S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8650

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            October 14, 2011
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Election Law

AN  ACT  to  amend  the  election  law,  in  relation to requirements of
  witnesses to a designating petition or independent nominating petition

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 2 and 3 of section 6-132 of the election law,
as amended by chapter 447 of the laws of 2006, are amended  to  read  as
follows:
  2. There shall be appended at the bottom of each sheet a signed state-
ment  of  a  witness  who  is a duly qualified voter of the state and an
enrolled voter of the same political party as the  voters  qualified  to
sign the petition[, and who is also a resident of the political subdivi-
sion in which the office or position is to be voted for. However, in the
case  of  a petition for election to the party position of member of the
county committee, residence in the same  county  shall  be  sufficient].
Such a statement shall be accepted for all purposes as the equivalent of
an  affidavit,  and  if  it  contains  a material false statement, shall
subject the person signing it to the same penalties as if he or she  had
been  duly  sworn.  The form of such statement shall be substantially as
follows:
                           STATEMENT OF WITNESS
  I,..................... (name of witness) state: I am a duly qualified
voter  of  the  State  of  New  York  and  am  an  enrolled   voter   of
the.......................  party.  I  now reside at....................
(residence address).
  Each of the individuals whose names are subscribed  to  this  petition
sheet   containing.................   (fill   in   number)   signatures,
subscribed the same in my presence on  the  dates  above  indicated  and
identified  himself  or  herself  to  be  the individual who signed this
sheet.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13384-01-1
              

A. 8650                             2

  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.
  Date:.......................           ..........................
                                            Signature of Witness
  Witness  identification information: The following information must be
completed prior to filing with the board of elections in order for  this
petition sheet to be valid.
                   Town or City              County
                   ............             ........
  3.   In lieu of the signed statement of a witness who is a duly quali-
fied voter of the state [qualified to sign the petition], the  following
statement  signed  by  a notary public or commissioner of deeds shall be
accepted:
  On the dates above indicated before me personally  came  each  of  the
voters  whose  signatures  appear  on  this  petition  sheet  containing
............. (fill in number) signatures, who signed same in  my  pres-
ence  and who, being by me duly sworn, each for himself or herself, said
that the foregoing statement made and subscribed  by  him  or  her,  was
true.
Date:..................

                                        .............................
                                        (Signature and official title
                                        of officer administering oath)
  S 2. Subdivision 2 of section 6-140 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  2.  In  lieu of the signed statement of a witness who is a duly quali-
fied voter of the state [qualified to sign the petition], the  following
statement  signed  by  a notary public or commissioner of deeds shall be
accepted:
  On the dates above indicated before me personally  came  each  of  the
voters  whose  signatures  appear  on  this  petition  sheet  containing
.......... (fill in number) signatures, who signed same in  my  presence
and  who, being by me duly sworn, each for himself or herself, said that
the foregoing statement made and subscribed by him or her, was true.
Date: ......................

                                   ................................
                                   (Signature and official title
                                    of officer administering oath)
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.