S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2549--A
                                                         Cal. No. 113
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 Introduced  by M. of A. FAHY, D'URSO, JACOBSON -- read once and referred
   to the Committee on Election  Law  --  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading

 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.
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00992-03-0

 A. 2549--A                          2
 
 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.
 [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.
   § 3. Subdivision 1 of section 4-112 of the election law, as amended by
 chapter 5 of the laws of 2019, is amended to read as follows:
   1. The state board of elections, not later than fifty-five 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 or she is  a  candi-
 date;  [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.
   § 4. Subdivision 1 of section 6-128 of the election law, paragraph (a)
 as  amended  by  chapter  619 of the laws of 2019, 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 which  shall  not  be
 altered or modified once submitted.
   (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.
   § 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  619
 of the laws of 2019, 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,

 A. 2549--A                          3
 
 or the [emblem or] name of an independent body selected by a  previously
 filed  independent  nominating  petition for the same office.  Such name
 selected for such independent body shall continuously remain the name of
 such  party  as  defined  in  subdivision three of section 1-104 of this
 chapter.
   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,
 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

 A. 2549--A                          4
 
 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].
   §  6.  Paragraph  a  of subdivision 1 of section 6-140 of the election
 law, as amended by chapter 176 of the laws of 2017, 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)
                                              .......................
                                              .......................
 
   § 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi-
 vision  1  as  separately amended by chapters 106 and 176 of the laws of
 2017, 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:

 A. 2549--A                          5
 
                  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 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
 
   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.
   § 8. Subdivision 4 of section 15-108 of the election law, as separate-
 ly  amended  by  chapters 106 and 176 of the laws of 2017, 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

 A. 2549--A                          6

 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
 
   .............................   .................................
   .............................   .................................
 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 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

 A. 2549--A                          7
 
 statement, shall subject me to the same penalties as if I had been  duly
 sworn.
 
   Date ....................        ...........................
                                       Signature of Witness
 
   §  9.  Subdivision 1 of section 16-104 of the election law, as amended
 by chapter 66 of the laws of 2019, 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,] party or inde-
 pendent  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.
   § 10. This act shall take effect immediately.