BILL NUMBER: S7997

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the election law, in relation to the number of signa-
tures for independent nominating petitions

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the number of signatures for independent nominating petitions

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 6-142 of the election law, as
amended by section 9 of part ZZZ of chapter 58 of the laws of 2020 to
read: An independent nominating petition for candidates to be voted for
by all the voters of the state must be signed by at least  
FORTY-FIVE
fifteen thousand voters, or one percent of the total number of votes,
excluding blank and void ballots, cast for the office of governor at the
gubernatorial election, whichever is less, of whom at least  
              

FIVE one
hundred  
, or one percent of enrolled voters, whichever is less, shall
reside in each of one-half of the congressional districts of the State.

Section 2 amends subdivision 3 of section 1-104 of the election law, as
amended by section 10 of part ZZZ of chapter 58 of the laws of 2020 to
read: The term "party" means any political organization which, excluding
blank and void ballots, at the last preceding election for governor
received, at least two percent of the total votes cast for its candidate
for governor, or  
ONE HUNDRED THIRTY fifty thousand votes, whichever
 
IS GREATER lesser, in the year in which a governor is elected and at
least two percent of the total votes cast for its candidate for presi-
dent, or  
ONE HUNDRED THIRTY fifty thousand votes, whichever is (great-
er) lesser, in a year when a president is elected.

Section 3 amends subdivision 4 of section 6-138 of the election law, as
amended by chapter 88 of the laws of 1995 to read: A signature made
earlier than six weeks prior to the last day to file independent
petitions shall not be counted. (a) A signature on an independent peti-
tion for a special election made earlier than the date of the proclama-
tion calling the special election shall not be counted. (b) Signatures
for an independent petition for the general election shall be collected
during a twelve week period beginning the Monday before Memorial Day and
ending the third Monday of August. No signature for an independent peti-
tion for the general election shall be counted if made prior to or after
such period.

Section 4 amends subdivisions 9, 11 and 12 of section 6-158 of the
election law, as amended by chapter 164 of the laws of 2022 to read:  9.
A petition for an independent nomination for an office to be filled at
the time of a general election shall be filed not earlier than  
TWENTY-
FOUR twenty-three weeks and not later than  
TWENTY-THREE six weeks
preceding such election. A petition for an independent nomination for an
office to be filled at a special election shall be filed not later than
twelve days following the issuance of a proclamation of such election,
provided however, such certificate shall be filed not later than nine
days following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law.
11. A certificate of acceptance or declination of an independent nomi-
nation for an office to be filled at the time of a general election
shall be filed not later than  
THE THIRD DAY AFTER THE TWENTY-THIRD
TUESDAY seven weeks preceding such general election  
EXCEPT 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 THIRD DAY AFTER THE
PRIMARY ELECTION. A certificate of acceptance or declination of an
independent nomination for an office to be filled at a special election
shall be filed not later than fourteen days following the issuance of a
proclamation of such election held pursuant to paragraph b of subdivi-
sion three of section forty-two of the public officers law.

12. A certificate to fill a vacancy caused by a declination of an inde-
pendent nomination for an office to be filled at the time of a general
election shall be filed not later than  
THE SIXTH DAY AFTER THE TWENTY-
THIRD TUESDAY seven weeks preceding such general election. A certif-
icate to fill a vacancy caused by a declination of an independent nomi-
nation for an office to be filled at a special election shall be filed
not later than sixteen days following the issuance of a proclamation of
such election, provided however, such certificate shall be filled not
later than thirteen days following the issuance of a proclamation of a
special election held pursuant to paragraph b of subdivision three of
section forty-two of the public officers law.

Section 5 Paragraph (a) of subdivision 6 of section 6-158 of the
election law, as amended by section 7 of chapter 164 of the laws of 2022
to read: A certificate of a party, nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than  
THIRTY DAYS AFTER THE PRIMARY
ELECTION seven weeks preceding such general election.

Section 6 provides the effective date.

 
JUSTIFICATION:

Allowing electoral laws which explicitly deny citizens' voices in the
electoral process - no matter how unpleasant those voices might sound to
major parties or promoted candidates -- can only damage the image of
American democracy around the world. Such actions can only exacerbate
the suspicion of corruption in our electoral process and add to voter
apathy and discourage debate and citizen participation.  Thus, these
problems in the voting law of 2020-21, which can be rectified by this
legislation, contradict the intention of the larger section of Part ZZZ
of the ...

In fact, the stated "intent" of the larger electoral change in Section
14200 ZZZ which called for the public financing stated that "reform of
New York state's campaign finance system" was being proposed because of
the "crucial" need "to improving public confidence in the state's demo-
cratic processes and continuing to ensure a government that is account-
able to all of the voters of the state regardless of wealth or posi-
tion".

The language of the "intent" continues to discuss the appearance of
corruption in the existing electoral process due to the pressure of
campaign fundraising and the large contributions allowed from special
interests, and the effect the legislation suggests such circumstances
has on voter apathy. It states that incumbents' attention to the demands
of campaign fundraising takes time from legislators' communication with
their less well-heeled constituents and concludes that the intent of the
new policies is designed to "enlarge the public debate and increase
participation in the democratic process."

However, in contradiction to the stated intent, the bill then states
that minor parties or independent candidates must in fact be discouraged
from such participation in the democratic process. It adds the demand
that ballot requirements be changed explicitly to make it more difficult
to participate, and thus that the public funds be focused on the needs
of the major parties and candidates alone.

Protecting major party candidates from hearing the voices of minor
parties and independent candidates by denying their ability to join the
electoral process will encourage exactly the problems the legislation
purported to solve. Making $100 million of voters' funds available to
only established candidates will only encourage the image of corruption
of the electoral system. It is inaccurate to suggest that smaller candi-
dates will take the major candidates matching funds because there are
other qualifications to receive those funds which would be challenging
for a smaller party or minor candidate to achieve. Again, allowing elec-
toral laws which explicitly deny citizens' voices in the electoral proc-
ess - no matter how unpleasant those voices might sound to major parties
or promoted candidates can only damage the image of American democracy
around the world. Such actions can only exacerbate the image of
corruption in our electoral process and add to voter apathy and discour-
age debate and citizen participation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.