NY State Senate Bill 2023-S4138

Senate Bill S4138

2023-2024 Legislative Session

Provides the option for candidates for office and petition witnesses not to put their address on designation petitions

download bill text pdf

Current Bill Status - In Senate Committee Elections 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Feb 03, 2023	referred to elections

2023-S4138 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-131, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5775
2021-2022: S2851

2023-S4138 (ACTIVE) - Summary

Relates to enacting the "Esther Salas candidate privacy act" providing the option for candidates for office and petition witnesses not to put their address on designation petitions but instead file such with the county clerk for a fee.

2023-S4138 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4138REVISED 2/10/23

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the election law, in relation to providing the option
for candidates for office and petition witnesses not to put their
address on designation petitions

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill provides the option for candidates for local and state office
and petition witnesses not to put their address on designation
petitions. This bill is called the "Esther Salas Candidate Privacy Act."

 
SUMMARY OF PROVISIONS:

Under this bill, a candidate for local or state elective office, or
petition witnesses for such elective offices, would have the option to
not provide their address of residence on a petition to seek elective
office. If this option is taken, the candidate or petition witness would
have to provide proof of address and a, sworn affidavit, on penalty of

perjury, to the county clerk in the county where the election is to be
held.

 
JUSTIFICATION:

Candidates for elective office have been targets of death threats and
attacks. For example, in Vermont, a candidate for state office was
threatened with rape and murder. This bill is named after Esther Salas,
a federal judge in New Jersey. On July 19, 2020, a man shot and killed
her 20-year-old son and injured her husband at their home.

In January 2023, a former candidate for New Mexico's Legislature had
been arrested on suspicion of orchestrating recent shootings that
damaged homes of elected leaders in the state, police said. Police said
he claimed election fraud after his defeat.

In February 2023, a New Jersey borough council member was fatally shot
near his workplace. This was just one week after another NJ borough
council member was shot and killed.

This bill would give the option to a candidate and petition witnesses to
not disclose their home address on a petition for the purpose of
protecting themselves and their family from a possible physical threat.

 
PRIOR LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE ELECTIONS

2019-20 REFERRED TO SENATE ELECTIONS

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4138 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4138
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to  providing  the  option
   for  candidates  for  office  and  petition witnesses not to put their
   address on designation petitions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Esther Salas candidate privacy act".
   § 2. The election law is amended by adding a new section 6-131 to read
 as follows:
   § 6-131. DESIGNATING PETITION; CANDIDATE AND WITNESS  INFORMATION.  1.
 NOTWITHSTANDING  ANY  OTHER  SECTION  OF LAW, ANY CANDIDATE FOR LOCAL OR
 STATE ELECTIVE OFFICE, OR PETITION WITNESSES FOR SUCH ELECTIVE  OFFICES,
 SHALL  HAVE  THE  OPTION  TO NOT PROVIDE THEIR ADDRESS OF RESIDENCE ON A
 PETITION TO SEEK ELECTIVE OFFICE. IF THIS OPTION IS TAKEN, THE CANDIDATE
 OR PETITION WITNESS SHALL PROVIDE PROOF OF ADDRESS AND A  SWORN  AFFIDA-
 VIT,  ON PENALTY OF PERJURY, TO THE COUNTY CLERK IN THE COUNTY WHERE THE
 ELECTION IS TO BE HELD.
   2. A FEE OF ONE HUNDRED DOLLARS SHALL BE ASSESSED BY THE COUNTY  CLERK
 TO ANY CANDIDATE OPTING TO NOT PROVIDE THEIR ADDRESS OF RESIDENCE ON THE
 PETITION  AND  A TWO HUNDRED DOLLAR FEE TO COVER THE COST FOR THE CANDI-
 DATE AND ALL OF THEIR PETITION WITNESSES TO NOT PROVIDE THEIR ADDRESS OF
 RESIDENCE.
   3. A FINE OF ONE THOUSAND DOLLARS SHALL BE IMPOSED ON A  CANDIDATE  OR
 PETITION  WITNESS  FOR KNOWINGLY PROVIDING FALSE MATERIAL INFORMATION TO
 THE COUNTY CLERK.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08601-01-3

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