S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5382
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in  relation  to  the  opportunity  to
   ballot; and to repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 6-164 and 6-166 of the election law are REPEALED.
   § 2. Subdivision 4 of section 6-158 of the election law is REPEALED.
   § 3. Subdivision 2 of section 6-154 of the election law, as amended by
 chapter 248 of the laws of 1981, is amended to read as follows:
   2. Written objections to any certificate of designation or  nomination
 or  to  a nominating or designating petition [or a petition for opportu-
 nity to ballot for public office] or to a certificate of  acceptance,  a
 certificate  of authorization, a certificate of declination or a certif-
 icate of substitution relating thereto may be filed by any voter  regis-
 tered 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 substitution, a certificate of acceptance or a certificate of  decli-
 nation  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 certif-
 icate, if no such certificate is filed except that if any  person  nomi-
 nated  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 petition 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09070-01-1

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 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.
   §  4.  Subdivision 3 of section 6-168 of the election law, as added by
 chapter 143 of the laws of 1979, is amended to read as follows:
   3. If, at any primary election in which more than one nomination is to
 be made for the office of judge of the civil court of the  city  of  New
 York  in  any borough of such city or in any civil court district within
 any such borough, only one candidate is designated for any such vacancy,
 such candidate shall be deemed nominated and his name shall  not  appear
 upon the primary ballot [unless a petition for opportunity to ballot for
 such vacancy is filed pursuant to the provisions of this chapter].
   §  5.  Paragraph (c) of subdivision 1 of section 7-114 of the election
 law, as amended by chapter 411 of the laws of 2019, is amended  to  read
 as follows:
   (c) The ballot shall not contain a space for voting for candidates for
 uncontested  offices and positions, and no ballot shall be printed for a
 party for which there is no contested office or position [unless a peti-
 tion for opportunity to ballot has been filed].
   § 6. Subdivision 1 of section 16-102 of the election law,  as  amended
 by chapter 373 of the laws of 1978, is amended to read as follows:
   1.  The  nomination  or  designation  of  any candidate for any public
 office or party position or any independent nomination[, or the  holding
 of  an  uncontested  primary  election,  by  reason of a petition for an
 opportunity to ballot having been filed], or the election of any  person
 to any party position may be contested in a proceeding instituted in the
 supreme  court  by  any  aggrieved  candidate, or by the chairman of any
 party committee or by a person  who  shall  have  filed  objections,  as
 provided  in this chapter, except that the chairman of a party committee
 may not bring a proceeding with respect to a designation or the  holding
 of an otherwise uncontested primary.
   §  7. Section 17-122 of the election law, as amended by chapter 373 of
 the laws of 1978 and subdivision 7 as amended by chapter 129 of the laws
 of 1997, is amended to read as follows:
   § 17-122. Misconduct in relation to petitions. Any person who:
   1. Pays, lends, contributes or promises to pay, lend or contribute any
 money or other valuable consideration to or for any voter, or to or  for
 any other person, to induce such voter to sign a petition for the desig-
 nation  of  a  candidate for party nomination or for election to a party
 position to be voted for at a primary election[, or to induce such voter
 to sign a petition for opportunity to ballot at a primary  election]  or
 to  induce  such  voter  to  sign an independent nominating petition for
 public office; or
   2. Gives, offers or promises any office, place or employment, or prom-
 ises to procure or endeavor to procure any office, place  or  employment
 to  or  for any voter, or to or for any other person, in order to induce
 such voter to sign a petition for the designation  of  a  candidate  for
 party  nomination or for election to a party position to be voted for at
 a primary election[, or to induce such voter  to  sign  a  petition  for
 opportunity  to ballot at a primary election] or to induce such voter to
 sign an independent nominating petition for public office; or
   3. Receives, agrees or contracts for any money, gift,  loan  or  other
 valuable  consideration,  office, place or employment for himself or any
 other person, for signing a petition for the designation of a  candidate
 for party nomination or for election to a party position to be voted for

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 at  a  primary  election[,  or for signing a petition for opportunity to
 ballot at a primary election] or for signing an  independent  nominating
 petition for public office; or
   4. Pays or agrees to pay money or other valuable consideration, to any
 person  for  his  services  in canvassing for or otherwise procuring the
 signatures of voters to a petition for the designation of a candidate or
 candidates for party nomination or for election to a party  position  to
 be voted for at a primary election[, or to a petition for opportunity to
 ballot  at a primary election,] or to an independent nominating petition
 for public office, upon the basis of the number of names to  such  peti-
 tion procured by such person, or at a fixed amount per name; or,
   5.  Represents  to  any person as an inducement for signing a petition
 for the designation of a candidate for party nomination or for  election
 to a party position to be voted for at a primary election, [or for sign-
 ing  a petition for opportunity to ballot at a primary election,] or for
 signing an independent nominating petition for public office,  that  the
 person  soliciting such signature is to be compensated upon the basis of
 the number of names procured by such a person, or at a fixed amount  per
 name; or
   6. Being a signer of a petition, provided for in the election law, for
 the  designation or nomination of a candidate, [or a petition for oppor-
 tunity to ballot at a primary election,] thereby makes a false statement
 or makes a false affidavit thereon, or a false statement to the  witness
 who authenticates the petition; or
   7.  Being  a  notary  public,  commissioner  of deeds or a subscribing
 witness to a petition, provided for in this chapter, for the designation
 or nomination of a candidate, [or a petition for opportunity  to  ballot
 at a primary election,] thereby makes a false statement or makes a false
 affidavit thereon; or
   8. Alters a petition, provided for in the election law, for the desig-
 nation  or  nomination of a candidate, [or a petition for opportunity to
 ballot at a primary election,] by inserting, adding or changing  therein
 the  name  of  a  candidate, or the title or designation of an office or
 position by any means whatsoever, after such petition has been signed by
 one or more persons, is guilty of a misdemeanor.
   § 8. This act shall take effect immediately.