S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7309
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2017
                                ___________
 
 Introduced  by  M. of A. THIELE, KEARNS -- read once and referred to the
   Committee on Election Law
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 2 of the constitution, in relation  to
   the establishment of an open primary system for all state and congres-
   sional elections

   Section  1.  Resolved  (if  the  Senate concur), That article 2 of the
 constitution be amended by adding a new section 10 to read as follows:
   § 10. (A) A VOTER-NOMINATION PRIMARY ELECTION SHALL  BE  CONDUCTED  TO
 SELECT THE CANDIDATES FOR CONGRESSIONAL AND STATE ELECTIVE OFFICES.  ALL
 VOTERS  MAY VOTE AT A VOTER-NOMINATED PRIMARY ELECTION FOR ANY CANDIDATE
 FOR CONGRESSIONAL AND STATE ELECTIVE OFFICE WITHOUT REGARD TO THE  POLI-
 TICAL PARTY PREFERENCE DISCLOSED BY THE CANDIDATE OR THE VOTER, PROVIDED
 THAT  THE  VOTER  IS  OTHERWISE QUALIFIED TO VOTE FOR CANDIDATES FOR THE
 OFFICE IN QUESTION. THE CANDIDATES WHO ARE THE TOP TWO VOTE-GETTERS AT A
 VOTER-NOMINATED PRIMARY ELECTION FOR A CONGRESSIONAL OR  STATE  ELECTIVE
 OFFICE  SHALL,  REGARDLESS  OF  PARTY PREFERENCE, COMPETE IN THE ENSUING
 GENERAL ELECTION.
   (B) THE LEGISLATURE SHALL PROVIDE THAT CANDIDATES  FOR  SUCH  CONGRES-
 SIONAL  AND  STATE OFFICES SHALL BE PLACED ON THE BALLOT FOR VOTER-NOMI-
 NATED PRIMARY ELECTION BY PETITION IN THE MANNER PROVIDED BY STATUTE.  A
 CANDIDATE  FOR  A CONGRESSIONAL OR STATE ELECTIVE OFFICE MAY HAVE HIS OR
 HER POLITICAL PARTY PREFERENCE, OR LACK OF POLITICAL  PARTY  PREFERENCE,
 INDICATED UPON THE BALLOT FOR THE OFFICE IN THE MANNER PROVIDED BY STAT-
 UTE. A POLITICAL PARTY OR PARTY COMMITTEE SHALL NOT NOMINATE A CANDIDATE
 FOR  ANY  CONGRESSIONAL  OR STATE ELECTIVE OFFICE AT THE VOTER-NOMINATED
 PRIMARY. THIS SUBDIVISION SHALL NOT BE INTERPRETED TO PROHIBIT  A  POLI-
 TICAL  PARTY  OF PARTY COMMITTEE FROM ENDORSING, SUPPORTING, OR OPPOSING
 ANY CANDIDATE FOR A CONGRESSIONAL OR STATE ELECTIVE OFFICE.  A POLITICAL
 PARTY OR PARTY COMMITTEE SHALL NOT HAVE THE RIGHT TO HAVE ITS  PREFERRED
 CANDIDATE  PARTICIPATE  IN  THE  GENERAL  ELECTION FOR A VOTER-NOMINATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89108-01-7

 A. 7309                             2
 
 OFFICE OTHER THAN A CANDIDATE WHO IS ONE OF THE TWO HIGHEST VOTE-GETTERS
 AT THE PRIMARY ELECTION, AS PROVIDED IN SUBDIVISION (A).
   (C) THE LEGISLATURE SHALL PROVIDE FOR PARTISAN ELECTIONS FOR PRESIDEN-
 TIAL  CANDIDATES, AND POLITICAL PARTY AND PARTY COMMITTEES, INCLUDING AN
 OPEN PRESIDENTIAL PRIMARY WHEREBY THE CANDIDATES FOR THE OFFICE OF PRES-
 IDENT OF THE UNITED STATES, ARE PLACED ON THE BALLOT  BY  PETITION.  ALL
 VOTERS  MAY  VOTE AT THE PRIMARY ELECTION FOR ANY PRESIDENTIAL CANDIDATE
 WITHOUT REGARD TO THE POLITICAL PARTY PREFERENCE DISCLOSED BY THE VOTER,
 PROVIDED THAT THE VOTER IS OTHERWISE QUALIFIED TO VOTE FOR THE OFFICE OF
 PRESIDENT.
   § 2. Resolved (if the Senate concur), That the foregoing amendments be
 referred to the first regular legislative session  convening  after  the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.