New Law Gives New York State Legislature the Ability to Write Ballot Language for Referenda on Constitutional Amendments
By: Joseph T. Burns and Sophia Moses
On June 5, 2026, New York Governor Kathy Hochul signed bill A11557/S10639 into law. This measure vests the state legislature with the authority to determine the final form in which proposed constitutional amendments are presented to voters on the ballot.
Previously, this responsibility was delegated to the bipartisan New York State Board of Elections. Under this longstanding practice, constitutional amendments to be voted on in a referendum were sent to the state attorney general, who would make language recommendations to the State Board of Elections. A mandated public comment period followed, after which the bipartisan NYSBOE commissioners would review and consider all recommendations before making a final determination on the ballot measure’s form and language.
This structure was designed to ensure that ballot descriptions provided a neutral and accurate assessment of the constitutional amendment voters were asked to ratify. However, this new measure reallocates this responsibility to the legislature, allowing it to both adopt the amendment and choose how it is explained to voters.
In a July 6, 2026, letter to Governor Hochul’s office, the two Republican commissioners of the State Board of Elections criticized this change by saying it “allows the state legislature to undermine the bipartisan nature of election administration” in New York. The commissioners emphasized that allowing the partisan body that proposed the constitutional amendment to determine how it is presented to voters creates a clear conflict of interest. They predicted that this change would “lead to slanted language attempting to push New Yorkers into voting a certain way rather than allowing voters to make an informed choice based on balanced information.”
In their letter, the commissioners indicated that this effect was, in fact, the intended outcome. Referring to a statement given to Politico on June 2, they highlighted that the bill’s Senate sponsor, Deputy Majority Leader Michael Gianaris, said:
“The voters of this state have elected Democrats to overwhelming majorities in both houses. Why should the Republican party have 50 percent of the say in what legislative proposals look like on the ballot?”
Under this change, the legislature is required to use "best efforts” to ensure that both the form of submission and the abstract of the proposed constitutional amendment conform to its plain language. Moreover, the legislature must use “best efforts” to ensure that each submission and abstract scores at or below an eighth grade reading level. After the legislature makes these determinations, the State Board of Elections must place the proposed constitutional amendment on the ballot without any alteration.
This direct handoff eliminates the usual public comment period. What is noteworthy about this change is that noteworthy constitutional amendments are expected to be presented to New York voters in the near future. For instance, in 2027, voters may be asked to approve a constitutional amendment that would remove the anti-partisan gerrymandering provisions of the state constitution.
The law making this change took effect immediately upon its signing on June 5. As a result, all future constitutional amendments sent to the voters for approval will be subject to this new provision.
