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NEW YORK EQUAL PROTECTION OF LAW AMENDMENT (2024)
From Ballotpedia
Jump to: navigation, search
New York Equal Protection of Law Amendment Election date
November 5, 2024Topic
Constitutional rightsStatus
On the ballotType
Constitutional amendmentOrigin
State legislature
--------------------------------------------------------------------------------
The New York Equal Protection of Law Amendment is on the ballot in New York as a
legislatively referred constitutional amendment on November 5, 2024.
A "yes" vote supports 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 opposes 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."
Additional information on abortion-related ballot measures
As of July 8, 2024, six statewide ballot measures related to abortion were
certified for the ballot in 2024.
* You can find a list of 2024's certified and proposed measures here: 2024
abortion-related ballot measures and state context.
* Information on abortion-related ballot measures since 1970 is available here:
History of abortion ballot measures.
CONTENTS
* 1 Overview
* 1.1 What does this ballot add to the New York Constitution?
* 1.2 Do other states have similar provisions in their constitutions?
* 1.3 What are the arguments for and against this amendment?
* 1.4 How did this measure get on the ballot?
* 2 Text of measure
* 2.1 Constitutional changes
* 3 Support
* 3.1 Supporters
* 3.2 Arguments
* 4 Opposition
* 4.1 Supporters
* 4.2 Arguments
* 5 Campaign finance
* 6 Background
* 6.1 Equal Protection of Laws Amendment in New York
* 6.2 State-level Equal Rights Amendments
* 6.3 Federal Equal Rights Amendment
* 7 Path to the ballot
* 7.1 Amending the New York Constitution
* 7.2 Amendment in the state Legislature
* 7.2.1 2022 session
* 7.2.2 2023 session
* 7.3 Lawsuit
* 8 How to cast a vote
* 8.1 Poll times
* 8.2 Registration
* 8.3 Automatic registration
* 8.4 Online registration
* 8.5 Same-day registration
* 8.6 Residency requirements
* 8.7 Verification of citizenship
* 8.8 Verifying your registration
* 8.9 Voter ID requirements
* 9 See also
* 10 External links
* 11 Footnotes
OVERVIEW
WHAT DOES THIS BALLOT ADD TO THE NEW YORK CONSTITUTION?
See also: Constitutional changes
The ballot measure would amend 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 prohibits 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
Twenty-nine state constitutions contain 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 ARE 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
CONSTITUTIONAL CHANGES
See also: New York Constitution
The ballot measure would amend Article 1, Section 11 of the New York
Constitution. The following underlined text would be added and struck-through
text would be deleted:[1]
Note: Use your mouse to scroll over the below text 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. [6]
SUPPORT
New Yorkers for Equal Rights is leading the campaign in support of the
initiative.[7]
SUPPORTERS
OFFICIALS
* U.S. Sen Kirsten Gillibrand (D)
* U.S. Rep. Hakeem Jeffries (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)
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
* Planned Parenthood of Greater New York: "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."
* Donna Lieberman, executive director of the New York Civil Liberties Union:
"While New York has a robust set of anti-discrimination statutes, our state
Constitution is inadequate when it comes to ensuring equality. In November
2024, New Yorkers will be able to demand the lasting protections of a
constitutional amendment that would prohibit discrimination against groups
who have been historically targeted, including those with disabilities,
LGBTQI+ individuals, people of color, immigrants, women, and pregnant people.
With a Supreme Court empowered to roll back fundamental rights and
protections that advance equality, it's crucial that New York meets the
moment by enshrining protections against discrimination in our state
Constitution."
OPPOSITION
The Coalition to Protect Kids-NY is leading the campaign in opposition to the
initiative.[8]
SUPPORTERS
OFFICIALS
* State Sen. George Borrello (R)
* State Sen. Andrew Lanza (R)
* State Asm. Christopher Tague (R)
ORGANIZATIONS
* New York Catholic Conference
ARGUMENTS
* Assemblyman Chris Tague: "Those of us who take our faith and our religion
very seriously are very concerned about lawsuits against the church or
against a certain faith or religion."
* State Sen. George Borrello: "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."
CAMPAIGN FINANCE
See also: Campaign finance requirements for New York ballot measures
If you are aware of a committee registered to support or oppose this measure,
please email editor@ballotpedia.org.
Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures
Total Expenditures Support $0.00 $0.00 $0.00 $0.00 $0.00 Oppose $0.00 $0.00
$0.00 $0.00 $0.00
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.
[6]
”
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:[9]
“
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.[6]
”
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.[10]
The map below shows the status of the federal ERA by state:[10]
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]
Vote in the New York State Senate
July 1, 2022Requirement: Simple majority of all members in each chamber in two
sessionsNumber of yes votes required: 32 a YesNoNot votingTotal49140Total
percent77.77%22.22%0%Democrat4210Republican7130
Vote in the New York State Assembly
July 1, 2022Requirement: Simple majority of all members in each chamber in two
sessionsNumber of yes votes required: 76 a YesNoNot votingTotal954510Total
percent63.33%30%6.66%Democrat95210Republican0430
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.[11]
Vote in the New York State Senate
January 24, 2023Requirement: Simple majority of all members in each chamber in
two sessionsNumber of yes votes required: 32 a YesNoNot votingTotal43200Total
percent68%32%0%Democrat4110Republican2190
Vote in the New York State Assembly
January 24, 2023Requirement: Simple majority of all members in each chamber in
two sessionsNumber of yes votes required: 76 a YesNoNot votingTotal97467Total
percent65%31%5%Democrat9733Republican0434
LAWSUIT
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.[12]
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."[12]
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."[12]
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.[13]
HOW TO CAST A VOTE
See also: Voting in New York
Click "Show" to learn more about current voter registration rules,
identification requirements, and poll times in New York.
