BILL NUMBER: S1133

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the election law, in relation to directing that the use
of a candidate's alternate, familiar or anglicized name is permissible
on electoral nominating petitions and ballots

 
PURPOSE:

To clarify that the use of alternate, anglicized or familiar names on
election petitions and ballots is acceptable provided that such name is
demonstrated to be commonly used to identify that person in the person's
community and that the use of such name is not intended to mislead
voters or petition signers.

 
JUSTIFICATION:

Recently, two Muslim women running for elected office in the borough of
Queens, city of New York, were removed from the ballot by the Board of
              

Elections because the names they used on their designating petitions did
not match their registered voter name. Furthermore, the board argued
that the candidate's names were invalid, as they were not a diminutive
or familiar derivative of their registered names.  This decision by the
Board of Elections does not give due consideration to cultural and
ethnic practices surrounding naming and name usage. Many people with
ethnically traditional names unfamiliar to the general population adopt
an alternate or anglicized name which is easier to remember or
pronounce. They should not be penalized for doing so, even when the
alternate name is not easily perceived to be or is not derived from the
person's legal name.

The New York courts have repeatedly found that the use of alternate
names acceptable, so long as the name has been established in that
community and the voters are not misled by the use of the name. As is
noted in the New York State Board of Elections Election Law Update Manu-
al of 2019, wherein it is written "The name that a candidate uses on his
or her petition is the name that will appear on the ballot (Election Law
§ 7-102). A candidate may be put on the petition and ballot under a name
he or she has adopted in good faith and by which he or she is recognized
in the community (In re Steel, 186 Misc 98 (Sup Ct New York County
1946), affd 270 AD 806 1946)".

The legislature finds and declares that it is in the best interests of
the people of the state to clarify that the use of alternate, anglicized
or familiar names on election petitions and ballots is acceptable
provided that such name is demonstrated to be commonly used to identify
that person in the person's community and that the use of such name is
not intended to mislead voters or petition signers.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.