S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8683
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. SALKA -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to the  number  of  signa-
   tures for independent nominating petitions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 6-142  of  the  election  law,  as
 amended  by  chapter  90  of  the  laws  of  2021, is amended to read as
 follows:
   1. An independent nominating petition for candidates to be  voted  for
 by  all the voters of the state must be signed by at least [forty-five]
 FIFTEEN thousand voters, or one percent of the total  number  of  votes,
 excluding blank and void ballots, cast for the office of governor at the
 last  gubernatorial  election,  whichever is less, of whom at least five
 hundred, or one percent of enrolled voters,  whichever  is  less,  shall
 reside in each of one-half of the congressional districts of the State.
   §  2.   Subdivision 1 of section 6-142 of the election law, as amended
 by section 9 of part ZZZ of chapter 58 of the laws of 2020,  is  amended
 to read as follows:
   1.  An  independent nominating petition for candidates to be voted for
 by all the voters of the state must be signed by at least [forty-five]
 FIFTEEN  thousand  voters,  or one percent of the total number of votes,
 excluding blank and void ballots, cast for the office of governor at the
 last gubernatorial election, whichever is less, of whom  at  least  five
 hundred,  or  one  percent  of enrolled voters, whichever is less, shall
 reside in each of one-half of the congressional districts of the State.
   § 3. Subdivision 3 of section 1-104 of the election law, as amended by
 section 10 of part ZZZ of chapter 58 of the laws of 2020, is amended  to
 read as follows:
   3.  The term "party" means any political organization which, excluding
 blank and void ballots, at the  last  preceding  election  for  governor
 received, at least two percent of the total votes cast for its candidate
 for  governor,  or  [one hundred thirty] FIFTY thousand votes, whichever
 [is greater] LESSER, in the year in which a governor is elected  and  at
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13620-03-1
 A. 8683                             2
 
 least  two  percent of the total votes cast for its candidate for presi-
 dent, or [one hundred thirty] FIFTY thousand votes, whichever is [great-
 er] LESSER, in a year when a president is elected.
   § 4. Subdivision 4 of section 6-138 of the election law, as amended by
 chapter 88 of the laws of 1995, is amended to read as follows:
   4.  [A  signature made earlier than six weeks prior to the last day to
 file independent petitions shall not be counted.] (A) A signature on  an
 independent  petition  for a special election made earlier than the date
 of the proclamation calling the special election shall not be counted.
   (B) SIGNATURES FOR AN INDEPENDENT PETITION FOR  THE  GENERAL  ELECTION
 SHALL  BE COLLECTED DURING A TWELVE WEEK PERIOD BEGINNING JUNE FIRST AND
 ENDING AUGUST THIRTY-FIRST. NO SIGNATURE FOR AN INDEPENDENT PETITION FOR
 THE GENERAL ELECTION SHALL BE COUNTED IF MADE PRIOR  TO  OR  AFTER  SUCH
 PERIOD.
   §  5.  Subdivisions 9, 11 and 12 of section 6-158 of the election law,
 as amended by chapter 5 of the laws of 2019,  are  amended  to  read  as
 follows:
   9. A petition for an independent nomination for an office to be filled
 at the time of a general election shall be filed not earlier than [twen-
 ty-four]  SIX weeks and not later than [twenty-three] FIVE weeks preced-
 ing such election. A petition  for  an  independent  nomination  for  an
 office  to be filled at a special election shall be filed not later than
 twelve days following the issuance of a proclamation of such election.
   11. A certificate of acceptance or declination of an independent nomi-
 nation for an office to be filled at the  time  of  a  general  election
 shall  be  filed  not  later  than [the third day after the twenty-third
 Tuesday] SEVEN WEEKS preceding such  GENERAL  election  [except  that  a
 candidate  who  files such a certificate of acceptance for an office for
 which there have been filed certificates or petitions  designating  more
 than  one candidate for the nomination of any party, may thereafter file
 a certificate of declination not later than  the  third  day  after  the
 primary  election].  A  certificate  of  acceptance or declination of an
 independent nomination for an office to be filled at a special  election
 shall  be filed not later than fourteen days following the issuance of a
 proclamation of such election.
   12. A certificate to fill a vacancy caused  by  a  declination  of  an
 independent  nomination  for  an  office  to  be filled at the time of a
 general election shall be filed not later than [the sixth day after  the
 twenty-third  Tuesday]  SEVEN  WEEKS  preceding such GENERAL election. A
 certificate to fill a vacancy caused by a declination of an  independent
 nomination  for  an  office  to be filled at a special election shall be
 filed not later than sixteen days following the issuance of a  proclama-
 tion of such election.
   §  6.  Paragraph (a) of subdivision 6 of section 6-158 of the election
 law, as amended by chapter 290 of the laws of 2019, is amended  to  read
 as follows:
   (a) A certificate of a party nomination made other than at the primary
 election  for  an  office to be filled at the time of a general election
 shall be filed not later  than  [thirty  days  after  the  June  primary
 election] SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
   §  7.  Paragraph (a) of subdivision 6 of section 6-158 of the election
 law, as amended by chapter 5 of the laws of 2019, is amended to read  as
 follows:
   (a) A certificate of a party nomination made other than at the primary
 election  for  an  office to be filled at the time of a general election
 A. 8683                             3
 
