BOE votes to approve misleading ballot language for redistricting amendment

ALBANY, NY (08/01/2014)(readMedia)-- Today the New York State Board of Elections voted to approve edits to the Attorney General's suggested language for the redistricting ballot amendment. The edits were submitted by Commissioner Andy Spano, on behalf of Citizens Union and the League of Women Voters. The final language is as follows (additions in italics, and subtractions in bold):

"The proposed amendment to sections 4 and 5 and addition of new section 5-b to Article 3 of the State Constitution revises the redistricting procedure for state legislative and congressional districts. The proposed amendment establishes an independent redistricting commission every 10 years beginning in 2020, with two members appointed by each of the four legislative leaders and two members selected by the eight legislative appointees; prohibits legislators and other elected officials from serving as commissioners; establishes principles to be used in creating districts; requires the commission to hold public hearings on proposed redistricting plans; subjects the commission's redistricting plan to legislative enactment; provides that the legislature may only amend the redistricting plan according to the established principles if the commission's plan is rejected twice by the legislature; establishes the Legislature as the default redistricting body if the commission's plan is not legislatively enacted; provides for expedited court review of a challenged redistricting plan; and provides for funding and bipartisan staff to work for the commission. Shall the proposed amendment be approved?"

According to Commissioner Spano, the sticking point was the word "default", in describing how the maps will ultimately be determined. The Commission ignored Common Cause/NY's objection to the description of the legislatively-appointed commission as "independent."

Earlier this week, a coalition of good government advocates (including Common Cause/NY, NYPIRG, and EffectiveNY), civil rights groups, and environmentalists called for neutral language and submitted a suggested draft:

"The proposed amendment to Article 3 of the Constitution would allow New York State's legislative leaders to appoint a bipartisan commission to establish new state legislative and congressional district lines every ten years pursuant to stated criteria with final approval by the Legislature. Shall the amendment be approved?"

Susan Lerner, Chair of No To Fake Redistricting Reform, blasted the Board's decision:

"This language is intended to be confusing and misleading, which is in direct violation of the statutory directive to offer a "concise" explanation. Moreover, the Board rejected the Attorney General's superior alternative, with no discussion or explanation for its decision. When they go to the polls in November, voters will unfortunately be subjected to another year of political manipulation."

Background

In the past, the Board of Elections has adopted ballot descriptions which were considered to describe the referendum on the ballot in a way that was not purely factual, but included arguments in favor of passage. Last year, the state Board of Elections was widely criticized for the language which appeared on the ballot describing the proposed gambling amendment, which was placed before the voters last November.