the elections or published within one week of the election in newspapers or on the local board of election’s website. See N.Y. Elec. Law § 7-118.

Voter Information Pamphlet

As noted, the State Board of Elections—with the advice of the Attorney General— must prepare an abstract of each proposed constitutional amendment, which is included in a pre-election publication. N.Y. Elec. Law §§ 4-116(2), 4-108(1)(d), (3). The abstract must concisely state the purpose and effect of the amendment in a clear and coherent manner, using words with common and everyday meanings. Id. § 4-108(1)(d). Beyond this published abstract, New York does not require a state voter information pamphlet for ballot measures.

JUDICIAL REVIEW

When and how can the court step in?

Pursuant to New York statutes, the ballot form or the abstract may be contested by any person eligible to vote on the amendment. See N.Y. Elec. Law § 16-104(2). The proceeding must be brought within 7 days after the last day to certify the wording of the ballot form and abstract, and if possible, a final order must be made at least five weeks before the election. See id. sub. (3); § 4-108.

Sample case: Leib  v. Walsh, 992 N.Y.S.2d 637 (N.Y. Sup. Ct. 2014) (in an action challenging the ballot form and abstract pertaining to a proposed amendment on redistricting, finding that using the word “independent” to describe the redistricting commission was misleading, and directing the State Board of Elections to omit the word “independent” from both the ballot form and abstract.)