S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  253--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. MAGNARELLI, McDONALD, LUPARDO, LUNSFORD, WALLACE,
   McMAHON  -- 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
 
 AN ACT to amend the election law, in relation to county committee desig-
   nations of candidates for certain offices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  6-127
 to read as follows:
   §  6-127.  DESIGNATION  BY COUNTY COMMITTEE. 1. PARTY DESIGNATION OF A
 CANDIDATE FOR NOMINATION AT A PRIMARY ELECTION  IN  COUNTIES,  EXCLUDING
 COUNTIES LOCATED WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE,
 FOR  ANY OFFICE TO BE FILLED BY THE VOTERS OF THE ENTIRE COUNTY SHALL BE
 MADE BY THE COUNTY COMMITTEE, IF THE  PARTY  RULES  OF  SUCH  COUNTY  SO
 PROVIDE.
   2.  PARTY  DESIGNATION  OF  A  CANDIDATE  FOR  NOMINATION AT A PRIMARY
 ELECTION FOR ANY OFFICE WHOSE ELECTORAL DISTRICT IS CONTAINED  WITHIN  A
 COUNTY,  EXCLUDING  COUNTIES  LOCATED WITHIN A CITY WITH A POPULATION OF
 ONE MILLION OR MORE, SHALL BE  MADE  BY  THE  COUNTY  COMMITTEE  MEMBERS
 REPRESENTING  THE  DISTRICT  ASSOCIATED  WITH  SUCH OFFICE, IF THE PARTY
 RULES OF SUCH COUNTY SO PROVIDE.
   3. FOR EACH ASSEMBLY DISTRICT OR PART OF  AN  ASSEMBLY  DISTRICT  FROM
 WHICH  DELEGATES  TO  A JUDICIAL NOMINATING CONVENTION ARE TO BE ELECTED
 PURSUANT TO SECTION 6-124 OF  THIS  ARTICLE,  EXCLUDING  THOSE  ASSEMBLY
 DISTRICTS  OR PARTS OF ASSEMBLY DISTRICTS THAT ARE LOCATED WITHIN CITIES
 WITH A POPULATION OF ONE MILLION OR MORE, CANDIDATES FOR THE POSITION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00314-07-4
 A. 253--B                           2
 
 JUDICIAL DELEGATE AND ALTERNATE JUDICIAL DELEGATE TO  BE  ELECTED  AT  A
 PRIMARY  ELECTION  SHALL  BE  DESIGNATED BY THE COUNTY COMMITTEE MEMBERS
 REPRESENTING SUCH ASSEMBLY DISTRICT OR PART OF AN ASSEMBLY DISTRICT,  IF
 THE  PARTY RULES OF THE COUNTY CONTAINING SUCH ASSEMBLY DISTRICT OR PART
 OF AN ASSEMBLY DISTRICT SO PROVIDE.
   4. DESIGNATIONS MADE PURSUANT TO SUBDIVISIONS  ONE  THROUGH  THREE  OF
 THIS  SECTION  SHALL  BE  MADE  BY WEIGHTED VOTE OF ALL COUNTY COMMITTEE
 MEMBERS QUALIFIED TO VOTE FOR EACH SUCH DESIGNATION. THE VOTE OF  COUNTY
 COMMITTEE  MEMBERS SHALL BE HELD NOT EARLIER THAN TWENTY-ONE DAYS BEFORE
 THE FIRST DAY TO SIGN DESIGNATING PETITIONS AND NOT LATER THAN THE FIRST
 DAY TO SIGN DESIGNATING PETITIONS FOR THE PRIMARY ELECTION. WITHIN  FOUR
 DAYS  AFTER  SUCH  VOTES ARE TAKEN, THE COUNTY COMMITTEE SHALL FILE WITH
 THE COUNTY BOARD OF ELECTIONS THE NAMES OF THE  PERSONS  WHO  HAVE  BEEN
 DESIGNATED  AND  THE  OFFICES  OR DELEGATE POSITIONS FOR WHICH THEY HAVE
 BEEN DESIGNATED. UPON THE VOTE FOR EACH SUCH  DESIGNATION,  EACH  COUNTY
 COMMITTEE MEMBER SHALL BE ENTITLED TO CAST A NUMBER OF VOTES WHICH SHALL
 BE  IN ACCORDANCE WITH THE RATIO WHICH THE NUMBER OF VOTES FOR THE PARTY