[show]How to cast a vote in New York
POLL TIMES
For primary elections, polls open at 6:00 a.m. and close at 9:00 p.m. in New
York City and the counties of Dutchess, Nassau, Suffolk, Westchester, Rockland,
Orange, Putnam, and Erie. Polls open at 12:00 p.m. and close at 9:00 p.m. in all
other counties. Polls open at 6:00 a.m. and close at 9:00 p.m. for general
elections. An individual who is in line at the time polls close must be allowed
to vote.[14]
REGISTRATION
Check your voter registration status here.
To vote in New York, one must be a United States citizen, a resident of the
county, city, or village for at least 30 days prior to the election, and at
least 18 years old by the date of the election. People who are in prison for a
felony conviction and those who have been declared mentally incompetent by a
court are ineligible to register to vote. One cannot register to vote in New
York while claiming the right to vote elsewhere.[15] Registration applications
are available at the county board of elections or any agency-based voter
registration center. Forms are also available online, or prospective voters can
request the form by mail.[15] Completed forms returned by mail must be
postmarked at least 25 days prior to the election. The form must then be
received by election officials at least 20 days before the election. A
registration done in person must be completed at least 25 days prior to the
election.[16] Residents may also register to vote online through the DMV
Electronic Voter Registration Application. These applications are forwarded to
the board of elections; applicants should allow up to six weeks for
processing.[17]
New York also offers a conditional type of voter registration, which requires
the use of an affidavit or provisional ballot. This type of registration is
available until ten days prior to Election Day. Once election officials verify
the information provided, the voter's registration is confirmed and their ballot
is counted.[18][19]
AUTOMATIC REGISTRATION
New York automatically registers eligible individuals to vote through a number
of state agencies including the Department of Motor Vehicles, the Department of
Health, the Department of Labor, and others.
ONLINE REGISTRATION
See also: Online voter registration
New York has implemented an online voter registration system. Residents can
register to vote by visiting this website.
SAME-DAY REGISTRATION
New York does not allow same-day voter registration.
RESIDENCY REQUIREMENTS
In order to register to vote in New York, applicants must reside in the county,
city, or village in which they are registering for at least 30 days prior to the
election.
VERIFICATION OF CITIZENSHIP
See also: Laws permitting noncitizens to vote in the United States
New York does not require proof of citizenship for voter registration.
VERIFYING YOUR REGISTRATION
The New York State Board of Elections allows residents to check their voter
registration status online by visiting this website.
VOTER ID REQUIREMENTS
New York does not require voters to present identification while voting.[20]
However, if a voter does not provide valid identification at the time of
registration, he or she must show identification at the polling place when
voting for the first time[21][22]
Voters can present the following forms of identification:
* A current, valid photo ID, including but not limited to a drivers' license or
a DMV-issued non-driver photo ID
* A current utility bill, bank statement, government check, paycheck, or other
government document with the voter's name and address
SEE ALSO
2024 measures
* 2024 ballot measures
* Constitutional rights on the ballot
* 2024 legislative sessions
New York
* New York ballot measures
* New York ballot measure laws
News and analysis
* Ballot measure lawsuits
* Ballot measure readability
* Ballot measure polls
EXTERNAL LINKS
* Senate Bill S51002
FOOTNOTES
1. ↑ Jump up to: 1.0 1.1 1.2 New York Senate, "Amendment" accessed February 1,
2023
2. ↑ Jump up to: 2.0 2.1 Brennan Center for Justice, "State-Level Equal Rights
Amendments," accessed February 3, 2023
3. ↑ Planned Parenthood, "Planned Parenthood of Greater New York Celebrates
the Second Legislative Passage of the Equal Rights Amendment" January 25,
2023
4. ↑ Spectrum Local News, "Equal Rights Amendment will head to New York voters
next year" January 24, 2023
5. ↑ Jump up to: 5.0 5.1 5.2 5.3 New York Senate, "Senate Bill S51002"
accessed July 6, 2022
6. ↑ Jump up to: 6.0 6.1 6.2 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
7. ↑ Spectrum News, "How Democrats, advocates are mobilizing for Equal Rights
Amendment in New York" June 29, 2023
8. ↑ Protect Kids NY, "Homepage" accessed April 15, 2024
9. ↑ Govinfo.gov, "Text of federal ERA amendment," accessed August 16, 2021
10. ↑ Jump up to: 10.0 10.1 Equal Rights Amendment, "History," accessed August
16, 2021
11. ↑ New York Senate, "Assembly Bill A1283" accessed January 24, 2023
12. ↑ Jump up to: 12.0 12.1 12.2 Politico, "New York’s abortion rights
amendment thrown off ballot, for now" May 7, 2024
13. ↑ NY Courts, "Decision," June 19, 2024
14. ↑ New York State Board of Elections, "Frequently Asked Questions," accessed
April 28, 2023
15. ↑ Jump up to: 15.0 15.1 New York State Board of Elections, “Register to
Vote,” accessed April 28, 2023
16. ↑ New York State Board of Elections, “Voter Registration Deadlines,”
accessed April 28, 2023
17. ↑ New York State Department of Motor Vehicles, “Register to Vote Online -
Electronic Voter Registration Application,” accessed April 28, 2023
18. ↑ Ballotpedia's Legislation Tracker, “New York S05984,” accessed September
25, 2023
19. ↑ Bill Track 50, “NY S05984,” accessed September 25, 2023
20. ↑ National Conference of State Legislatures, "Provisional Ballots,"
accessed October 7, 2019
21. ↑ New York State Senate, “Consolidated Laws, Chapter 17 Section 5-210,”
accessed April 28, 2023
22. ↑ New York State Senate, “Consolidated Laws, Chapter 17 Section 8-302,”
accessed April 28, 2023
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