S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4364
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2021
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election  law,  in  relation  to  authorizing  party
   designations  and  nominations  for  elections  to  be  made via video
   conference; and providing for the repeal of such provisions upon expi-
   ration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 15-108 of the election law is amended by adding a
 new subdivision 11 to read as follows:
   11. ALL PARTY DESIGNATIONS AND NOMINATIONS PURSUANT TO  THIS  ARTICLE,
 EXCEPT FOR A PRIMARY ELECTION, MAY BE MADE IN WHOLE OR IN PART VIA VIDEO
 CONFERENCE  UPON AT LEAST SEVENTY-TWO HOURS NOTICE TO THE MEMBERS OF THE
 RESPECTIVE COMMITTEE BY MAIL, AN APPROPRIATELY  TITLED  EMAIL,  TEXT  OR
 TELEPHONE CALL AT AN ADDRESS OR NUMBER EXPRESSLY PROVIDED IN WRITING FOR
 THE  PURPOSE  OF  RECEIVING  SUCH  NOTICES.  SUCH  NOTICE  MUST  INCLUDE
 INSTRUCTIONS TO PARTICIPANTS ON HOW TO ACCESS THE MEETING BY SUCH  VIDEO
 CONFERENCE.    WHERE  THE  MEETING IS HELD IN WHOLE OR IN PART VIA VIDEO
 CONFERENCE, THE PRESIDING OFFICER SHALL AFFORD A  FAIR  AND  APPROPRIATE
 OPPORTUNITY  FOR  PERSONS  ELIGIBLE  TO  ATTEND  TO LISTEN, HEAR, AND BE
 HEARD, IN A MANNER SIMILAR TO THAT WHICH WOULD BE AFFORDED IF THE  MEET-
 ING  WERE  HELD  IN PERSON.   CERTIFICATES OF DESIGNATION OR NOMINATION,
 MINUTES, AUTHORIZATIONS AND/OR ACCEPTANCES MAY BE EXECUTED  IN  SEPARATE
 ACTS  BY THE SIGNATORIES THERETO AND WHERE ACKNOWLEDGEMENTS OR OATHS ARE
 REQUIRED, THEY MAY BE PERFORMED OR ADMINISTERED REMOTELY AND PURSUANT TO
 EXECUTIVE ORDER 202.7 OF 2020 ALLOWING  NOTARIZATIONS  TO  BE  PERFORMED
 USING COMMUNICATION TECHNOLOGY.
   §  2.  Section  6-202  of  the election law is amended by adding a new
 subdivision 6 to read as follows:
   6. ALL PARTY DESIGNATIONS AND  NOMINATIONS  PURSUANT  TO  THIS  TITLE,
 EXCEPT FOR A PRIMARY ELECTION, MAY BE MADE IN WHOLE OR IN PART VIA VIDEO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09382-02-1

 A. 4364                             2
 
 CONFERENCE  UPON AT LEAST SEVENTY-TWO HOURS NOTICE TO THE MEMBERS OF THE
 RESPECTIVE COMMITTEE BY MAIL, AN APPROPRIATELY  TITLED  EMAIL,  TEXT  OR
 TELEPHONE CALL AT AN ADDRESS OR NUMBER EXPRESSLY PROVIDED IN WRITING FOR
 THE  PURPOSE  OF  RECEIVING  SUCH  NOTICES.  SUCH  NOTICE  MUST  INCLUDE
 INSTRUCTIONS TO PARTICIPANTS ON HOW TO ACCESS THE MEETING BY SUCH  VIDEO
 CONFERENCE.    WHERE  THE  MEETING IS HELD IN WHOLE OR IN PART VIA VIDEO
 CONFERENCE, THE PRESIDING OFFICER SHALL AFFORD A  FAIR  AND  APPROPRIATE
 OPPORTUNITY  FOR  PERSONS  ELIGIBLE  TO  ATTEND  TO LISTEN, HEAR, AND BE
 HEARD, IN A MANNER SIMILAR TO THAT WHICH  WOULD BE AFFORDED IF THE MEET-
 ING WERE HELD IN PERSON.   CERTIFICATES OF  DESIGNATION  OR  NOMINATION,
 MINUTES,  AUTHORIZATIONS  AND/OR ACCEPTANCES MAY  BE  EXECUTED  IN SEPA-
 RATE ACTS BY THE SIGNATORIES THERETO AND WHERE ACKNOWLEDGEMENTS OR OATHS
 ARE REQUIRED, THEY MAY BE PERFORMED  OR    ADMINISTERED    REMOTELY  AND
 PURSUANT  TO  EXECUTIVE ORDER 202.7 OF 2020 ALLOWING NOTARIZATIONS TO BE
 PERFORMED USING COMMUNICATION TECHNOLOGY.
