S T A T E O F N E W Y O R K
________________________________________________________________________
7933--C
2021-2022 Regular Sessions
I N A S S E M B L Y
June 1, 2021
___________
Introduced by M. of A. GONZALEZ-ROJAS, EPSTEIN, HEVESI, BICHOTTE HERME-
LYN, SIMON, O'DONNELL, BURDICK, PAULIN, GLICK, SEAWRIGHT, DICKENS,
SILLITTI, GOTTFRIED, GALLAGHER, ZINERMAN, TAYLOR, BURGOS,
J. D. RIVERA, MAMDANI, FORREST, GALEF, CARROLL, DAVILA, CRUZ, NIOU,
BRONSON, CLARK -- read once and referred to the Committee on Election
Law -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Election Law in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the election law, in relation to including individuals
who do not identify exclusively as a binary gender in eligibility for
party positions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 2-102 of the election law, as
amended by chapter 373 of the laws of 1978, is amended to read as
follows:
4. [The state committee may provide by rule for equal representation
of the sexes on said committee.] When any [such] rule OF THE STATE
COMMITTEE provides for [equal] representation [of the sexes] BY GENDER,
the designating petitions and primary ballots shall list candidates for
such party positions separately by [sexes] GENDER MARKER. IN PROVIDING
FOR SUCH REPRESENTATION, THE STATE COMMITTEE SHALL ESTABLISH RULES THAT
PROVIDE FOR THE ABILITY OF INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY
AS A BINARY GENDER TO RUN FOR THOSE POSITIONS AND WHICH RESPECT INDIVID-
UALS' GENDER IDENTITY.
§ 2. Subdivision 2 of section 2-104 of the election law, as amended by
chapter 234 of the laws of 1976, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11612-05-1
A. 7933--C 2
2. If[, pursuant to section one of article thirteen of the constitu-
tion,] such committee or a state convention of the party shall provide
by rule for [equal] representation [of the sexes] BY GENDER on such
committee, the rules of such committee relative to additional members,
either from election districts or at large, shall be formulated and
applied in such manner that the whole membership shall [consist of an
even number, equally] BE divided [between the sexes] AMONG GENDERS AS
PROVIDED BY THE RULES OF SUCH COMMITTEE. When any such rule provides for
[equal] SUCH representation [of the sexes], the designating petitions
and primary ballots shall list candidates for such party positions sepa-
rately by [sexes] GENDER MARKER. IN PROVIDING FOR SUCH REPRESENTATION,
SUCH COMMITTEE SHALL ESTABLISH RULES THAT PROVIDE FOR THE ABILITY OF
INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO SERVE
AS MEMBERS AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
§ 3. Subdivision 2 of section 2-110 of the election law, as amended by
chapter 373 of the laws of 1978, is amended to read as follows:
2. In the city of New York there shall be the party positions of
assembly district leaders or, if the rules of the county committee shall
so provide, one assembly district leader and one associate assembly
district leader. Outside the city of New York there shall be such posi-
tions when the rules of the county committee shall so provide. Such
leaders shall be elected at primary elections as herein provided, within
every county in such city for each assembly district, or for each part
of an assembly district within such county as may be designated for the
purpose in the rules of the county committee, and in every county of the
state outside of such city where the rules so provide, for such assembly
district or part thereof within such county as may be designated in such
rules for the purpose. Such assembly district leaders or such assembly
district leader and associate assembly district leader shall be of
[opposite sexes] DIFFERENT GENDERS, if the rules of the county committee
shall so provide, and shall be enrolled voters of the party residing
within the assembly district and, if the rules of the county committee
shall so provide, within the part of the assembly district for which
they are to be elected, and shall be elected at the same primary
election and for the same term as members of the county committee. When
any such rule provides for [equal] representation [of sexes] BY GENDER,
the designating petitions and primary ballots shall list candidates for
such party positions separately by [sexes] GENDER MARKER. IN PROVIDING
FOR SUCH REPRESENTATION, THE COUNTY COMMITTEE SHALL ESTABLISH RULES THAT
PROVIDE FOR THE ABILITY OF INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY
AS A BINARY GENDER TO SERVE AS DISTRICT LEADER AND WHICH RESPECT INDI-
VIDUALS' GENDER IDENTITY. Each shall perform such duties, powers and
functions as the rules of the county committee may prescribe. Vacancies
in such positions shall be filled by the members of the county committee
within the assembly district or part thereof, as the case may be, until
the first primary election following the creation of such vacancy or
vacancies for which the period for circulating designating petitions
ends at least seven days after the creation of such vacancy or vacan-
cies, at which time the successor or successors shall be directly
elected as herein provided. Assembly district leaders and associate
assembly district leaders shall automatically be members and shall have
the right to participate and vote in meetings of the county committee or
any subcommittee thereof. The county committee may provide by its rules
that the members of the state committee, elected in accordance with the
provisions of this chapter, shall possess the duties, powers and func-
tions of an assembly district leader or an associate assembly district
A. 7933--C 3
leader. In such event the provisions of this section shall not apply to
the members of the state committee but upon [his] THEIR election as a
member of the state committee, such person shall be deemed to have also
been elected as an assembly district leader or an associate assembly
district leader.