 CANDIDATE FOR GOVERNOR ON THE LINE OR COLUMN OF THE PARTY  AT  THE  LAST
 PRECEDING  GENERAL  ELECTION  IN  THE UNIT OF REPRESENTATION SUCH MEMBER
 REPRESENTS BEARS TO THE TOTAL VOTE CAST ON SUCH LINE OR COLUMN  AT  SUCH
 ELECTION  FOR SUCH CANDIDATE FOR GOVERNOR IN THE ENTIRE DISTRICT ASSOCI-
 ATED WITH THE OFFICE OR DELEGATE POSITION FOR WHICH THE  DESIGNATION  IS
 BEING  MADE.  THE  APPORTIONMENT OF SUCH VOTES AS SO PRESCRIBED SHALL BE
 DETERMINED BY THE RULES OF THE PARTY. THE PERSON RECEIVING THE  MAJORITY
 OF THE WEIGHTED VOTE SHALL BE THE PARTY'S DESIGNATED CANDIDATE FOR NOMI-
 NATION  AT  THE PRIMARY ELECTION, OR, IF SUCH DESIGNATION IS FOR A JUDI-
 CIAL DELEGATE OR ALTERNATE JUDICIAL DELEGATE, FOR ELECTION AT THE PRIMA-
 RY ELECTION, AND ALL OTHER PERSONS WHO SHALL HAVE  RECEIVED  TWENTY-FIVE
 PERCENT  OR  MORE OF THE WEIGHTED VOTE CAST ON ANY BALLOT SHALL HAVE THE
 RIGHT TO MAKE WRITTEN DEMAND, DULY ACKNOWLEDGED, TO THE COUNTY BOARD  OF
 ELECTIONS  THAT  THEIR  NAMES APPEAR ON THE PRIMARY BALLOT AS CANDIDATES
 FOR SUCH NOMINATION OR DELEGATE POSITION. SUCH DEMAND SHALL BE MADE  NOT
 LATER THAN SEVEN DAYS AFTER THE VOTE OF THE COUNTY COMMITTEE MEMBERS AND
 MAY BE WITHDRAWN IN THE SAME MANNER WITHIN FOURTEEN DAYS OF SUCH VOTE.
   5.  PARTY  DESIGNATION  OF  A  CANDIDATE  FOR  NOMINATION AT A PRIMARY
 ELECTION FOR ANY OFFICE WHOSE ELECTORAL DISTRICT ENCOMPASSES PORTIONS OF
 MORE THAN ONE COUNTY SHALL BE  MADE  BY  THE  COUNTY  COMMITTEE  MEMBERS
 REPRESENTING  THE  DISTRICT  ASSOCIATED  WITH  SUCH OFFICE, IF THE PARTY
 RULES OF EACH COUNTY CONTAINING A PORTION OF THE  DISTRICT  SO  PROVIDE,
 EXCEPT  WHERE ANY SUCH COUNTY IS LOCATED WITHIN A CITY WITH A POPULATION
 OF ONE MILLION OR MORE.
   6.(A) DESIGNATIONS MADE PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION
 SHALL BE MADE BY WEIGHTED VOTE OF ALL COUNTY COMMITTEE MEMBERS QUALIFIED
 TO VOTE FOR EACH SUCH DESIGNATION.
   (B)  THE  COUNTY COMMITTEE OF EACH COUNTY INCLUDED WITHIN AN ELECTORAL
 DISTRICT OR DISTRICTS FOR WHICH SUCH A DESIGNATION IS BEING  MADE  SHALL
 CONVENE  A  MEETING  FOR  THE PURPOSE OF ASCERTAINING AND CERTIFYING THE
 VOTES OF ITS MEMBERS WHO ARE QUALIFIED TO VOTE FOR ANY SUCH DESIGNATION.
 EACH SUCH MEETING SHALL BE HELD NOT EARLIER THAN TWENTY-ONE DAYS  BEFORE
 THE  FIRST  DAY  TO  SIGN DESIGNATING PETITIONS AND NOT LATER THAN SEVEN
 DAYS BEFORE THE FIRST DAY TO SIGN DESIGNATING PETITIONS FOR THE  PRIMARY
 ELECTION.  DURING  EACH  SUCH MEETING, FOR EACH ELECTED OFFICE FOR WHICH
 MEMBERS OF THE COUNTY COMMITTEE  ARE  ELIGIBLE  TO  PARTICIPATE  IN  THE
 CANDIDATE  DESIGNATION PROCESS, A VOTE SHALL BE HELD WHEREIN EACH COUNTY
 COMMITTEE MEMBER ELIGIBLE TO VOTE FOR SUCH DESIGNATION SHALL BE ENTITLED
 A. 253--B                           3

 TO CAST A SINGLE BALLOT SPECIFYING THE  NAME  OF  ONE  PERSON  WHOM  THE
 MEMBER WISHES TO DESIGNATE AS A CANDIDATE FOR SUCH NOMINATION.
