Evan Davis, a former counsel to Gov. Mario Cuomo who had been pursuing legal action against the state Board of Elections over placement of a referendum for a constitutional convention, has withdrawn his suit following the boards agreement to take steps to highlight the issue on the fall ballot.

According to a press release sent out earlier today by Davis, the state Board decided on Sept. 15 to advise county boards of elections that both sides of the ballot should contain text and a graphic, such as an arrow, that highlight to voters the need to turn the ballot over to locate the constitutional convention question.

In discussing this decision, two Board commissioner specifically referenced Davis’s lawsuit that challenged the con-con question placement, even though the suit was tossed out by a judge last month.

Davis declared himself satisfied by the Board’s actions, and therefore has decided to withdraw his appeal of the judge’s decision. In so doing, Davis avoids the possibility the case would not finally resolved in time for ballots to be printed for the November general election.

“The Board’s decision is an important victory for New York voters,” said Davis. “While the Convention Question won’t be on the front of the ballot where it should be, voters will at least be urged to turn the ballot over to vote on whether to hold a Constitutional Convention and on two Amendments proposed by the Legislature. For the future, a Convention can revise the Constitution to modernize the language of the Convention Question and require its prominent placement.”