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Rewrite equal rights ballot question for readability, advocates tell BOE
By Johan Sheridan,
5 hours ago
ALBANY, N.Y. (NEXSTAR) — Should you need a college degree to understand ballot measures? According to Common Cause New York, that standard gets in the way of voter participation statewide.
The government accountability nonprofit argued that the language of a ballot measure New Yorkers will vote on come November must be simplified. They said that Proposition No. 1 —formerly known as the Equal Rights Amendment—requires a college reading level or higher, but that it’s not supposed to.
It shouldn’t be higher than eighth-grade level, Common Cause said. That’s because S1381A / A1722B requires proposals for constitutional amendments and other statewide ballot questions to appear in plain language.
It also required the New York State Board of Elections (BOE) to calculate a readability score for each ballot proposal and—though not mandating it—strongly encourages a reading level of eighth grade or below. It even includes a formula for figuring out the readability score:
Divide the number of characters (not including spaces) by the number of words
Multiply that number by 4.71
Divide the number of words by the number of sentences
Cut that number in half
Add up the results of line 2 and line 4
Subtract 21.43 from that number
Round to the nearest whole number
Working out the math, the proposition scored a 14 on the index, corresponding to grade levels rather than age. And the abstract for the proposal scored even worse—15, roughly corresponding to a college student in their third year. Bother should have an scored 8 or lower.
The plain language guidelines also told lawmakers and NYSBOE to frame ballot measures as yes or no questions, and focus on policy changes instead of behind the scenes legal mechanisms.
Pushback to the proposition came in the form of a public comment from Common Cause New York. “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,” it read in part, “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.”
The Center for Civic Design worked with Common Cause on the plain language bill. Their feedback to NYSBOE included an important statistic: “The National Assessment of Adult Literacy reports that 43% of literate adults read at only basic or below basic levels.”
The Center for Civic Design also proposed edits for plain language version of the proposition. Their analysis shows that using specific language—”abortion” versus “reproductive healthcare,” for example, or “LGBT” versus “gender identity”—goes a long way in clarifying the meaning. Check out some of their suggestions:
Adds certain protections to the state Bill of Rights
Adds protections from discrimination to the New York State Bill of Rights
Adds anti-discrimination provisions to state Constitution
Protects New Yorkers from unequal treatment
Covers ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy
Based on their ethnicity, national origin, age, disability, or sex. Applies to LGBT people, gender identity, and pregnancy
Also covers reproductive healthcare and autonomy
Protects abortion
A “YES” vote puts these protections against discrimination in the New York State Constitution
A “YES” vote adds new protections to the New York State Bill of Rights
New York’s Constitution already says that you can’t be discriminated against because of your race, color, religion, or beliefs. The proposal adds protections for ethnicity, disabilities, gender, sexual orientation, where you’re from, how old you are, and whether you’re pregnant or dealing with problems related to pregnancy.
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