New York Proposal 1, Equal Protection of Law Amendment (2024)
| New York Proposal 1 | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Constitutional rights | |
| Status | |
| Type Constitutional amendment | Origin State legislature |
New York Proposal 1, the Equal Protection of Law Amendment, was on the ballot in New York as a legislatively referred constitutional amendment on November 5, 2024. The ballot measure was approved.
A "yes" vote supported adding language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." |
A "no" vote opposed adding language to the New York Bill of Rights to provide that people cannot be denied rights based on their "ethnicity, national origin, age, and disability" or "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." |
Election results
See also: Results for abortion-related ballot measures, 2024
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New York Proposal 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
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4,757,097 | 62.47% | ||
| No | 2,857,663 | 37.53% | ||
Overview
What did this ballot measure add to the New York Constitution?
- See also: Constitutional changes
The ballot measure amended the Equal Protection Clause of the New York Constitution to prohibit a person's rights from being denied based on the person's "ethnicity, national origin, age, [and] disability," as well as the person's "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."[1]
As of 2024, the Equal Protection Clause prohibited the denial of rights to a person based on "race, color, creed, or religion."[1]
Do other states have similar provisions in their constitutions?
- See also: State-level Equal Rights Amendments
As of 2024, 29 state constitutions contained provisions that guarantee equal rights either in their original text or added later as an amendment. The last state to adopt an equal rights provision in their state constitution was Nevada in 2022 when voters passed Question 1.[2]
What were the arguments for and against this amendment?
- See also: Support and Opposition
In support of the amendment, Planned Parenthood of Greater New York said, "The ERA would upgrade the state’s constitution to explicitly prohibit discrimination by the government based on a person’s ethnicity, national origin, age, disability, and sex — including their sexual orientation, gender identity, gender expression, pregnancy and pregnancy outcomes. The second passage of the ERA is an important step toward protecting reproductive rights and access in New York following the U.S. Supreme Court’s wrongful decision to end the federal constitutional right to abortion, established by Roe v. Wade."[3]
In opposition to the amendment, State Sen. George Borrello (R) said, "Unfortunately, like so many pieces of legislation, it goes too far. It's very vague, it's very broad. In the end, my biggest concern is it will codify late-term abortions into the New York state constitution."[4]
How did this measure get on the ballot?
- See also: Path to the ballot
In New York, a constitutional amendment needs to be passed in both chambers of the state legislature in two consecutive sessions in order to be referred to the ballot.[5]
On July 1, 2022, the New York State Senate introduced the amendment. It passed on the same day by a vote of 49-14. The bill was then transferred to the New York Assembly on the same day, where it passed by 95-45 vote.[5]
The amendment was then introduced in the next legislative session in 2023. On January 24, 2023, it passed the Senate by 43-20. On the same day, it passed the Assembly by 97-46. The measure was then referred to the ballot.[5]
Text of measure
Ballot title
The ballot title was as follows:[6]
| “ |
This proposal would protect against unequal treatment based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. It also protects against unequal treatment based on reproductive healthcare and autonomy. A "YES" vote puts these protections in the New York State Constitution. A "NO" vote leaves these protections out of the State Constitution.[7] |
” |
Constitutional changes
- See also: New York Constitution
The ballot measure amended Article 1, Section 11 of the New York Constitution. The following underlined text was added and struck-through text was deleted:[1]
Note: Use your mouse to scroll over the text below to see the full text.
Text of Section 11: Equal Protection of Laws; Discrimination in Civil Rights Prohibited
A.No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability, creed, or religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in his or her their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state pursuant to law.
B. Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination on the basis of a characteristic listed in this section, nor shall any characteristic listed in this section be interpreted to interfere with, limit, or deny the civil rights of any person based upon any other characteristic identified in this section. [7]
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 13, and the FRE is 26. The word count for the ballot title is 58.
