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S 10639

Relates to the form of submission and abstract for proposed amendments to the constitution

2025 Regular Session Introduced by Mike Gianaris

The bill lets the Legislature set the form and abstract of constitutional amendments via concurrent resolutions (or separate ones) at least 120 days before the election, prioritizi

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Bill Summary · S 10639

Summary of S.10639 (2025-2026) – Relates to the form of submission and abstract for proposed amendments to the constitution (New York)

Purpose and intent

  • This bill authorizes how the form of submission and the abstract for proposed constitutional amendments can be determined.
  • Specifically, it allows the form and abstract to be set either:
    • as part of the concurrent resolution that solicits the amendment to the people, or
    • in a separate concurrent resolution adopted by both houses.
  • The determination must occur at least 120 days before the general election at which the amendment will be submitted.

Key provisions and changes

  • Amends Election Law Section 4-108 by adding a new subdivision 8 with these main elements:
    • The form of submission and the abstract for a proposed constitutional amendment may be determined in a concurrent resolution for submission, or in a separate concurrent resolution, both adopted by the Legislature's both houses.
    • Timing: must be adopted at least 120 days prior to the general election when the amendment is to be submitted.
    • Readability and plain language requirements:
    • The Legislature should use its best efforts to comply with plain language requirements (as per subdivisions two and five of the same section).
    • The abstract and submission form should, to the extent possible, be written to score at an eighth-grade reading level or below, using the Automated Readability Index or a comparable tool. The bill clarifies that no specific ARI score is mandated, but readability should be prioritized.
    • Transmission: The State Board of Elections will transmit the determined form and abstract as otherwise provided in the chapter, with no amendments or alterations, except the Board may assign to the proposed amendment the ballot order number applicable thereto.
  • Effective date and applicability:
    • The act takes effect immediately.
    • Applies to all concurrent resolutions proposing amendments achieving first passage in the 2025-2026 legislative session, and to concurrent resolutions agreed to by the Legislature thereafter.
    • Excludes concurrent resolutions proposing amendments that achieved first passage in the 2023-2024 session.

Who/what is affected

  • State government and lawmakers: The form and abstract for constitutional amendments to be placed before voters can be determined by the Legislature through concurrent resolutions, subject to readability criteria.
  • State Board of Elections: Responsible for transmitting the chosen form and abstract to the public ballot without alteration (aside from potentially assigning ballot order).
  • Voters: The form and abstract presented on ballots will be shaped under the new requirements, potentially impacting how clearly and at what reading level the information is communicated.

Procedural and timeline aspects

  • Timing requirement: Form/abstract decisions must be made at least 120 days before the general election for the amendment.
  • Process: Could be established within the concurrent resolution proposing the amendment or via a separate concurrent resolution, with both requiring passage by both houses.
  • Immediate effect: The bill is effective upon enactment, applying to amendments moving through the 2025-2026 session and thereafter.
  • Exemption: Does not apply to amendments that achieved first passage in the 2023-2024 session.

Practical impact

  • Aims to standardize and potentially improve the clarity and readability of constitutional amendment submissions.
  • Gives the Legislature flexibility in deciding how to present amendments, while emphasizing plain language and accessibility.
  • The readability goal (targeting eighth-grade level) could influence drafting practices and the presentation of amendment summaries to voters.

If you’d like, I can provide a side-by-side comparison with current law to highlight exact changes.

Compiled from official sources — confirm details with the bill’s official record.

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