 shall be filed not later than [thirty days after the  primary  election]
 SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
   § 8. This act shall take effect immediately; provided, however, that:
   a.  the  amendments  to subdivision 1 of section 6-142 of the election
 law made by section one of this act shall be subject to  the  expiration
 and  reversion of such subdivision when upon such date the provisions of
 section two of this act shall take effect; and
   b. the amendments to paragraph (a) of subdivision 6 of  section  6-158
 of  the election law made by section six of this act shall be subject to
 the expiration and reversion of such subdivision when upon such date the
 provisions of section seven of this act shall take effect.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8683--A
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. SALKA -- read once and referred to the Committee
   on  Election  Law  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the election law, in relation to the number of signa-
   tures for independent nominating petitions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 6-142 of the election law, as
 amended by chapter 90 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   1.  An  independent nominating petition for candidates to be voted for
 by all the voters of the state must be signed by at least [forty-five]
 FIFTEEN  thousand  voters,  or one percent of the total number of votes,
 excluding blank and void ballots, cast for the office of governor at the
 last gubernatorial election, whichever is less, of whom  at  least  five
 hundred,  or  one  percent  of enrolled voters, whichever is less, shall
 reside in each of one-half of the congressional districts of the State.
   § 2.  Subdivision 1 of section 6-142 of the election law,  as  amended
 by  section  9 of part ZZZ of chapter 58 of the laws of 2020, is amended
 to read as follows:
   1. An independent nominating petition for candidates to be  voted  for
 by  all the voters of the state must be signed by at least [forty-five]
 FIFTEEN thousand voters, or one percent of the total  number  of  votes,
 excluding blank and void ballots, cast for the office of governor at the
 last  gubernatorial election, whichever is less, of whom at least [five]
 ONE hundred[,] or one percent of enrolled  voters,  whichever  is  less,
 shall  reside  in each of one-half of the congressional districts of the
 State.
   § 3. Subdivision 3 of section 1-104 of the election law, as amended by
 section 10 of part ZZZ of chapter 58 of the laws of 2020, is amended  to
 read as follows:
   3.  The term "party" means any political organization which, excluding
 blank and void ballots, at the  last  preceding  election  for  governor
 received, at least two percent of the total votes cast for its candidate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13620-04-2
 A. 8683--A                          2
 
