S T A T E O F N E W Y O R K
________________________________________________________________________
6636
I N S E N A T E
February 21, 2014
___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to removing the require-
ment that party emblems be included in ballot design
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 18 of section 1-104 of the election law, as
amended by chapter 181 of the laws of 2005, is amended to read as
follows:
18. The word "ballot" when referring to voting machines or systems
means that portion of the cardboard or paper or other material or elec-
tronic display within the ballot frame containing the name of the candi-
date and [the emblem of] the party organization by which he was nomi-
nated, of the form of submission of a proposed constitutional amendment,
proposition referendum or question as provided in this chapter, with the
word "yes" for voting for any question or the word "no" for voting
against any question except that where the question or proposition is
submitted only to the voters of a territory wholly within a county or
city, such form shall be determined by the county board of elections.
Such statement and the title shall be printed and/or displayed in the
largest type or display which it is practicable to use in the space
provided.
S 2. Subdivisions 1 and 2 of section 2-124 of the election law, subdi-
vision 2 as amended by chapter 9 of the laws of 1978, are amended to
read as follows:
1. The state committee of a party shall select a name [and emblem] to
distinguish the candidates of the party for public office in all
districts of the state, and shall file in the office of the state board
of elections, a certificate executed by its chairman and secretary,
setting forth the name [and showing the emblem so selected].
2. The name of a party shall be in the English language and shall not
include the words "American", "United States", "National", "New York
State", "Empire State", or any abbreviation thereof, nor the name or
part of the name, or an abbreviation of the name, of an existing party.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14119-01-4
S. 6636 2
[The emblem chosen may be a star, an animal, an anchor, or any other
proper symbol, but may not be the same as or similar to any emblem,
insignia, symbol or flag used by any political or governmental body,
agency or entity nor any religious emblem, insignia, symbol or flag, nor
the portrait of any person, nor the representation of a coin or of the
currency of the United States.] The name [and emblem] chosen shall not
be similar to or likely to create confusion with the name [or emblem] of
any other existing party or independent body.
S 3. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
1. The state board of elections not later than thirty-six days before
a general election, or fifty-three days before a special election, shall
certify to each county board of elections the name and residence of each
candidate nominated in any valid certificate filed with it or by the
returns canvassed by it, the title of the office for which nominated;
the name of the party or body specified of which he is a candidate; [the
emblem chosen to distinguish the candidates of the party or body;] and a
notation as to whether or not any litigation is pending concerning the
candidacy. Upon the completion of any such litigation, the state board
of elections shall forthwith notify the appropriate county boards of
elections of the results of such litigation.
S 4. Subdivision 1 of section 6-128 of the election law is amended to
read as follows:
1. When an independent body becomes a party at a general election by
qualifying under the requirements set by law, nominations shall, prior
to and including the first general election thereafter, be made as
provided by the rules of such party. A certificate of such nominations
shall contain:
(a) The name of the party filing the nominations.
(b) The title of the office for which the nomination is made and the
name and residence address of the person so nominated.
(c) The names of the members of the committee, if any, appointed to
fill vacancies in nominations.
(d) [A description and representation of the party's emblem.
(e)] The name of the committee making the nomination.
[(f)] (E) A certified copy of the party rules describing the rule-mak-
ing body and nomination process.
[(g)] (F) An affidavit containing a statement by the presiding officer
and secretary of the committee that they are such officers and the
statements in the certificate are true.
S 5. Subdivision 3 of section 6-138 of the election law, as amended by
chapter 305 of the laws of 1992, paragraph (a) as amended by chapter 306
of the laws of 1992, is amended to read as follows:
3. a. The name selected for the independent body making the nomination
shall be in English characters and shall not include the name or part of
the name or an abbreviation of the name or part of the name, nor shall
the [emblem or] name be of such a configuration as to create the possi-
bility of confusion with the [emblem or] name of a then existing party,
or the [emblem or] name of an independent body selected by a previously
filed independent nominating petition for the same office.