   § 3. Section 6-100 of the election law is amended to read as follows:
   § 6-100. Nominations and designations; generally.  1.  Nomination  and
 designation  of  candidates for election to public office or party posi-
 tion are governed by this article.
   2. ALL PARTY  DESIGNATIONS  AND  NOMINATIONS,  EXCEPT  FOR  A  PRIMARY
 ELECTION,  MAY  BE  MADE AT A MEETING HELD IN WHOLE OR IN PART VIA VIDEO
 CONFERENCE  UPON AT LEAST SEVENTY-TWO HOURS NOTICE TO THE MEMBERS OF THE
 RESPECTIVE COMMITTEE BY MAIL, AN APPROPRIATELY TITLED EMAIL,  TEXT    OR
 TELEPHONE CALL AT AN ADDRESS OR NUMBER EXPRESSLY PROVIDED IN WRITING FOR
 THE  PURPOSE  OF  RECEIVING  SUCH  NOTICES.    SUCH  NOTICE MUST INCLUDE
 INSTRUCTIONS TO PARTICIPANTS ON HOW TO ACCESS THE MEETING BY SUCH  VIDEO
 CONFERENCE.    WHERE  THE  MEETING IS HELD IN WHOLE OR IN PART VIA VIDEO
 CONFERENCE, THE PRESIDING OFFICER SHALL AFFORD A  FAIR  AND  APPROPRIATE
 OPPORTUNITY  FOR  PERSONS  ELIGIBLE  TO  ATTEND  TO LISTEN, HEAR, AND BE
 HEARD, IN A MANNER SIMILAR TO THAT WHICH  WOULD BE AFFORDED IF THE MEET-
 ING WERE HELD IN PERSON.   CERTIFICATES OF  DESIGNATION  OR  NOMINATION,
 MINUTES, AUTHORIZATIONS AND/OR ACCEPTANCES MAY  BE EXECUTED  IN SEPARATE
 ACTS  BY THE SIGNATORIES THERETO AND WHERE ACKNOWLEDGEMENTS OR OATHS ARE
 REQUIRED, THEY MAY BE PERFORMED OR  ADMINISTERED REMOTELY  AND  PURSUANT
 TO  EXECUTIVE  ORDER  202.7 ALLOWING NOTARIZATIONS TO BE PERFORMED USING
 COMMUNICATION TECHNOLOGY.
   3. NOTWITHSTANDING ANY PROVISIONS OF LAW OR A  PARTY'S  RULES  TO  THE
 CONTRARY,  PROXY  VOTING  AT  ANY  PARTY  CAUCUS, PARTY MEETING OR PARTY
 CONVENTION HELD PURSUANT TO THIS CHAPTER HELD IN THE YEAR  TWO  THOUSAND
 TWENTY-ONE  SHALL BE PERMITTED. EXCEPT WHERE A GREATER NUMBER IS PERMIT-
 TED BY A PARTY COMMITTEE'S RULES, ANY PERSON ELIGIBLE TO ATTEND AND VOTE
 AT SUCH A MEETING MAY HOLD UP TO TEN PROXIES. A PROXY STATEMENT  MAY  BE
 IN THE FORM PRESCRIBED BY THE PARTY'S RULE OR AS ACCEPTED IN THE PAST BY
 THE  PARTY  ENTITY  OR  MAY BE SUBSTANTIALLY AS FOLLOWS: "I, A MEMBER OR
 ELIGIBLE VOTER OF (STATE NAME OF PARTY CAUCUS, PARTY  MEETING  OR  PARTY
 CONVENTION),  DO  HEREBY  GIVE  MY PROXY AUTHORIZATION TO (STATE NAME OF
 PROXY HOLDER) WHO SHALL BE AUTHORIZED TO VOTE IN MY STEAD AT THE MEETING
 TO BE HELD ON (DATE) AND ANY ADJOURNED DATE THEREOF." ANY PROXY  GRANTED
 HEREUNDER  SHALL  BE REVOCABLE IN A WRITING PROVIDED TO THE SECRETARY OR
 CHAIR OF THE PARTY ENTITY OR BY THE ATTENDANCE OF THE PROXY  GRANTOR  AT
 THE MEETING.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2021.