BILL NUMBER: S1717

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the election law, in relation to nominating and desig-
nating petitions and certificates

 
PURPOSE:

To allow a candidate seeking to fill an office position in a general
election the opportunity to decline a party designation upon conclusion
of the primary election.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 6-158 of the election law to provide 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 seventh day after the
              

primary election."

Section 2 establishes the effective date.

 
EXISTING LAW:

A certification of declination can only be filed within four days after
the final day to file such a designation.

 
JUSTIFICATION:

Currently, a candidate for an office to be filled at the time of a
general election has the ability to decline an independent nomination
after the primary election. No similar provision exists for a candidate
to decline a party designation after a primary election. As a result,
designated candidates who lost a party primary are forced to remain on
the ballot, regardless of whether they have opted to end campaigning
efforts or have endorsed another candidate. The presence of a candidate
on the ballot who has already resigned from the race serves no other
purpose than to siphon off votes from earnest candidates.

The lack of such a provision has also encouraged the practice of using
Supreme Court nominations to create a vacancy after a primary election,
Something as important as a judicial nomination should not be used as a
tool to remove a candidate who no longer wishes to run from a ballot.
This bill would make this practice unnecessary.

 
LEGISLATIVE HISTORY:

2019-20: S.533/A.1400 Referred to Elections/Referred to Election law

2017-18: S.1130/A.9761 Referred to Elections/Referred to Election law

2015-16: S.84/A.5951 Referred to Elections/Referred to Election Law

2013-14: S.94/A.111 Referred to Elections/Referred to Election Law

2011-12: S.4827-A/A.10789 Passed Senate/Referred to Election Law
 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.