 for  governor,  or  [one hundred thirty] FIFTY thousand votes, whichever
 [is greater] LESSER, in the year in which a governor is elected  and  at
 least  two  percent of the total votes cast for its candidate for presi-
 dent, or [one hundred thirty] FIFTY thousand votes, whichever is [great-
 er] LESSER, in a year when a president is elected.
   § 4. Subdivision 4 of section 6-138 of the election law, as amended by
 chapter 88 of the laws of 1995, is amended to read as follows:
   4.  [A  signature made earlier than six weeks prior to the last day to
 file independent petitions shall not be counted.] (A) A signature on  an
 independent  petition  for a special election made earlier than the date
 of the proclamation calling the special election shall not be counted.
   (B) SIGNATURES FOR AN INDEPENDENT PETITION FOR  THE  GENERAL  ELECTION
 SHALL  BE  COLLECTED  DURING  A  TWELVE WEEK PERIOD BEGINNING THE MONDAY
 BEFORE MEMORIAL DAY AND ENDING THE THIRD MONDAY OF AUGUST. NO  SIGNATURE
 FOR AN INDEPENDENT PETITION FOR THE GENERAL ELECTION SHALL BE COUNTED IF
 MADE PRIOR TO OR AFTER SUCH PERIOD.
   §  5.  Subdivisions 9, 11 and 12 of section 6-158 of the election law,
 as amended by chapter 5 of the laws of 2019,  are  amended  to  read  as
 follows:
   9. A petition for an independent nomination for an office to be filled
 at the time of a general election shall be filed not earlier than [twen-
 ty-four]  SIX weeks and not later than [twenty-three] FIVE weeks preced-
 ing such election. A petition  for  an  independent  nomination  for  an
 office  to be filled at a special election shall be filed not later than
 twelve days following the issuance of a proclamation of such election.
   11. A certificate of acceptance or declination of an independent nomi-
 nation for an office to be filled at the  time  of  a  general  election
 shall  be  filed  not  later  than [the third day after the twenty-third
 Tuesday] SEVEN WEEKS preceding such  GENERAL  election  [except  that  a
 candidate  who  files such a certificate of acceptance for an office for
 which there have been filed certificates or petitions  designating  more
 than  one candidate for the nomination of any party, may thereafter file
 a certificate of declination not later than  the  third  day  after  the
 primary  election].  A  certificate  of  acceptance or declination of an
 independent nomination for an office to be filled at a special  election
 shall  be filed not later than fourteen days following the issuance of a
 proclamation of such election.
   12. A certificate to fill a vacancy caused  by  a  declination  of  an
 independent  nomination  for  an  office  to  be filled at the time of a
 general election shall be filed not later than [the sixth day after  the
 twenty-third  Tuesday]  SEVEN  WEEKS  preceding such GENERAL election. A
 certificate to fill a vacancy caused by a declination of an  independent
 nomination  for  an  office  to be filled at a special election shall be
 filed not later than sixteen days following the issuance of a  proclama-
 tion of such election.
   §  6.  Paragraph (a) of subdivision 6 of section 6-158 of the election
 law, as amended by chapter 290 of the laws of 2019, is amended  to  read
 as follows:
   (a) A certificate of a party nomination made other than at the primary
 election  for  an  office to be filled at the time of a general election
 shall be filed not later  than  [thirty  days  after  the  June  primary
 election] SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
   §  7.  Paragraph (a) of subdivision 6 of section 6-158 of the election
 law, as amended by chapter 5 of the laws of 2019, is amended to read  as
 follows:
 A. 8683--A                          3
 
   (a) A certificate of a party nomination made other than at the primary
 election  for  an  office to be filled at the time of a general election
 shall be filed not later than [thirty days after the  primary  election]
 SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
   § 8. This act shall take effect immediately; provided, however, that:
   a.  the  amendments  to subdivision 1 of section 6-142 of the election
 law made by section one of this act shall be subject to  the  expiration
 and  reversion of such subdivision when upon such date the provisions of
 section two of this act shall take effect; and
   b. the amendments to paragraph (a) of subdivision 6 of  section  6-158
 of  the election law made by section six of this act shall be subject to
 the expiration and reversion of such subdivision when upon such date the
 provisions of section seven of this act shall take effect.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8683--B
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced by M. of A. SALKA, BLANKENBUSH, TAGUE, DeSTEFANO, ANGELINO --
   read  once  and referred to the Committee on Election Law -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the election law, in relation to the number of signa-
   tures for independent nominating petitions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 6-142 of the election law, as
 amended by section 9 of part ZZZ of chapter 58 of the laws of  2020,  is
 amended to read as follows:
   1.  An  independent nominating petition for candidates to be voted for
 by all the voters of the state must be signed by at least [forty-five]
 FIFTEEN  thousand  voters,  or one percent of the total number of votes,
 excluding blank and void ballots, cast for the office of governor at the
 last gubernatorial election, whichever is less, of whom at least  [five]
 ONE  hundred[,]  or  one  percent of enrolled voters, whichever is less,
 shall reside in each of one-half of the congressional districts  of  the
 State.
   § 2. Subdivision 3 of section 1-104 of the election law, as amended by
 section  10 of part ZZZ of chapter 58 of the laws of 2020, is amended to
 read as follows:
   3. The term "party" means any political organization which,  excluding
 blank  and  void  ballots,  at  the last preceding election for governor
 received, at least two percent of the total votes cast for its candidate
 for governor, or [one hundred thirty] FIFTY  thousand  votes,  whichever
 [is  greater]  LESSER, in the year in which a governor is elected and at
 least two percent of the total votes cast for its candidate  for  presi-
 dent, or [one hundred thirty] FIFTY thousand votes, whichever is [great-
 er] LESSER, in a year when a president is elected.
   § 3. Subdivision 4 of section 6-138 of the election law, as amended by
 chapter 88 of the laws of 1995, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13620-07-2
              

