politics

What is Prop 1? New York set to vote on state constitutional amendment on Election Day

Here's what Proposal 1 states, plus what supporters and opponents say about it

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With so much at stake and up for grabs this Election Day, it's easy to see why New Yorkers may not be familiar with a proposal on the ballot this year.

On Election Day, voters in New York should be sure to check both sides of their ballot, as there are six measures to weigh in on. The first of which is Proposal 1, a proposed constitutional amendment that has been dubbed the "Equal Rights Amendment."

Here's what Proposal 1 states, plus what supporters and opponents say about it.

What is New York's Proposal 1?

Here is the language of Proposal 1, which would represent a change to section 11 of article 1 of the state's constitution, according to the state Board of Elections (BOE) website:


  1. 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.


So how is that different from what is currently stated?

In effect, the constitution protects against "unequal treatment based on race, color, creed, and religion," the BOE website states. Under the new proposal, the BOE says the constitution would also protect against unequal treatment based on "ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive healthcare and autonomy."

Who is against/for Proposal 1?

Much of the debate around the proposition centers around protecting abortion rights, though the word "abortion" is not mentioned anywhere on the ballot. And critics have said there is something else in Prop 1 that has them up in arms.

Sasha Ahuja, who directs a coalition of organizations urging New Yorkers to vote yes, said Proposal 1 adds abortion protections to the state constitution and closes loopholes to ensure no one can face discrimination.

"Seventy-one percent of New Yorkers are with us, when they learn a measure is on the ballot to protect our rights and freedoms," Ahuja said.

Gov. Kathy Hochul voiced support in a Daily News Op-Ed piece saying, "It’s a vote to ensure women not politicians like myself have the power to make decisions about their own bodies."

Meanwhile, former GOP gubernatorial candidate Lee Zeldin joined a coalition urging a "No" vote.

"This is covering all sorts of other things having nothing to do with abortion," said Zeldin.

He and other critics have said the proposition's language is vague and opens the door to constitutional changes that could impact schools, voting rights and families.

"It may sound wonderful to protect against unequal treatment of these classes, however it’s the exact opposite," said Liza Azzarelli, of the "Save Our Schools" group on Long Island.

"They’re looking to pass this because they want to disrupt the family dynamic," said State Assemblyman Michael Fitzpatrick, who represents Suffolk County.

But Ahuja denied those claims, saying those opposing the measure were "attempting to divide and distract New Yorkers."

The two sides do agree on one thing: Voters should read and educate themselves on Proposal 1 before voting.

When is Election Day?

Election Day is Tuesday, Nov. 5. Polls open a 6 a.m. and close at 9 p.m., though anyone in line waiting to vote at that time will be allowed to cast a ballot.

How to register to vote in New York

New Yorkers who wish to participate in this year's election and still need to register must follow certain criteria:

  • Be a United States Citizen;
  • Although, citizens may pre-register at the age of 16 or 17, they cannot vote until the age of 18;
  • Be a resident of this state and the county, city or village in which they are registering for at least 30 days before the election;
  • Not be in prison for a felony conviction;
  • Not be adjudged mentally incompetent by a court;
  • Not claim the right to vote elsewhere

In New York State, you can register in-person the following ways:

In New York State, you can request a registration form the following ways:

Once the form is completed, mail the form to your local county board of elections.

In order to vote in the General Election, when it comes to registering by mail, applications must be received by a board of elections no later than Oct. 26. In-person registration must also take place no later than Oct. 26.

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