Remy Kothe, volunteer with Downtown Nasty Women hands out informational fliers on the corner of Union Square W and 17th St. (Credit: Dana Binfet)
At the edges of the Union Square Farmers Market on a Wednesday afternoon in September, volunteers wearing buttons passed out informational fliers to shoppers toting canvas bags full of fresh market finds.
The team of local volunteers for Downtown Nasty Women, and Markers For Democracy, aren’t allowed to step foot inside the market while canvassing in support of the statewide ballot measure Proposition 1 — but that doesn’t stop them from engaging with the local community.
New Yorkers will be voting in November on Proposition 1, also known as the Equal Rights Amendment (ERA). The ballot measure itself is considered controversial by some voters, and activists argue it is not getting the attention it deserves. As the election approaches, women’s groups are concerned that voters may not know that Prop 1 includes abortion protections.
Hali Breindel, volunteer with Markers For Democracy hands out fliers to shoppers at the Union Square Farmers Market. (Credit: Dana Binfet)
Remy Kothe, a volunteer with Downtown Nasty Women, paused to discuss her work trying to raise support for Prop 1, as people moved in and out of the market around her.
“I think people, when they read this ballot measure, they have no idea this applies to abortion; they don’t know it applies to LGBTQ rights,” said Kothe. “And I think that is tremendously important.”
If passed, Prop 1 would add a number of anti-discrimination provisions to the state constitution, covering ethnicity, national origin, age, gender expression and reproductive autonomy, to name a few. With abortion rights and LGBTQ+ protections at stake, activists and legislators are concerned that the results will come down to the language of the ballot measure, which some say is unclear.
The ERA’s path to the ballot has been unconventional. In mid-July, more than 30 state senators signed a letter to the New York State Board of Elections, urging the BOE commissioner to revise the description of the Prop. The senators argued that the words used in the ballot measure aren’t found in everyday conversations and could ultimately lead to misunderstandings for voters.
“It’s quite convoluted messaging. They use the actual legislative words instead of plain language,” said Kothe. “They are in clear violation of the plain language law. It’s worded at a 14 year-old reading level. It needs to be at a third grade level, and it is not.”
According to the “plain language” legislation enacted by Gov. Kathy Hochul in 2023, all ballot measures in the State of New York must be written in clear and understandable language. In June, activists filed a lawsuit against the wording of Proposition 1, and New York State Attorney General Letitia James put forward a revised draft of the measure, to include “abortion” and “LGBT.”
At a court hearing in August, a New York judge decided against the proposed wording put forward by the attorney general’s office. In an effort to appease both sides, Albany County Supreme Court Judge David Weinstein rewrote Prop 1 and filed an order to the New York State’s Board of Elections with his revised description of the state’s ballot measure.
In an op-ed published in USA Today in September, Attorney General Letitia James informed voters on all aspects of Prop 1, sharing the arguments for and against the ballot measure and urging New Yorkers to head to the polls and vote on the Equal Rights Amendment.
“Though the question will not incorporate the language my office proposed — language explicitly noting that the ERA protects abortion — ,” James stated, “make no mistake: that is precisely what this amendment does…If passed, it will ensure that these protections are beyond the reach of elected representatives — instead subject only to the will of the people by popular vote.”
James’ office did not respond to repeated interview requests.
Local activists in support of Prop 1 have been present at the Union Square Farmers Market every Wednesday and will continue their canvassing efforts through October.
“It’s a pity they didn’t include the word ‘abortion,’” said Maya Rodale, a volunteer with Downtown Nasty Women, and Markers For Democracy. “But hopefully enough people are aware of what this amendment will do and turn out to support it.”
Abra Morawiec, is the owner and operator of Feisty Acres, one of the popular stalls at the Farmers Market, at the corner of Union Square W and 17th St., close to where Prop 1 volunteers typically canvas. They can be seen handing out brochures and talking to shoppers, just steps away.
“I haven’t heard anyone talk about the ballot measure,” said Morawiec. “The election is not a common topic amongst my friends, my acquaintances, or even family. I think a lot of it has to do with the fact that so many of us already know how we’re voting.”
Although many voters like Morawiec may already know how they’re voting this November, the New York City Finance Board (CFB) is working hard to raise voter engagement and help inform New Yorkers ahead of the election.
“I know that there was a little bit of a back and forth in court, not only about the ballot proposal itself, but conversations specifically about the language of the ballot proposal,” said Tim Hunter, the New York City Finance Board’s press secretary. “It’s important for New Yorkers to have access not only to these proposals themselves, but also plain language explanations, which the CFB is offering.”
NYC Votes is an initiative sponsored by the New York City Finance Board that boosts voter participation and empowers New Yorkers who are less likely to vote, through online and mailer voting guides. They educate voters on issues on the ballot in upcoming elections. The New York City Finance Board provides a variety of resources to inform voters ahead of the election.
“This amendment very clearly covers abortion,” said Katharine Bodde, interim co-director of policy at the New York Civil Liberties Union (NYCLU). “I mean, if you look at the language, it clarifies that sex discrimination includes discrimination based on a person’s pregnancy and pregnancy outcomes.”
The NYCLU is part of the ballot initiative committee, New Yorkers for Equal Rights, and is an organization in support of Prop 1, which will be on the back of ballots this fall. The NYCLU works in the courts, with the public, and on legislation to further equal opportunities.
“I do think that there is a concern that voters won’t understand that abortion is covered by the amendment,” said Bodde. “So it’s really important that we get out there and talk to voters and make sure that they understand that abortion is on the ballot in November.”
About the author(s)
Dana Binfet is a freelance journalist and a graduate student at Columbia School of Journalism, covering the intersection of arts, culture and social justice.