Support
New Yorkers for Equal Rights was leading the campaign in support of the initiative.[8]
Supporters
Officials
- U.S. Sen Kirsten Gillibrand (D)
- U.S. Rep. Hakeem Jeffries (D)
- U.S. Rep. Alexandria Ocasio-Cortez (D)
- Gov. Kathy Hochul (D)
- State Sen. Liz Krueger (D)
- State Sen. Andrea Stewart-Cousins (D)
- State Asm. Carl Heastie (D)
- State Asm. Rebecca Seawright (D)
- AG Letitia James (D)
Organizations
- Jewish Community Relations Council
- League of Women Voters of New York
- Make the Road New York
- NAACP New York
- National Institute for Reproductive Health
- New Pride Agenda
- New York Civil Liberties Union
- New York Immigration Coalition
- Planned Parenthood Action Fund
- Planned Parenthood of Greater New York
Arguments
Opposition
The Coalition to Protect Kids-NY was leading the campaign in opposition to the initiative.[9]
Supporters
Officials
- State Sen. George Borrello (R)
- State Sen. Andrew Lanza (R)
- State Asm. Christopher Tague (R)
Political Parties
Organizations
- Moms for Liberty, Queens County, NY
- New York Catholic Conference
- Priests for Life
- Students for Life Action
Arguments
Campaign finance
New Yorkers for Equal Rights was the campaign registered in support of the amendment. Coalition to Protect Kids-NY was the campaign registered to oppose the amendment.[10]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $5,477,441.86 | $1,856,625.75 | $7,334,067.61 | $5,486,164.07 | $7,342,789.82 |
| Oppose | $571,226.22 | $0.00 | $571,226.22 | $558,362.47 | $558,362.47 |
| Total | $6,048,668.08 | $1,856,625.75 | $7,905,293.83 | $6,044,526.54 | $7,901,152.29 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[10]
| Committees in support of Proposal 1 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| New Yorkers For Equal Rights | $5,477,441.86 | $1,856,625.75 | $7,334,067.61 | $5,486,164.07 | $7,342,789.82 |
| Total | $5,477,441.86 | $1,856,625.75 | $7,334,067.61 | $5,486,164.07 | $7,342,789.82 |
Donors
The following were the top donors who contributed to the support committees.[10]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| N.Y. Civil Liberties Union, Inc. | $1,300,000.00 | $899,175.67 | $2,199,175.67 |
| NEO Philanthropy, Inc. | $546,500.00 | $0.00 | $546,500.00 |
| Planned Parenthood Empire States Acts | $300,000.00 | $156,586.13 | $456,586.13 |
| LJS Revocable Trust | $400,000.00 | $0.00 | $400,000.00 |
| Planned Parenthood of GNY Action Fund | $0.00 | $341,556.70 | $341,556.70 |
Opposition
The following table includes contribution and expenditure totals for the committees in opposition to the measure.[10]
| Committees in opposition to Proposal 1 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Coalition to Protect Kids-NY | $571,226.22 | $0.00 | $571,226.22 | $558,362.47 | $558,362.47 |
| Total | $571,226.22 | $0.00 | $571,226.22 | $558,362.47 | $558,362.47 |
Donors
The following were the top donors who contributed to the opposition committees.[10]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Carol Crossed | $400,000.00 | $0.00 | $400,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Equal Protection of Laws Amendment in New York
The Equal Rights Amendment in the New York State Constitution was adopted in 1938. The text of the amendment, Article 1, Section 11 of the New York Constitution, stated:
| “ | No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state. | ” |
State-level Equal Rights Amendments
As of February 2023, 29 state constitutions had provisions that guaranteed equal rights either in their original text or added later as an amendment. The formulation of the provisions varied state by state. The last state to adopt an equal rights provision in their state constitution was Nevada in 2022 when voters passed Question 1.
