Common Cause/NY to NYSBOE: Ballot Language MUST BE at an 8th Grade Reading Level

NEW YORK, NY (07/25/2024) (readMedia)-- Today, Common Cause New York submitted public comment to the New York State Board of Elections to simplify the proposed ballot language for proposition #1 on the 2024 November ballot. Common Cause/NY spearheaded the push for the Plain Language Bill, which requires that any language on a ballot be at an 8th grade reading level or lower so voters can easily understand the text. Right now, the BOE is considering langague that is significantly above that level.

"We hope the NYSBOE listens and responds to the feedback from advocates and everyday New Yorkers who want straightforward language on the ballot, so they feel comfortable and confident in what they are voting on. It is vital the NYSBOE makes a good faith attempt to meet the new standards in its inaugural implementation year so as to set a high standard moving forward," Common Cause/New York writes in their testimony.

SEE FULL TESTIMONY BELOW:

COMMON CAUSE NEW YORK'S WRITTEN PUBLIC COMMENT ON THE 2024 STATEWIDE BALLOT PROPOSAL #1

Submitted to the NYS Board of Elections

July 25, 2024

Last year, Common Cause New York fought hard to pass S1381A (Comrie)/A1722B (Zinerman) that would finally bring New York's ballot measures into the 21st century by dramatically simplifying the language for statewide ballot proposals. The bill passed both houses unanimously and was signed into law by Governor Hochul. This is the first year it's being implemented.

Previously, the law required that ballot measures be "clear and coherent", but voters complained that what appears on the ballot is confusing and full of legalese. Making sure that voters can understand the description on the ballot will make it easier to pass the measures the Legislature places before the voters. Voters who don't understand what they are asked to vote on, often do not vote on the measure at all or vote against it.

This new law sets two essential guidelines for all future ballot measures:

• Set clear standards for readability and uniformity
  Previously, ballot proposals have required that voters read at a college level - or higher - in order to understand the proposal. The law sets the goal that language on the ballot would be no more complicated than an 8th grade reading level.

• Ballot questions are simplified
  A vote for or against the ballot measure would always have to be posed as an easy-to-understand Yes or No format. The law also requires a public comment period before the ballot language is finalized to allow advocates and New Yorkers an opportunity to weigh in on language clarity and any potential readability issues before the New York State Board of Elections (NYSBOE) votes to finalize the language before an election.

Unfortunately, the NYSBOE has failed to meet both the spirit and intent of the law by proposing language that is currently at college grade reading levels far exceeding the statutory goal of an 8th grade reading level. The NYSBOE has failed to provide a valid explanation for why its proposed language does not satisfy the 8th grade reading level requirement. Instead, the NYSBOE has imposed a mythical requirement that the ballot language must be exactly the same as the language of the constitutional amendment, flaunting the clear intent of the new law to allow drafting flexibility in service of readability.

The NYSBOE's proposed language also explicitly violates Section 2 of the law by describing the ballot proposal change in terms of its legal mechanism. The current proposed language for the text of the proposal frames the Yes or No vote as follows:

A "YES" vote puts these protections against discrimination in the New York State Constitution.

A "NO" vote leaves these protections out of the State Constitution.

The current proposed language explicitly deploys the legal mechanism language by framing the change as the inclusion or exclusion of these protections in New York's Constitution and is a clear violation of law.

Our colleagues at the Center for Civic Design, national experts on plain language and readability, have made a series of excellent suggestions in their public comment on how to amend the current language to align it to both the letter and spirit of the law.

We hope the NYSBOE listens and responds to the feedback from advocates and everyday New Yorkers who want straightforward language on the ballot, so they feel comfortable and confident in what they are voting on. It is vital the NYSBOE makes a good faith attempt to meet the new standards in its inaugural implementation year so as to set a high standard moving forward.