S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8383
 
                             I N  S E N A T E
 
                             January 25, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 authorizing  the  board
   of elections to alter the presidential ballot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 4-110 of the election law, as amended by chapter  5
 of the laws of 2019, is amended  to read as follows:
   §  4-110. Certification of primary election candidates; state board of
 elections. 1. The state board of elections, not  later  than  fifty-five
 days  before  a  primary election, shall certify to each county board of
 elections: The name and residence of each  candidate  to  be  voted  for
 within  the  political  subdivision of such board for whom a designation
 has been filed with the state board; the title of the office or position
 for which the candidate is designated; the name of the party upon  whose
 primary  ballot  his or her name is to be placed; and the order in which
 the names of the candidates are to be printed as determined by the state
 board. Where an office or position is  uncontested,  such  certification
 shall state such fact.
   2.  NOTWITHSTANDING  SUBDIVISION  ONE OF THIS SECTION, A CANDIDATE FOR
 WHOM A DESIGNATION HAS BEEN FILED WHO HAS BEEN FOUND BY THE STATE  BOARD
 OF  ELECTIONS  TO  HAVE ENGAGED IN INSURRECTION OR REBELLION AGAINST THE
 UNITED STATES, OR GIVEN AID OR COMFORT TO THE ENEMIES THEREOF, SHALL NOT
 BE SO CERTIFIED, UNLESS THE UNITED STATES CONGRESS, BY A  VOTE  OF  TWO-
 THIRDS  OF EACH HOUSE, HAS REMOVED SUCH DISABILITY. FOR PURPOSES OF SUCH
 DETERMINATION, WHERE THE STATE BOARD OF ELECTIONS IS UNABLE TO  REACH  A
 FINDING,  THE  QUESTION  SHALL, WITHIN TWENTY-FOUR HOURS, BE REFERRED TO
 THE OFFICE OF THE ATTORNEY GENERAL BY THE CO-EXECUTIVE DIRECTORS OF  THE
 STATE  BOARD OF ELECTIONS FOR A FORMAL OPINION, WHICH, ABSENT A CONTRARY
 ORDER BY A COURT OF COMPETENT JURISDICTION, SHALL BE CONCLUSIVE  OF  THE
 INQUIRY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13155-03-4