NY State Senate Bill 2017-S1421

Archive: Last Bill Status Via A3422 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 21, 2017	signed chap.176
Aug 09, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.2114 substituted for s1421
Jun 21, 2017	substituted by a3422 ordered to third reading cal.2114 committee discharged and committed to rules
Jan 09, 2017	referred to elections

Votes

- Jun 21, 2017 - Floor Vote
  A3422
  
  60
  
  Aye
  
  2
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Amedore
      
      DeFrancisco
      
      absent (1)
      
      Sanders Jr.
  Jun 21, 2017 - Rules Committee Vote
  S1421
  
  20
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2017
      
      aye (20)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (5)
      
      DeFrancisco
      
      Griffo
      
      Krueger
      
      Little
      
      Robach

2017-S1421 (ACTIVE) - Details

See Assembly Version of this Bill:: A3422
Law Section:: Election Law
Laws Affected:: Amd §§6-132, 6-140, 6-204, 6-206 & 15-108, El L
Versions Introduced in 2015-2016 Legislative Session:: S7933, A10419

2017-S1421 (ACTIVE) - Summary

Relates to designating and nominating petitions for state, local and village elections.

2017-S1421 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1421

 TITLE OF BILL :

An act to amend the election law, in relation to designating and
nominating petitions

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation clarifies the requirements for designating and
nominating petitions.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision 1 of section 6-132 of the Election Law is
amended by adding a space to include a district number, if applicable,
on each sheet of a Designating Petition.

Section 2. Paragraph a of subdivision 1 of section 6-140 of the
Election Law is amended by adding the directive to "include a district
number, if applicable" on each sheet of an Independent Nominating
Petition.

Section 3. Subdivision 1 of section 6-204 of the Election Law is
amended by adding the directive "include a district number, if
applicable" on a Party Designating Petition for elective village

offices.

Section 4. Subdivision 1 of section 6-206 of the Election Law is
amended by adding the directive "include district number, if
applicable" on the petition for a Village Independent Nominating
Petition.

Section 5. Paragraph a of subdivision 3 and subdivision 4 of section
15-108 of the Election Law is amended by adding the directive to
"include district number, if applicable".

Section 6. Establishes the effective date.

 JUSTIFICATION :

The decision to vote is intrinsically linked to the choice of
candidates on the ballot. The right to become a candidate in an
election is as important as the right to vote. An individual can
petition to become a candidate. However, many petitions have been
invalidated because the public office -the title of the office and
geographic boundaries (the district number)-was not clearly identified
in the petition. For example, in the matter of Osaretin Ighile versus
Board of Elections in the City of New York, the Supreme Court declined
to validate the petition because the description of public office was
deemed inadequate; the district number was not on the petition. This
legislation intends to clarify the information that is required on
each sheet of the petition. By creating a designation for the
geographic boundaries on the sample petitions provided by the New York
State Board of Elections, individuals will be aware of what the
required information is, and thus be better able to participate in the
democratic process as candidates.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

There are no fiscal implications associated with this legislation.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1421 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1421
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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 designating  and  nomi-
   nating petitions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 6-132  of  the  election  law,  as
 amended  by  chapter  235  of  the  laws  of 2000, is amended to read as
 follows:
   1. Each sheet of a designating petition shall be  signed  in  ink  and
 shall  contain  the  following information and shall be in substantially
 the following form:
   I, the undersigned, do hereby state that I am a duly enrolled voter of
 the.................... party and entitled to vote at the  next  primary
 election  of  such  party,  to be held on..............., 20...; that my
 place of residence is truly stated opposite my signature hereto,  and  I
 do  hereby designate the following named person (or persons) as a candi-
 date (or candidates) for the nomination of such party for public  office
 or for election to a party position of such party.
                    Public Office
                    or party position         Place of Residence
  Names of          (INCLUDE DISTRICT NUMBER, (also post office address,
  candidates        IF APPLICABLE)            if not identical)
  ............      ................          .........................
  ............      ................          .........................
   I  do  hereby appoint .............................. (insert the 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01274-01-7

 S. 1421                             2
 
  Date              Name of Signer            Residence
  ............      ..............            .........................
  ............      ..............            .........................
                                                Town or city (except
                                                in the city of New
                                                York, the county)
                                                ..................
                                                ..................
   §  2.  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:
   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.

                     Public                 Place of residence
                     Office                 (also post office
  Name of            (INCLUDE DISTRICT       address
  Candidate          NUMBER, IF APPLICABLE) 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)
                                              .......................
                                              .......................
 
   § 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

 S. 1421                             3
 
 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.
 
                           Public Office
                           (INCLUDE DISTRICT
                           NUMBER,
     Name of Candidate     IF APPLICABLE)      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.  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-

 S. 1421                             4
 
 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
 making  the  nomination (or nominations) and.....(fill in emblem) as the
 emblem of such body.
      Name of
     Candidate           Public Office           Term        Residence
                         (INCLUDE DISTRICT 
                         NUMBER, IF APPLICABLE)
    .............      ....................      ....      ...............
    .............      ....................      ....      ...............
 
   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

 S. 1421                             5
 
 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
 
   § 5. Paragraph a of subdivision 3 and subdivision 4 of section  15-108
 of  the election law, as amended by chapter 447 of the laws of 2006, are
 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
 (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.
 
                           Public Office
                           (INCLUDE DISTRICT
                           NUMBER, IF
     Name of Candidate     APPLICABLE)        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
 
   .............    .............   ...............
   .............    .............   ...............

 S. 1421                             6
 
                           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.    Each of the
 persons  whose   names   are   subscribed   to   this   petition   sheet
 containing ......... signatures,  subscribed his or her name in my pres-
 ence.
   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
                            page no. .........
 
   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
 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.
                           Public Office
                           (INCLUDE DISTRICT
                           NUMBER, IF
     Name of Candidate     APPLICABLE)         Term        Residence
 
   ....................  .................   ........    .................
   ....................  .................   ........    .................
 
 I do hereby appoint _ _ _ _
         Name                            Residence
 
   .............................   .................................
   .............................   .................................

 S. 1421                             7
 
 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
 
   § 6. This act shall take effect immediately.

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Senate Bill S1421

Sponsored By

Archive: Last Bill Status Via A3422 - Signed by Governor

Jun 21, 2017 - Floor Vote

Floor Vote: Jun 21, 2017

Jun 21, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 21, 2017

2017-S1421 (ACTIVE) - Details

2017-S1421 (ACTIVE) - Summary

2017-S1421 (ACTIVE) - Sponsor Memo

2017-S1421 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1421

Share this bill

Sponsored By

Tony Avella

Archive: Last Bill Status Via A3422 - Signed by Governor

2017-S1421 (ACTIVE) - Details

2017-S1421 (ACTIVE) - Summary

2017-S1421 (ACTIVE) - Sponsor Memo

2017-S1421 (ACTIVE) - Bill Text download pdf

Comments