Common Cause/NY Urges Gov. Hochul To Educate NYers About Abortion-Related Proposal 1 On This Year's Ballot

NEW YORK, NY (09/05/2024) (readMedia)-- Yesterday, Common Cause New York sent a letter to Governor Kathy Hochul urging her to do more to educate New Yorkers about Proposal One, which will appear on all New York ballots this November. Proposal One will ask voters to either affirm or deny the Equal Rights Amendment, which lawmakers wrote explicitly to enshrine the right to abortion in the state constitution - but the ballot text inexplicably makes no mention of the term. Read the full letter below and attached.

In the letter, Common Cause/NY Executive Director Susan Lerner states that, "it is [Governor Hochul's] responsibility to ensure New Yorkers understand what they are asked to vote on. With two months before voters head to the polls, and no immediate legal remedy for the issue, your office must do more to educate voters and dispel misinformation on the issue."

The letter specifically urges the Governor to leverage the state's communications modalities - including digital billboards, direct-to-voter communication and access to the press - to inform voters using the same, simple language that Attorney General Letitia James' office has recommended to describe the proposal.

Background

Last month, Lerner penned an op-ed in the New York Daily News that urged the State to add the word "abortion" to the ballot proposal, stating that "Shying away from the 'A-word' does not help voters. It leads them astray - and that only sows more confusion and doubt that they are being tricked by politicians with unclear motives."

The sponsors of both the Equal Rights Amendment and New York's plain language law have urged state election officials to amend the ballot proposal language to make it clearer for voters. In July, Senator Liz Krueger, sponsor of the antidiscrimination amendment, sent a letter signed by 31 other State Senators to the Board of Elections that, "urge[d] the BOE Commissioner to revise the draft ballot language to clearly and accurately describe the practical impact of the amendment" in accordance with the state's plain language requirement.

Senator Leroy Comrie similarly urged the Board to amend the ballot proposal, stating in written comments to the Board that the current language, "violates the [plain language] law by describing the change in terms of the legal mechanism, an express prohibition we put in place which does not serve voters and could lead to more confusion."

Letter to Governor Hochul On New York's Proposal One

To: Governor Hochul

From: Common Cause New York

RE: Better Education Needed for NY's Proposal One

Dear Governor Hochul,

Common Cause/NY writes to urge you to use the power of the Governor's office to effectively educate New Yorkers on Proposal 1. This Proposal will appear on all New York ballots this November and seeks to enshrine the right to abortion into the state constitution - but inexplicably makes no mention of the term.

Proposal 1 will ask voters to either affirm or deny the Equal Rights Amendment, which lawmakers wrote explicitly to enshrine the right to abortion in the state constitution. But the current text of the language that will appear on the ballot, written in standard legalese, refers only to "pregnancy outcomes," a confusing term that obscures the intent of the proposal. The current language is also in open violation of New York's plain language law, which you championed and signed last year, that requires any ballot language be written at an 8th grade reading level or below so voters can understand what is being asked of them.

Lawmakers and advocates have fought tirelessly to force New York's Board of Elections to rewrite the ballot proposal to satisfy the readability standard, but the Albany County Supreme Court's decision last month means that Proposal 1 will require a college level reading ability to be understood as written on this November's ballot. As New York's top elected official, it is your responsibility to ensure New Yorkers understand what they are asked to vote on. With two months before voters head to the polls, and no immediate legal remedy for the issue, your office must do more to educate voters and dispel misinformation on the issue.

The Court's decision that it cannot impose new ballot language does nothing to prevent the Executive from communicating in clear terms what Proposition 1 is about. Your office can, and should, mobilize the vast communication modalities of the state - including digital billboards and direct-to-voter communication - to inform voters using the same, simple language that Attorney General Letitia James' office has recommended. That includes coordinating with local elected leaders in New York City and statewide to leverage governmental resources, such as Link NYC stations, to explain the proposal to voters. And it means that you, as Governor, must engage with the press to state in the clearest terms that Proposition 1 is a referendum on abortion.

New York's plain language law was a monumental achievement for reducing obstacles to voting, but now voters are again at risk. Regardless of whether voters support or oppose this proposal, they should know exactly what they're being asked to vote on. We look forward to helping educate voters with you, and thank you for your leadership on this issue.

Sincerely,

Susan Lerner

Executive Director, Common Cause New York