BILL NUMBER: S5974A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the election law, in relation to
prohibiting the name change of any independent body making nominations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to prohibit the name change of any
independent body making nominations.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph (a) of subdivision 1 of section 6-128 of the
Election Law is amended to read as follows: (a) The name of the party
filing the nominations which shall not be altered or modified once
submitted.

Section 2. The following language is added to the end of paragraph a of
subdivision 3 of section 6-138 of the Election Law: Such name selected
for such independent body shall continuously remain the name of .such
              

party as defined in subdivision three of section 1-10 4 of this chapter.

Section 3. Amends subdivision 4 of section 2-214 to provide that emblems
and names which have been continuously used by any party or independent
body for the nomination of candidates for governor must continue to be
used by such party or independent body.

Section 4. Establishes the effective date.

 
JUSTIFICATION:

In New York State there are, and have been the following parties:  Demo-
cratic, Republican, Conservative, Liberal, Working Families and Inde-
pendence. A party is established when any political organizations candi-
date for governor obtains at least 50,000 votes in the last preceding
election. In the 2014 elections, the Stop Common Core ballot line
received 51,294 votes, obtaining a permanent ballot line for the next
four years. In January of 2015, however, the party organization
announced a name change. from Stop Common Core to the Reform Party..

This action is akin to bait and switch tactics. The 51,294 voters voted
for a candidate who represented the views of the Stop Common Core party.
Now that the party is established, the organization changed its mission,
misleading those voters, essentially obtaining a multi-year legal poli-
tical status based on fraud.

Currently, a political organization's name cannot suggest similarity to
an existing party or apolitical organization that has already filed. The
political organization should also be prohibited from making a name
change. This legislation would prohibit the name change of any independ-
ent body making ballot nominations.

 
PRIOR LEGISLATIVE HISTORY:

A.2364and S.4597of 2017/2018
A.8622and S.6673of 2015/2016

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Fiscal implications associated with the passage of this legislation
could include a cost savings to the Board of Elections.

 
EFFECTIVE DATE:
This act shall take effect immediately.