NY State Senate Bill 2017-S218

Senate Bill S218

Signed By Governor

2017-2018 Legislative Session

Relates to requirements of a witness to a designating petition or independent nominating petition

download bill text pdf

Archive: Last Bill Status Via A567 - 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
Jul 25, 2017	signed chap.106
Jul 13, 2017	delivered to governor
Apr 04, 2017	returned to assembly passed senate 3rd reading cal.310 substituted for s218
Mar 28, 2017	referred to elections
Apr 04, 2017	substituted by a567
Mar 08, 2017	advanced to third reading
Mar 07, 2017	2nd report cal.
Mar 06, 2017	1st report cal.310
Jan 04, 2017	referred to elections

Votes

- Apr 4, 2017 - Floor Vote
  A567
  
  60
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 4, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Diaz
      
      excused (1)
      
      Krueger
  Mar 6, 2017 - Elections Committee Vote
  S218
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Mar 6, 2017
      
      aye (8)
      
      Akshar
      
      Amedore
      
      Avella
      
      Comrie
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Tedisco
      
      excused (1)
      
      Dilan

2017-S218 (ACTIVE) - Details

See Assembly Version of this Bill:: A567
Law Section:: Election Law
Laws Affected:: Amd §§6-132, 6-140, 6-204, 6-206 & 15-108, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8650
2013-2014: A1464
2015-2016: S4420, A6310, A302

2017-S218 (ACTIVE) - Summary

Relates to requirements of a witness to a designating petition or independent nominating petition.

2017-S218 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S218

 TITLE OF BILL :

An act to amend the election law, in relation to requirements of
witnesses to a designating petition or independent nominating petition

 PURPOSE OR GENERAL IDEA OF BILL :

To delete the requirement that a witness to a party designating
petition or an independent nominating petition must reside in the
district of the office in the petition.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends subdivisions 2 and 3 of section 6-132 of
the election law, as amended by chapter 447 of the laws of 2006, to
clarify the requirement that the witness has not previously signed a
petition for another candidate for the same office and to delete
language that requires that a witness to a designating petition be a
resident of the political subdivision in which the office or position
is to be voted for in order to be qualified to witness the petition.
See Matter of DiPietro v. New York State Board of Elections, 30
Misc.3d 449 (Erie Co. Sup. Ct. 2010).

Section 2 of the bill amends subpart b of subdivision 1 and

subdivision 2 of section 6-140 of the election law, as amended by
chapter 447 of the laws of 2006, to add a requirement that the witness
has not previously signed a petition for another candidate for the
same office and to delete language that requires that a witness to a
independent nominating petition be a resident of the political
subdivision in which the office or position is to be voted for in
order to be qualified to witness the petition.

Sections 3, 4, 5, and 6 of the bill amend, respectively, subdivision 1
of section 6-204, subdivision 1 of section 6-206, subdivision 3 of
section 15-108, and subdivision 4 of 15-108 of the election law to
delete language that requires that a witness to a designating petition
be a resident of the village in which the office or position is to be
voted for in order to be qualified to witness the petition.

Section 7 of the bill is the effective date.

 JUSTIFICATION :

The federal courts and the New York State Court of Appeals ruled
unconstitutional the present election law's requirement that a
subscribing witness to a designating petition or independent
nominating petition must be a resident of the political subdivision in
which the office or position is to be voted on. This bill would
conform the language of the election law to the court decisions.

 PRIOR LEGISLATIVE HISTORY :

2012: A.8650 passed assembly
2014: A.1464 passed assembly
2015-16: S.4420A referred to Elections, committed to Rules

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
On the 120th day after it shall become law. Effective immediately, the
addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date are
authorized to be made on or before such date.

2017-S218 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    218
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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 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

 S. 218                              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: ................                  .........................

 S. 218                              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

 S. 218                              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

 S. 218                              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

 S. 218                              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

 S. 218                              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.

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