NY senators push to add 'abortion,' 'LGBT' to Equal Rights Amendment language

A coalition of 32 New York state senators are calling on the state Board of Elections to revise the proposed language used to explain the first proposal on New York state ballots this November.

The proposal known as the NY Equal Rights Amendment would guarantee access to abortion and protect LGBTQ+ people from discrimination — but neither the words “abortion” nor “LGBT” appear in the draft text of the ballot question.

Less than a week after Gothamist reported that supporters were concerned that the current draft language did not make the constitutional amendment’s aims sufficiently clear, state Sen. Liz Krueger, a sponsor of the amendment, requested a revision in a letter sent to the Board of Elections on Tuesday, which was signed by 31 of her colleagues.

“At a time when abortion rights are in jeopardy, voters must understand Proposal Number One will protect abortion rights in the state constitution,” the letter states. “This critical point may be lost, however, if the word 'abortion' is not included in the ballot language.”

The proposal's lack of clarity could be illegal. Supporters told Gothamist last week that the current wording violated the state's “plain language law,” which requires ballot questions to be written at or below an eighth-grade reading level.

The draft language is written at the reading level of a college professor, according to a test known as the Automated Readability Index. The state senators’ letter requests that new draft language comply with the plain language law.

“I believe that the Board's draft language violates both the spirit and the letter of the plain language law, and needs to be rewritten so that voters can fully understand the practical impact of their decision," Krueger said in a statement.

Others who want to weigh in on the wording used on the ballot can still provide their input. The state elections board is accepting comments on the draft language through Friday. Comments can be emailed or mailed to the board, which is supposed to review them before finalizing the language ahead of the election.