S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7934
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2019
                                ___________
 
 Introduced by M. of A. THIELE -- 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.
              

                                                            LBD89136-01-9

 A. 7934                             2
 
 OFFICE OTHER THAN A CANDIDATE WHO IS ONE OF THE TWO HIGHEST VOTE-GETTERS
 AT THE PRIMARY ELECTION, AS PROVIDED IN SUBDIVISION (A) OF THIS SECTION.
   (C) THE LEGISLATURE SHALL PROVIDE FOR PARTISAN ELECTIONS FOR POLITICAL
 PARTY AND PARTY COMMITTEES.
   § 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.