S T A T E O F N E W Y O R K
________________________________________________________________________
567
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
___________
Introduced by M. of A. ABINANTI, PAULIN, BRAUNSTEIN, WEPRIN, JAFFEE,
HOOPER, BUCHWALD -- Multi-Sponsored by -- M. of A. GUNTHER, WALKER --
read once and referred to the Committee 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], WHO
IS 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
subdivision 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 suffi-
cient] AND WHO HAS NOT PREVIOUSLY SIGNED A PETITION FOR ANOTHER CANDI-
DATE FOR THE SAME OFFICE. Such a statement shall be accepted for all
purposes as the equivalent of an affidavit, and if it contains a materi-
al 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 state-
ment 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03286-01-7
A. 567 2
identified himself or herself to be the individual who signed this
sheet.
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)
§ 2. Paragraph b of subdivision 1 and subdivision 2 of section 6-140
of the election law, paragraph b of subdivision 1 as amended by chapter
246 of the laws of 2009 and subdivision 2 as amended by chapter 447 of
the laws of 2006, is amended to read as follows:
b. 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 WHO HAS
NOT PREVIOUSLY SIGNED A PETITION FOR ANOTHER CANDIDATE FOR THE SAME
OFFICE. Such a statement shall be accepted for all purposes as the
equivalent of an affidavit, and if it contains a material false state-
ment, 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 substan-
tially as follows:
STATEMENT OF WITNESS
I, ...................... (name of witness) state: I am a duly quali-
fied voter of the State of New York and 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.
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: ................ .........................
A. 567 3
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
............... .........
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)
§ 3. Subdivision 1 of section 6-204 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
1. Party designations for elective village offices shall be made on a
designating petition containing the signatures in ink of residents of
the village who are registered to vote with the appropriate county board
of elections at the time of signing and who are enrolled in such poli-
tical party. The sheets of such a petition shall be numbered. A signer
need not himself or herself fill in the date or residence. Each sheet of
such petition must be in substantially the following form and shall
contain all the information required therein:
PARTY DESIGNATING PETITION
I, the undersigned do hereby state that I am a registered voter of the
Village of ............. and a duly enrolled voter of the .............
party and entitled to vote at the next primary election of such party,
that my place of residence is truly stated opposite my signature hereto,
and I hereby designate the following named person (or persons) as a
candidate or (candidates) for nomination of such party for the public
office or (public offices) to be voted for at the primary election to be
held on the ...... day of ............ 20.... as hereinafter specified.
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 enrolled voters of said party) 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 Residence
A. 567 4
............. ............. ...............
............. ............. ...............
STATEMENT OF WITNESS
I ............... (name of witness) state: I am a duly qualified voter
of the State of New York; and an enrolled voter of the ......... party
[and now reside in the Village of ......... County of ......... State
of New York at ............ (residence address) therein]. I NOW RESIDE
AT ..... (RESIDENCE ADDRESS). Each of the persons whose names are
subscribed to this petition sheet containing ......... 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
In lieu of the signed statement of a witness who is a duly qualified
voter of the state qualified to sign the petition, the following state-
ment signed by a notary public 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)
Page No........
§ 4. Subdivision 1 of section 6-206 of the election law, as amended by
chapter 447 of the laws of 2006, is 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
A. 567 5
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 (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
.................] OF THE STATE OF NEW YORK. I NOW RESIDE
AT ................ (RESIDENCE ADDRESS). 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
§ 5. Paragraph a of subdivision 3 of section 15-108 of the election
law, as amended by chapter 447 of the laws of 2006, is amended to read
as follows:
a. Party designations for elective village offices shall be made on a
designating petition containing the signatures in ink of residents of
the village who are registered to vote with the appropriate county board
of elections at the time of signing and who are enrolled in such poli-
tical party. The sheets of such a petition shall be numbered. Such peti-
tion 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 qualified
voters of the village enrolled in such party and their residence within
the village. A signer need not himself or herself fill in the date or
residence. Each sheet of such petition must be in substantially the
following form and shall contain all the information required therein:
PARTY DESIGNATING PETITION
I, the undersigned do hereby state that I am a registered voter of the
Village of ...... and a duly enrolled voter of the ........ party and
entitled to vote at the next primary election of such party, that my
place of residence is truly stated opposite my signature hereto, and I
hereby designate the following named person (or persons) as a candidate
A. 567 6
(or candidates) for nomination of such party for the public office (or
public offices) to be voted for at the primary election to be held on
the ...... day of ........... 20.... as hereinafter specified.
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 enrolled voters of said party) 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 Residence
............. ............. ...............
............. ............. ...............
STATEMENT OF WITNESS
I ............... (name of witness) state: I am a duly qualified voter
of the State of New York; and an enrolled voter of the ......... party
[and now reside in the Village of ......... County of ......... State of
New York at ............ (residence address) therein]. I NOW RESIDE
AT ..............(RESIDENCE ADDRESS). Each of the persons whose names
are subscribed to this petition sheet containing ......... 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.
§ 6. 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.
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
A. 567 7
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] OF the State of New York [in the County
of ........ ]. I NOW RESIDE AT .......... (RESIDENCE ADDRESS). 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
§ 7. 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.