b. Notwithstanding the requirements of paragraph a of this subdivi-
sion, if the [emblem or] name selected for an independent body on any
independent nominating petition is the same as that selected by any
previously filed independent nominating petition for the same office,
the board of elections with which such later petition was filed shall,
not later than two days after the filing of such later filed petition,
S. 6636 3
send notice of such duplicate selection of [emblem or] name by first-
class mail, to the candidate for such office who was nominated by such
later filed petition, and that the candidate to whom such notice is
required to be sent may file with such board of elections, not later
than seven days after such notice was mailed, a certificate selecting a
different [emblem or] name.
c. A person who has been nominated or who expects to be nominated as
the candidate of an independent body for the office of President of the
United States at any election for such office may, not later than three
days after the last day to file nominating petitions, file with the
state board of elections, a special certificate which shall be irrev-
ocable, stating that such person does not wish to permit candidates for
any other office, except the office of Vice-President of the United
States, to appear on the ballot with the same name [and emblem] as the
independent body which has nominated or will nominate such candidate for
the office of President.
d. Not later than seven days after the last day to file nominating
petitions, the state board of elections shall notify each local board of
elections of the name of each candidate for President of the United
States who has filed such a special certificate, together with the name
[and emblem] of the independent body selected on the petition which
nominated such candidate.
e. If any candidate has been nominated for any other office by a peti-
tion which selected the same name [or emblem] for an independent body as
the name [or emblem] selected on the petition which nominated a candi-
date for President of the United States who has filed a special certif-
icate pursuant to paragraph c of this subdivision, the board of
elections with which the petition nominating such candidate for such
other office was filed shall, not later than ten days after the last day
to file nominating petitions, send to each such candidate, by first
class mail, notice that a special certificate pursuant to paragraph c of
this subdivision has been filed and that the candidate to whom such
notice is sent may file with such board of elections, not later than
seven days after such notice was mailed, a certificate selecting a
different name [and emblem].
f. If [such a petition shall not show an emblem, or if] the petition
shall fail to select a name for such independent body, or if pursuant to
the provisions of paragraph b or paragraph e of this subdivision, a
candidate shall fail to select another [emblem or] name for such inde-
pendent body, the officer or board in whose office the petition is filed
shall select [an emblem or] A name [or both] to distinguish the candi-
dates nominated thereby. The name [and emblem] shown upon such petition
or selected by a candidate authorized to make such selection by para-
graph b or paragraph e of this subdivision, or selected by an officer or
board shall also conform to the requirements of this chapter with
respect to names [or emblems] permitted to be selected by a party.
g. Nothing contained in this subdivision shall preclude a court of
competent jurisdiction from rejecting an independent nominating petition
if the court determines that fraud was involved in the selection of a
name [or emblem].
S 6. Paragraph a of subdivision 1 of section 6-140 of the election
law, as amended by chapter 235 of the laws of 2000, is amended to read
as follows:
a. Each sheet of an independent nominating petition shall be signed in
ink, shall contain the following information and shall be in substan-
tially the following form:
S. 6636 4
I, the undersigned, do hereby state that I am a registered voter of
the political unit for which a nomination for public office is hereby
being made, that my present place of residence is truly stated opposite
my signature hereto, and that I do hereby nominate the following named
person (or persons) as a candidate (or as candidates) for election to
public office (or public offices) to be voted for at the election to be
held on the ............ day of ................, 20...., and that I
select the name ............................ (fill in name) as the name
of the independent body making the nomination (or nominations) [and
................ (fill in emblem) as the emblem of such body].
Place of residence
(also post office
Name of Public address
Candidate Office if not identical)
.......... ................. ..........................
.......... ................. ..........................
I do hereby appoint ............................. (here insert the names
and addresses of at least three persons, all of whom shall be registered
voters within such political unit), as a committee to fill vacancies in
accordance with the provisions of the election law.
In witness whereof, I have hereunto set my hand, the day and year
placed opposite my signature.
Date Name of Signer Residence
...... ................ .......................
...... ................ .......................
Town or city (except
in the city of New
York, the county)
.......................
.......................
