S T A T E O F N E W Y O R K
________________________________________________________________________
4261
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. STECK -- Multi-Sponsored by -- M. of A. JACOBSON
-- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to specification of
objections to designating petitions, independent nominating petitions,
certificates of nomination or ballot access documents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6-154 of the election law, subdivision 2 as amended
by chapter 248 of the laws of 1981, is amended to read as follows:
§ 6-154. Nominations and designations; objections to. 1. Any petition
OR CERTIFICATE filed with the officer or board charged with the duty of
receiving it shall be presumptively valid if it is in proper form and
appears to bear the requisite number of signatures, authenticated in a
manner prescribed by this chapter.
2. Written objections to any certificate of designation or nomination
or to a nominating or designating petition or a petition for opportunity
to ballot for public office or to a certificate of acceptance, a certif-
icate of authorization, a certificate of declination or a certificate of
substitution relating thereto may be filed by any voter registered to
vote for such public office and to a designating petition or a petition
for opportunity to ballot for party position or a certificate of substi-
tution, a certificate of acceptance or a certificate of declination
relating thereto by any voter enrolled to vote for such party position.
Such objections shall be filed with the officer or board with whom the
original petition or certificate is filed within three days after the
filing of the petition or certificate to which objection is made, or
within three days after the last day to file such a certificate, if no
such certificate is filed except that if any person nominated by an
independent nominating petition, is nominated as a party candidate for
the same office by a party certificate filed, or a party nomination made
after the filing of such petition, the written objection to such peti-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04197-01-1
A. 4261 2
tion may be filed within three days after the filing of such party
certificate or the making of such party nomination. When such an
objection is filed, specifications of the grounds of the objections
shall be filed within six days thereafter with the same officer or board
and if specifications are not timely filed, the objection shall be null
and void. [Each such officer or board is hereby empowered to make rules
in reference to the filing and disposition of such petition, certif-
icate, objections and specifications.]
3. (A) ANY PERSON FILING GENERAL OBJECTIONS TO ANY DESIGNATING PETI-
TION, INDEPENDENT NOMINATING PETITION OR CERTIFICATE OF NOMINATION OR
BALLOT ACCESS DOCUMENT WHO THEREAFTER FILES SPECIFICATIONS OF HIS OR HER
OBJECTIONS TO ANY SUCH DOCUMENT SHALL DO SO IN ACCORDANCE WITH THE
PROVISIONS OF THIS SUBDIVISION. ALL SUCH SPECIFICATIONS SHALL SUBSTAN-
TIALLY COMPLY WITH THE FOLLOWING REQUIREMENTS:
(I) FOR SPECIFICATIONS RELATING TO ANY PETITION, THE VOLUME NUMBER,
PAGE NUMBER, AND LINE NUMBER OF ANY SIGNATURE OBJECTED TO ON ANY PETI-
TION SHALL BE SET FORTH IN DETAIL. IN ADDITION, ANY PORTION OF ANY PETI-
TION OR ANY SIGNATURE LINE OR WITNESS STATEMENT OBJECTED TO SHALL BE
SPECIFICALLY IDENTIFIED AND REASONS GIVEN FOR ANY SUCH OBJECTION;
(II) THE TOTAL NUMBER OF SIGNATURES OBJECTED TO SHALL BE SET FORTH AND
ALL OBJECTIONS RELATING TO A SINGLE SIGNATURE LINE SHOULD BE GROUPED
TOGETHER; AND
(III) SYMBOLS AND/OR ABBREVIATIONS MAY BE USED TO SET FORTH
OBJECTIONS, PROVIDED THAT A SHEET EXPLAINING THE MEANING OF ANY SUCH
SYMBOLS AND/OR ABBREVIATIONS IS ATTACHED TO THE SPECIFICATIONS.