§ 4. Section 2-122 of the election law, as amended by chapter 177 of
the laws of 1978, is amended to read as follows:
§ 2-122. National party conventions; delegates, election. Delegates
and alternates to a national convention of a party shall be elected from
congressional districts, or partly from the state at large and partly
from congressional districts, as the rules of the state committee may
provide. Such delegates and alternates from the state at large shall be
elected by the state committee or by a state convention of the party, as
the rules of the state committee shall prescribe. If the rules of a
national party provide for [equal] representation [of the sexes] BY
GENDER among delegates elected from districts, such district delegates
shall be elected separately by [sex] GENDER. District delegates and
alternates to national party conventions and delegates, and alternates,
if any, to such a state convention shall be elected at a primary. All
delegates and alternates to a national party convention shall be
enrolled members of such party. When any such rule provides for [equal]
representation [of the sexes] BY GENDER, the designating petitions and
primary ballots shall list candidates for such party positions separate-
ly by [sex] GENDER MARKER. IN PROVIDING FOR SUCH REPRESENTATION, THE
PARTY SHALL ESTABLISH RULES THAT PROVIDE FOR THE ABILITY OF INDIVIDUALS
WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO SERVE AS DELEGATES
AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
§ 5. Paragraph c of subdivision 3 of section 5-504 of the election
law, as amended by chapter 659 of the laws of 1994, is amended to read
as follows:
c. The board of elections maintains, as a public record, at the appro-
priate office of the board, a complete and current alphabetized list of
all registered voters, including voters in inactive status, which
contains next to each voter's name at least the following information:
address, town or city, assembly district where appropriate, election
district, registration serial number, party enrollment, date of regis-
tration, [sex] GENDER, date of birth and, if the voter is in inactive
status, an indication of that fact.
§ 6. Subdivision 7 of section 7-116 of the election law, as added by
chapter 173 of the laws of 2017, is amended to read as follows:
7. Whenever a county board of elections or the board of elections in
the city of New York must conduct a primary election in the respective
county or the city of New York in which separate contests for [both male
and female] candidates OF DIFFERENT GENDERS for the same party position
are to be printed upon the ballots, AND WHEN RULES REQUIRE THESE POSI-
TIONS BE LISTED SEPARATELY ON THE BALLOT, the respective county board of
elections or the board of elections in the city of New York shall deter-
mine by lot [whether to first print the contest for the male candidates
or the contest for the female candidates. After such determination, the
same order shall be used for all ballots printed by the board of
elections for the entire county or city of New York and for all contests
where there are elections separated by male and female candidates for
the same party position.] THE ORDER OF THE VARIOUS GENDERED CONTESTS.
THIS LOTTERY WILL BE CONDUCTED SEPARATELY FOR EACH ELECTION THAT IS
SEPARATED BY GENDER.
A. 7933--C 4
§ 7. Section 3-102 of the election law is amended by adding a new
subdivision 18 to read as follows:
18. PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE ABILITY OF
INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO RUN
FOR POSITIONS ELECTED IN GENDERED CONTESTS WHICH RESPECT THE INDIVID-
UALS' GENDER IDENTITY. IN NO CASE SHALL THE BOARD OF ELECTIONS PROMUL-
GATE RULES THAT ARE INCONSISTENT WITH A SYSTEM THAT REQUIRES INDIVIDUALS
FILING FOR CANDIDACY TO SELF-IDENTIFY THEIR GENDER MARKER AS "M", "F",
OR "X", REQUIRES ALL CANDIDATES TO RUN IN A SINGLE RACE, AND MAINTAINS
REQUIREMENTS FOR GENDER DIVERSITY.
§ 8. This act shall take effect immediately.