   (C)  WITHIN FOUR DAYS AFTER SUCH MEETING IS HELD, THE COUNTY COMMITTEE
 SHALL FILE WITH THE STATE BOARD OF ELECTIONS A  DOCUMENT,  CERTIFIED  BY
 THE  CHAIRPERSON AND THE SECRETARY OF THE COUNTY COMMITTEE, IDENTIFYING,
 FOR EACH ELECTED OFFICE FOR WHICH MEMBERS OF THE COUNTY  COMMITTEE  CAST
 DESIGNATING BALLOTS, THE NAME OF EACH COUNTY COMMITTEE MEMBER WHO CAST A
 BALLOT  DURING  THE  VOTE,  THE  UNIT OF REPRESENTATION EACH SUCH MEMBER
 REPRESENTS, AND THE NAME OF THE PERSON WHOM EACH SUCH  MEMBER  VOTED  TO
 DESIGNATE.
   (D)  FOR  EACH  ELECTED  OFFICE FOR WHICH THE STATE BOARD OF ELECTIONS
 RECEIVES CERTIFIED RESULTS OF DESIGNATING VOTES FROM THE COUNTY  COMMIT-
 TEES  OF  THE COUNTIES INCLUDED WITHIN THE ELECTORAL DISTRICT ASSOCIATED
 WITH SUCH OFFICE, THE STATE BOARD OF ELECTIONS SHALL  DETERMINE,  WITHIN
 SEVEN  DAYS  OF  RECEIVING SUCH RESULTS, THE WEIGHTED VOTE OF ALL COUNTY
 COMMITTEE MEMBERS WHO VOTED FOR SUCH DESIGNATION. THE WEIGHTED  VOTE  OF
 EACH  SUCH  COMMITTEE  MEMBER SHALL BE EQUIVALENT TO THE RATIO WHICH THE
 NUMBER OF VOTES FOR THE PARTY CANDIDATE FOR  GOVERNOR  ON  THE  LINE  OR
 COLUMN  OF  THE PARTY AT THE LAST PRECEDING GENERAL ELECTION IN THE UNIT
 OF REPRESENTATION SUCH MEMBER REPRESENTS BEARS TO THE TOTAL VOTE CAST ON
 SUCH LINE OR COLUMN AT SUCH ELECTION FOR SUCH CANDIDATE FOR GOVERNOR  IN
 THE ENTIRE DISTRICT ASSOCIATED WITH THE OFFICE FOR WHICH THE DESIGNATION
 IS BEING MADE.
   (E)  IF  ANY  PERSON  RECEIVED  A  MAJORITY OF THE WEIGHTED VOTE, THAT
 PERSON SHALL BE THE PARTY'S DESIGNATED CANDIDATE FOR NOMINATION  AT  THE
 PRIMARY  ELECTION, AND ALL OTHER PERSONS WHO SHALL HAVE RECEIVED TWENTY-
 FIVE PERCENT OR MORE OF THE WEIGHTED VOTE SHALL HAVE THE RIGHT  TO  MAKE
 WRITTEN  DEMAND, DULY ACKNOWLEDGED, TO THE STATE BOARD OF ELECTIONS THAT
 THEIR NAMES APPEAR ON THE PRIMARY BALLOT AS CANDIDATES  FOR  SUCH  NOMI-
 NATION.  SUCH  DEMAND  SHALL BE MADE NOT LATER THAN SEVEN DAYS AFTER THE
 FIRST DAY TO SIGN DESIGNATING PETITIONS FOR THE PRIMARY ELECTION AND MAY
 BE WITHDRAWN IN THE SAME MANNER WITHIN FOURTEEN DAYS OF THE FIRST DAY TO
 SIGN DESIGNATING PETITIONS FOR THE PRIMARY ELECTION.
   7. NO PERSON MAY, IN A GIVEN YEAR, BE CHOSEN AS A  PARTY'S  DESIGNATED
 CANDIDATE FOR NOMINATION AT A PRIMARY ELECTION OR MAKE WRITTEN DEMAND TO
 ANY BOARD OF ELECTIONS THAT THEIR NAME APPEAR ON THE PRIMARY BALLOT AS A
 CANDIDATE  FOR PARTY NOMINATION FOR MORE THAN ONE OFFICE PURSUANT TO THE
 PROVISIONS OF THIS SECTION.
   8. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ENROLLED MEMBERS OF
 THE PARTY MAY MAKE DESIGNATIONS BY PETITION FOR A  MEMBER  OF  THE  SAME
 PARTY PURSUANT TO SECTION 6-136 OF THIS ARTICLE.
   9.  NOTWITHSTANDING  THE PROVISIONS OF THIS SECTION, PARTY NOMINATIONS
 FOR VILLAGE AND TOWN ELECTIONS MAY BE MADE BY CAUCUS PURSUANT  TO  TITLE
 TWO OF THIS ARTICLE AND SECTION 6-108 OF THIS ARTICLE, RESPECTIVELY. FOR
 ELECTIONS  WHEREIN NOMINEES ARE CHOSEN BY CAUCUS, THE PROVISIONS OF THIS
 SECTION SHALL NOT BE APPLICABLE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.