S 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi-
vision 1 as amended by chapter 447 of the laws of 2006, and subdivision
3 as added by chapter 359 of the laws of 1989, are amended to read as
follows:
1. Independent nominations for elective village offices shall be made
by a petition containing the signatures in ink of residents of the
village who are registered with the appropriate county board of
elections at the time of signing. The sheets of such a petition shall be
numbered. A signer need not himself or herself fill in the date or resi-
dence. Each sheet of such petition must be in substantially the follow-
ing form and shall contain all the information required therein:
VILLAGE INDEPENDENT NOMINATING PETITION
I, the undersigned, do hereby state that I am a registered voter of
the Village of......., that my present place of residence is truly stat-
ed opposite my signature, and I do hereby nominate the following named
person (or persons) as a candidate (or as candidates) for election to
public office (or public offices) to be voted for at the election to be
held on the.....day of........, 20....., and that I select the
name........... (fill in name) as the name of the independent body
making the nomination (or nominations) [and.....(fill in emblem) as the
emblem of such body].
S. 6636 5
Name of
Candidate Public Office Term Residence
............. .................... .... ...............
............. .................... .... ...............
I do hereby appoint (insert names and addresses of at least three
persons, all of whom shall be registered voters within such village) as
a committee to fill vacancies in accordance with the provisions of the
election law.
In witness whereof, I have signed this petition on the day and year
stated before my signature.
Date Signature Residence
.......... ................. ...................
.......... ................. ...................
STATEMENT OF WITNESS
I, ..................... state that I am a duly qualified voter and
now reside at ...................... (residence address) in the Village
of ................ in the State of New York in the County of
................. . Each of the voters whose names are subscribed to
this petition sheet containing ................ (fill in number) signa-
tures, subscribed his or her name in my presence.
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
3. The name selected for the independent body making the nomination
shall be in the English language and shall not include the name or part
of the name, or an abbreviation of the name or of part of the name, of a
then existing party. The name [and emblem] shown upon such petition
shall conform to the requirements of this chapter, relating to party
names [and party emblems]. If [such a petition shall not show an emblem,
or] the petition shall fail to select a name for such independent body,
the board of elections shall select [an emblem or] A name, [or both] to
distinguish the candidates nominated thereby.
S 8. Subdivision 4 of section 15-108 of the election law, as amended
by chapter 447 of the laws of 2006, is amended to read as follows:
4. Independent nominations for elective village offices shall be made
by a petition containing the signatures in ink of residents of the
village who are registered with the appropriate county board of
elections at the time of signing or who are residents of the village who
were on the list of registered voters for the last village election in
such village. The sheets of such a petition shall be numbered. Such
petition must set forth in each instance the correct date of signing,
the name of the signer and his or her present address, and may set forth
a committee to fill vacancies consisting of at least three persons qual-
ified to vote in the village election and their residence within the
village. A signer need not himself or herself fill in the date or resi-
dence. Each sheet of such petition must be in substantially the follow-
ing form and shall contain all the information required therein except
as may otherwise be permitted by law.
S. 6636 6
VILLAGE INDEPENDENT NOMINATING PETITION
I, the undersigned, do hereby state that I am a registered voter of
the Village of .........., that my present place of residence is truly
stated opposite my signature, and I do hereby nominate the following
named person (or persons) as a candidate (or as candidates) for election
to public office (or public offices) to be voted for at the election to
be held on the ..... day of ........, 20....., and that I select the
name .............. (fill in name) as the name of the independent body
making the nomination (or nominations) [and ..... (fill in emblem) as
the emblem of such body].
Name of Candidate Public Office Term Residence
.................... ................. ........ .................
.................... ................. ........ .................
I do hereby appoint _ _ _ _
Name Residence
............................. .................................
............................. .................................
as a committee to fill vacancies in accordance with the provisions of
the election law.
IN WITNESS WHEREOF, I have signed this petition on the day and year
stated before my signature.
Date Signature Residence
............. ................. ...............
............. ................. ...............
STATEMENT OF WITNESS
I, ............... state that I am a duly qualified voter and now
reside at ............. (residence address) in the Village
of ........... in the State of New York in the County of ........ . Each
of the voters whose names are subscribed to this petition sheet,
containing ........ (fill in number) signatures, subscribed his or her
name in my presence.
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
S 9. Subdivision 1 of section 16-104 of the election law is amended to
read as follows:
1. The form and content of any ballot, or portion thereof, to be used
in an election, and the right to use any [emblem design,] color, party
or independent body name, may be contested in a proceeding instituted in
the supreme court by any aggrieved candidate or by the chairman of any
party committee or independent body.
S 10. This act shall take effect immediately.