The map below highlights which states have equal rights provisions in their state constitutions.[2]
Federal Equal Rights Amendment
The first federal Equal Rights Amendment (ERA) was introduced in Congress in 1923. The text of the amendment stated:[11]
| “ |
Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Sec. 3. This amendment shall take effect two years after the date of ratification.[7] |
” |
For the ERA to become a part of the U.S. Constitution, the amendment needed to pass both chambers of Congress by a two-thirds vote and then receive ratification by three-fourths of the states. The ERA passed the U.S. House of Representatives on October 12, 1971, and it passed the U.S. Senate on March 22, 1972. Congress set a ratification deadline of March 22, 1979, for state legislatures to consider the amendment. In 1978, Congress passed a joint resolution extending the deadline to June 30, 1982. By 1982, 35 of the necessary 38 states had ratified the amendment.[12]
The map below shows the status of the federal ERA by state:[12]
Path to the ballot
Amending the New York Constitution
- See also: Amending the New York Constitution
The New York State Legislature can refer statewide ballot measures, in the form of constitutional amendments and bond issues, to the ballot in odd-numbered years and even-numbered years.
New York requires a simple majority vote (50%+1) in each legislative chamber during two successive legislative sessions with a state legislative election in between for constitutional amendments. That amounts to a minimum of 76 votes in the New York State Assembly and 32 votes in the New York State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Section 11 of Article VII of the New York Constitution requires that certain bond issues go before voters for approval or rejection. New York requires a simple majority vote in each legislative chamber and the governor's signature for bond issues to be referred to the ballot.
Amendment in the state Legislature
2022 session
Senate Bill 51002 (SB51002) was introduced on July 1, 2022. It passed the Senate on the same day by a 49-14 vote. The bill was then referred to the Assembly, and it passed the same day by a 95-45 vote (with 10 absences).[5]
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2023 session
The amendment was introduced to the New York State Assembly as Assembly Bill A1283. The amendment passed the Assembly on January 24, 2023, and then was transferred to the Senate. The amendment passed the Senate on January 24, 2023.[13]
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Byrnes v. Senate of the State of New York, et al.
| Lawsuit overview | |
| Issue: Did failing to give the attorney general 20 days to review the amendment before the state legislature voted on it disqualify the amendment from the ballot? | |
| Court: New York Appellate Division, Fourth Department court | |
| Ruling: Plaintiffs should have filed their challenge through an Article 78 proceeding, and not a challenge of constitutionality of defendants' actions | |
| Plaintiff(s): State Assemblywoman Marjorie Byrnes (R) | Defendant(s): New York State Senate |
Source: NYCourts
State Assemblywoman Marjorie Byrnes (R) filed a lawsuit against the amendment. Her suit was based on constitutional language that said the Legislature needs to give the state attorney general 20 days to review amendments before voting on them. On May 7, 2024, state Supreme Court Justice Daniel J. Doyle ruled that the New York State Legislature approved the language of the amendment before getting a written opinion from the attorney general.[14]
New York Attorney General Letitia James said her office would appeal the decision. She said, "The Equal Rights Amendment was advanced to protect New Yorkers’ fundamental rights, including reproductive freedom and access to abortion care. This is a disappointing court decision, but we will appeal because New Yorkers deserve to be protected by their Constitution, especially as our basic freedoms and rights are under attack."[14]
Ed Cox, Chairman of the New York Republican Party, said, "In their rush to pass this amendment, the legislature never held a single hearing on the proposal, never consulted with outside constitutional experts, and falsely asserted this amendment was necessary to protect abortion rights in the state."[14]
On June 18, 2024, the New York Appellate Division, Fourth Department court overturned the state Supreme Court ruling. The panel ruled 5-0 to restore the amendment to the ballot, saying "[the] plaintiffs characterize the complaint 'as a challenge to the constitutionality of [defendants’] actions, [it] actually alleges an erroneous application of a constitutional provision relating to the procedure by which' the proposed amendment was advanced," and that the plaintiffs should have filed their challenge through an Article 78 proceeding, but that challenge would have needed to be brought four months after the alleged violation.[15]
Fernandez, et al., v. New York State Board of Elections, et al.
