BILL NUMBER:S94

TITLE OF BILL:
An act
to amend the election law, in relation to nominating and designating
petitions and certificates

PURPOSE:
To allow a candidate seeking to fill an office position in a general
election the opportunity to decline a party designation upon
conclusion of the primary election.

SUMMARY OF PROVISIONS:
Amends Section 6-158 of the election law. Subdivision 2 is amended to
provide that "a candidate who files such a certificate of acceptance
for an office for which there have been filed certificates or
petitions designating more than one candidate for the nomination of
any party, may thereafter file a certificate of declination not later
than the seven day after the primary election."

EXISTING LAW:
A certification of declination can only be filed within four days
after the final day to file such a designation.

JUSTIFICATION:
Currently, a candidate far an office to be filled at the time of a
              

general election has the ability to decline an independent nomination
after the primary election. No similar provision exists for a
candidate to decline a patty designation after a the primary
election. As a result of this, designated candidates who lost a party
primary are forced to remain on the ballot, regardless of whether
they have opted to end campaigning efforts or have endorsed another
candidate. The presence of a candidate on the ballot who has already
resigned from the race serves no other purpose than to siphon off
votes from earnest candidates.

The lack of such a provision has also encouraged the practice of using
Supreme Court nominations to create a vacancy after a primary
election. Something as important as a judicial
nomination should not be used as a tool to remove a candidate who no
longer wishes to run from a ballot. This bill would make this
practice unnecessary.

LEGISLATIVE HISTORY:
2011-12: S.4827-A/A.10789 Passed Senate/Referred to Election Law

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.