 A. 8683--B                          2
 
   4.  [A  signature made earlier than six weeks prior to the last day to
 file independent petitions shall not be counted.] (A) A signature on  an
 independent  petition  for a special election made earlier than the date
 of the proclamation calling the special election shall not be counted.
   (B)  SIGNATURES  FOR  AN INDEPENDENT PETITION FOR THE GENERAL ELECTION
 SHALL BE COLLECTED DURING A TWELVE  WEEK  PERIOD  BEGINNING  THE  MONDAY
 BEFORE  MEMORIAL DAY AND ENDING THE THIRD MONDAY OF AUGUST. NO SIGNATURE
 FOR AN INDEPENDENT PETITION FOR THE GENERAL ELECTION SHALL BE COUNTED IF
 MADE PRIOR TO OR AFTER SUCH PERIOD.
   § 4. Subdivisions 9, 11 and 12 of section 6-158 of the  election  law,
 as  amended  by  chapter 164 of the laws of 2022, are amended to read as
 follows:
   9. A petition for an independent nomination for an office to be filled
 at the time of a general election shall be filed not earlier than [twen-
 ty-four] SIX weeks and not later than twenty-three weeks preceding  such
 election.  A  petition for an independent nomination for an office to be
 filled at a special election shall be filed not later than  twelve  days
 following  the  issuance  of  a  proclamation of such election, provided
 however, such certificate shall  be  filed  not  later  than  nine  days
 following  the  issuance  of  a  proclamation of a special election held
 pursuant to paragraph b of subdivision three of section forty-two of the
 public officers law.
   11. A certificate of acceptance or declination of an independent nomi-
 nation for an office to be filled at the  time  of  a  general  election
 shall  be  filed  not  later  than [the third day after the twenty-third
 Tuesday] SEVEN WEEKS preceding such  GENERAL  election  [except  that  a
 candidate  who  files such a certificate of acceptance for an office for
 which there have been filed certificates or petitions  designating  more
 than  one candidate for the nomination of any party, may thereafter file
 a certificate of declination not later than  the  third  day  after  the
 primary  election].  A  certificate  of  acceptance or declination of an
 independent nomination for an office to be filled at a special  election
 shall  be filed not later than fourteen days following the issuance of a
 proclamation of such election, provided however, such certificate  shall
 be  filed not later than eleven days following the issuance of a procla-
 mation of a special election held pursuant to paragraph b of subdivision
 three of section forty-two of the public officers law.
   12. A certificate to fill a vacancy caused  by  a  declination  of  an
 independent  nomination  for  an  office  to  be filled at the time of a
 general election shall be filed not later than [the sixth day after  the
 twenty-third Tuesday] SEVEN WEEKS preceding such election. A certificate
 to  fill  a vacancy caused by a declination of an independent nomination
 for an office to be filled at a special  election  shall  be  filed  not
 later than sixteen days following the issuance of a proclamation of such
 election,  provided  however,  such certificate shall be filed not later
 than thirteen days following the issuance of a proclamation of a special
 election held pursuant to paragraph b of subdivision  three  of  section
 forty-two of the public officers law.
   §  5.  Paragraph (a) of subdivision 6 of section 6-158 of the election
 law, as amended by section 6 of chapter 164 of  the  laws  of  2022,  is
 amended to read as follows:
   (a) A certificate of a party nomination made other than at the primary
 election  for  an  office to be filled at the time of a general election
 shall be filed not later  than  [thirty  days  after  the  June  primary
 election] SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
 A. 8683--B                          3
 
   §  6.  Paragraph (a) of subdivision 6 of section 6-158 of the election
 law, as amended by section 7 of chapter 164 of  the  laws  of  2022,  is
 amended to read as follows:
   (a) A certificate of a party nomination made other than at the primary
 election  for  an  office to be filled at the time of a general election
 shall be filed not later than [thirty days after the  primary  election]
 SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
   §  7.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (a) of subdivision 6 of section 6-158 of the
 election law made by section five of this act shall be  subject  to  the
 expiration  and  reversion  of  such subdivision when upon such date the
 provisions of section six of this act shall take effect.