| Lawsuit overview | |
| Issue: Was the ballot language written in plain language no higher than an eighth-grade reading level, and was the language too technical and confusing for voters? | |
| Court: New York Supreme Court, County of Albany | |
| Ruling: Ballot language was rewritten to ensure it complies with state law | |
| Plaintiff(s): Victoria Fernandez, Katherine Hauser | Defendant(s): New York State Board of Elections, et al. |
Source: NYSCEF DOC. NO. 61
On August 2, 2024, two New York Voters, Victoria Fernandez and Katherine Hauser, filed a lawsuit with the New York State Board of Elections, saying that the ballot language of the amendment approved by the Board of Elections scored at a college reading level rather than an eighth grade reading level. In New York, a law enacted the year before required voter referendum ballot language to be written in plain language at no higher than an eighth grade reading level. The suit also said that the ballot language did not include the terms "abortion" or "LGBT", and that these terms should be included in the ballot language.[16]
On August 23, 2024, Albany County Supreme Court Judge David Weinstein issued an order directing the Board of Elections to use his revised wording of the ballot language. The revised text of the amendment was written to say the proposal will protect "against unequal treatment", where the original language said "anti discrimination provisions". The revised text did not include the words "Abortion" or "LGBT."[17]
How to cast a vote
- See also: Voting in New York
See below to learn more about current voter registration rules, identification requirements, and poll times in New York.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 New York Senate, "Amendment" accessed February 1, 2023
- ↑ 2.0 2.1 Brennan Center for Justice, "State-Level Equal Rights Amendments," accessed February 3, 2023
- ↑ Planned Parenthood, "Planned Parenthood of Greater New York Celebrates the Second Legislative Passage of the Equal Rights Amendment" January 25, 2023
- ↑ Spectrum Local News, "Equal Rights Amendment will head to New York voters next year" January 24, 2023
- ↑ 5.0 5.1 5.2 5.3 New York Senate, "Senate Bill S51002" accessed July 6, 2022
- ↑ NY Elections, "Certification," accessed September 13, 2024
- ↑ 7.0 7.1 7.2 7.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Spectrum News, "How Democrats, advocates are mobilizing for Equal Rights Amendment in New York" June 29, 2023
- ↑ Protect Kids NY, "Homepage" accessed April 15, 2024
- ↑ 10.0 10.1 10.2 10.3 10.4 New York State Board of Elections, "Committee Search," accessed July 16, 2024
- ↑ Govinfo.gov, "Text of federal ERA amendment," accessed August 16, 2021
- ↑ 12.0 12.1 Equal Rights Amendment, "History," accessed August 16, 2021
- ↑ New York Senate, "Assembly Bill A1283" accessed January 24, 2023
- ↑ 14.0 14.1 14.2 Politico, "New York’s abortion rights amendment thrown off ballot, for now" May 7, 2024
- ↑ NY Courts, "Decision," June 19, 2024
- ↑ NY Courts, "NYSCEF DOC. NO. 1," August 2, 2024
- ↑ Bloomberg, "Judge Tweaks Language of NY Abortion Rights Ballot Measure (2)," August 23, 2024
- ↑ New York State Senate, "Consolidated Laws of New York § 17-8-100," accessed October 8, 2024
- ↑ New York State Board of Elections, "Know Your Rights," accessed October 8, 2024
- ↑ 20.0 20.1 New York State Board of Elections, “Voter Registration Process,” accessed October 8, 2024
- ↑ New York State Board of Elections, “Registration and Voting Deadlines,” accessed October 8, 2024
- ↑ New York State Department of Motor Vehicles, “Register to Vote Online - Electronic Voter Registration Application,” accessed April 28, 2023
- ↑ New York State Board of Elections, "Voter Registration Process," accessed September 25, 2024
- ↑ New York State Board of Elections, "New York State Voter Registration Form," accessed November 2, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ National Conference of State Legislatures, "Provisional Ballots," accessed October 7, 2019
- ↑ New York State Senate, “Consolidated Laws, Chapter 17 Section 5-210,” accessed October 8, 2024
- ↑ New York State Senate, “Consolidated Laws, Chapter 17 Section 8-302,” accessed October 8, 2024
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