(B) NO SPECIFICATIONS OF OBJECTIONS TO ANY PETITION, CERTIFICATE OF
NOMINATION OR BALLOT ACCESS DOCUMENT WILL BE CONSIDERED UNLESS THE
OBJECTOR FILING THE SPECIFICATIONS PERSONALLY DELIVERS OR MAILS BY OVER-
NIGHT MAIL A DUPLICATE COPY OF THE SPECIFICATION TO EACH CANDIDATE FOR
PUBLIC OFFICE NAMED ON THE PETITION. OBJECTIONS AND SPECIFICATIONS TO A
PETITION FOR AN OPPORTUNITY TO BALLOT MUST BE SERVED ON THE PERSONS
NAMED AS THE COMMITTEE TO RECEIVE NOTICES. IN THE CASE OF A PETITION
CONTAINING CANDIDATES FOR PARTY POSITIONS, SERVICE OF THE SPECIFICATIONS
SHALL BE MADE ON EITHER THE NAMED CANDIDATES OR THE FIRST PERSON NAMED
ON THE PETITION'S COMMITTEE TO FILL VACANCIES. SERVICE SHALL BE MADE ON
OR BEFORE THE DATE OF FILING OF ANY SPECIFICATIONS WITH THE OFFICER OR
BOARD. PROOF OF SERVICE SHALL ACCOMPANY THE SPECIFICATIONS OR BE
RECEIVED BY THE END OF TWO BUSINESS DAYS FOLLOWING THE FILING OF THE
SPECIFICATIONS, WHICHEVER IS LATER.
4. (A) SUCH OFFICER OR BOARD SHALL GIVE NOTICE BY OVERNIGHT MAIL TO
THE OBJECTOR AND THE CANDIDATE NAMED IN SUCH PETITION OR CERTIFICATE OF
THE DATE OR DATES ON WHICH SUCH OFFICER OR BOARD SHALL CONSIDER THE
SPECIFICATIONS FILED, AND BOARD FINDINGS, THE RESULT OF AND RESEARCH OF
THE SPECIFICATIONS, AND SHALL MAKE A DETERMINATION AS TO THE SUFFICIENCY
OF SUCH PETITION OR CERTIFICATE AND SHALL PROVIDE THE OBJECTOR AND
CANDIDATE OR THEIR AGENT OR AGENTS AN OPPORTUNITY TO BE HEARD AS TO THE
VALIDITY OF EACH SPECIFIC OBJECTION. COPIES OF THE BOARD'S RESEARCH OF
SPECIFICATIONS SHALL ACCOMPANY SUCH NOTICE. SUCH OPPORTUNITY MAY BE BY
WRITTEN SUBMISSION OR ORAL PRESENTATION IN THE DISCRETION OF SUCH OFFI-
CER OR BOARD. SUCH OFFICER OR BOARD SHALL NOT DENY THE OBJECTOR OR THE
CANDIDATE OR THEIR AGENT OR AGENTS AN OPPORTUNITY TO BE PRESENT WHEN THE
DETERMINATION AS TO VALIDITY IS MADE.
(B) FOR OBJECTIONS AND SPECIFICATIONS MADE TO BALLOT ACCESS DOCUMENTS
FILED WITH THE STATE BOARD OF ELECTIONS, THE PROVISIONS OF PARAGRAPH (A)
OF THIS SUBDIVISION SHALL APPLY. HOWEVER, THE OPPORTUNITY TO BE HEARD AS
TO THE VALIDITY OR INVALIDITY OF SUCH SPECIFICATIONS SHALL BE PROVIDED
A. 4261 3
IN A HEARING WHICH PRECEDES ANY MEETING OF THE STATE BOARD'S COMMISSION-
ERS AT WHICH DETERMINATIONS WILL BE RENDERED.
5. When [a] ANY determination is made that a certificate or petition
is SUFFICIENT OR insufficient, such officer or board shall give notice
of the determination forthwith by mail to each candidate named in the
petition or certificate, and, if the determination is made upon speci-
fied objections, the objector shall be notified; PROVIDED THAT ANY SUCH
CANDIDATE OR OBJECTOR MAY DESIGNATE AN ATTORNEY OR AGENT TO RECEIVE ANY
SUCH NOTICE AND/OR DETERMINATION ON HIS OR HER BEHALF. ANY SUCH DESIG-
NATION SHALL BE IN WRITING AND INCLUDE THE NAME, ADDRESS, EMAIL AND
TELEPHONE NUMBER OF ANY SUCH ATTORNEY OR AGENT, AND ANY SUCH ATTORNEY
AND/OR AGENT SHALL BE ELIGIBLE TO REPRESENT ANY SUCH CANDIDATE OR OBJEC-
TOR IN ANY PROCEEDING RELATING TO THE SPECIFICATIONS.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN OBJECTION
OR HEARING IF THE BOARD OF ELECTIONS BY MAJORITY VOTE DETERMINES THAT A
FILING DOES NOT MEET THE CRITERIA OF SUBDIVISION ONE OF THIS SECTION TO
BE PRESUMPTIVELY VALID.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date are authorized to be made on or
before such date.