This week, New York state Board of Elections Commissioners approved the ballot language for a Constitutional amendment that will appear before voters this fall. But some supporters of the proposal to add anti-discrimination and health care autonomy provisions are concerned that the wording fails to meet plain language requirements.
Proposition 1 has passed two state legislatures in Albany and will now go before voters in November. Also known as the Equal Rights Amendment, the measure adds anti-discrimination and reproductive health care autonomy provisions to New York’s constitution.
Common Cause New York has not taken a position on the proposition itself. Executive Director Susan Lerner is criticizing commissioners, saying they violated the state’s Plain Language Law that requires ballot language be no more complex than an 8th grade reading level.
“This language is college level. So right away they’ve just blown past the law as if it doesn’t exist,” Lerner says. “They were provided with numerous examples of different ways, words and language that goes on the ballot that was no more complex than an 8th grade or at worst the 9th grade reading level. And it looks like they didn’t even try to comply with the law.”
During deliberations, Board of Elections Commissioner Anthony Casale argued that the legislature could have set the language of the proposed amendment.
“The legislature could have prescribed the exact wording of the proposition and they did not do so,” Casale noted. “The proposed language of the proposition mirrors very closely the language of the statute and the language of the statute becomes part of the New York state Constitution.”
The League of Women Voters of New York State supports the proposition, which has survived several court challenges. Executive Director Erica Smitka says the state constitution currently only protects from discrimination for race and religion and it is critical to codify protections for other classes. She is dismayed that no changes were made to the proposition’s ballot language.
“We’d love to see language that New Yorkers are more familiar with,” Smitka explains.
“So words like abortion or LGBTQ or LGBT. Someone going to vote might not have a clear understanding of everything that the words sexual orientation encompasses, but studies show that many, many more folks are familiar with that colloquial term LGBT. So we would love to see the amendment clearly state that this Constitutional amendment would provide protections for abortion as well as LGBT rights.”
New York State Catholic Conference Director of Government Relations Kristen Curran contends the proposition is frivolous and unnecessary.
“Abortion is legal in New York up until the moment of birth and absent a complete sea change in the political makeup of the state that’s going to remain the same,” says Curran. “Really almost what’s of greater concern for us really from the parent’s rights standpoint and the addition of age as a protected class completely undermining the rights of parents to make decisions for their children. And we feel it’s clearly just being done to score political points.”
Board of Elections commissioners voted unanimously to approve the language and place Proposition 1 on the November ballot.
