Assembly Bill A713A

2023-2024 Legislative Session

Relates to proceedings with respect to designating and nominating petitions

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Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A713 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §16-102, El L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8243
2019-2020: A3328
2021-2022: A634

2023-A713 - Summary

Allows for limited three-day expansion of the statute of limitations where a proceeding to invalidate a designating or nominating petition has been commenced.

2023-A713 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    713
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. CARROLL, SEAWRIGHT -- read once and referred to
   the Committee on Election Law
 
 AN ACT to amend the  election  law,  in  relation  to  proceedings  with
   respect to designating and nominating petitions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 16-102 of  the  election  law,  as
 amended  by  chapter  164  of  the  laws  of 2022, is amended to read as
 follows:
   2. A proceeding with respect to a petition  shall  be  instituted  (A)
 within  fourteen  days after the last day to file the petition, [or] (B)
 within three business days after the officer or board with whom or which
 such petition was  filed,  makes  a  determination  of  invalidity  with
 respect  to  such  petition, OR (C) WITHIN THREE BUSINESS DAYS AFTER THE
 PROPER SERVICE OF PLEADINGS FOR A TIMELY INVALIDATION PROCEEDING, which-
 ever is later; except that a proceeding with respect to a petition for a
 village election or a nomination for a special election shall be  insti-
 tuted  within  seven  days after the last day to file the certificate or
 petition for such village election or nomination or within  three  busi-
 ness days after the officer or board with whom or which such certificate
 or  petition was filed, makes a determination of invalidity with respect
 to such certificate or petition, whichever is later. A  proceeding  with
 respect  to  a  primary,  convention,  meeting  of a party committee, or
 caucus shall be instituted within ten days after  the  holding  of  such
 primary  or  convention  or the filing of the certificate of nominations
 made at such caucus or meeting of a party committee.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00791-02-3

co-Sponsors

2023-A713A (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §16-102, El L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8243
2019-2020: A3328
2021-2022: A634

2023-A713A (ACTIVE) - Summary

Allows for limited three-day expansion of the statute of limitations where a proceeding to invalidate a designating or nominating petition has been commenced.

2023-A713A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  713--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL, SEAWRIGHT, EPSTEIN, SHIMSKY, GLICK,
   JACOBSON -- read once and referred to the Committee on Election Law --
   recommitted to the Committee on Election Law in accordance with Assem-
   bly 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 proceedings with
   respect to designating and nominating petitions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 16-102 of the election law, as
 amended by chapter 474 of the laws  of  2023,  is  amended  to  read  as
 follows:
   2.  A  proceeding  with respect to a petition shall be instituted: (A)
 within fourteen days after the last day to  file  the  petition[,];  (B)
 within four days after the last day that a certificate to fill a vacancy
 in  a  designation  shall be filed[, or]; (C) within three business days
 after the officer or board with whom or which such petition  was  filed,
 makes  a  determination  of  invalidity with respect to such petition or
 certificate to fill a vacancy; OR (D) WITHIN THREE BUSINESS  DAYS  AFTER
 THE  PROPER SERVICE OF PLEADINGS FOR A TIMELY PROCEEDING TO INVALIDATE A
 PETITION, whichever is later; except that a proceeding with respect to a
 petition for a village election or a nomination for a  special  election
 shall  be  instituted  within  seven days after the last day to file the
 certificate or petition for such village election or nomination or with-
 in three business days after the officer or board  with  whom  or  which
 such  certificate  or petition was filed, makes a determination of inva-
 lidity with respect to such certificate or petition, whichever is later.
 A proceeding with respect to a primary, convention, meeting of  a  party
 committee, or caucus shall be instituted within ten days after the hold-
 ing  of  such  primary or convention or the filing of the certificate of
 nominations made at such caucus or meeting of a party committee.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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