NY State Senate Bill 2023-S8446B

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2024	print number 8446b
May 29, 2024	amend (t) and recommit to elections
May 28, 2024	print number 8446a
May 28, 2024	amend and recommit to elections
Jan 30, 2024	referred to elections

Bill Amendments

Original

B (Active)

2023-S8446 - Details

See Assembly Version of this Bill:: A253
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-127, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10912
2019-2020: A1766
2021-2022: A1449

2023-S8446 - Summary

Relates to party nominations for candidates for office, excluding counties located within cities with a population of one million or more.

2023-S8446 - Sponsor Memo

                                 
BILL NUMBER: S8446

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the election law, in relation to certain party nomi-
nations for candidates for county office

 
PURPOSE:

To provide that party designation of a candidate for nomination for any
office be filled by the voters of the entire county shall be made by the
county committee and eliminate unnecessary petitioning for designated
candidates.

 
SUMMARY OF PROVISIONS:

Section 1. Amends election law to add a new section 6-109 that will
outline the process by which party designation of a candidate for nomi-
nation for any office will be filled by the voters of an entire county
by county committee members, excluding counties located within a city
having a population greater than 1 million. This process will allow

candidates receiving a majority vote of the county committee to be
placed on the primary ballot without petitioning. Additionally, candi-
dates who receive more than 25% of the committee vote will alsoò be
granted access to the primary ballot. Candidates will also still be able
to gather petitions to access the primary ballot.

Section 2. Establishes the effective date:

 
JUSTIFICATION:

Currently under New York State Election Law, individuals who desire to
run for political office are required to obtain signed petitions in a
burdensome petition process to qualify to appear on the ballot. The
process of gathering these signatures takes extensive time, effort and
resources. The goal of getting candidates on the ballot can be accom-
plished more efficiently by removing the burden of gathering petition
signatures for those candidates who are designated by their parties.
This legislation would serve to eliminate the need to circulate
petitions for party designated candidates, at the political parties'
option.

Recent events have made the need for these changes more urgent. Moving
the petitioning period from early-Summer to Winter has made the process
increasing political polarization has made the petitioning process more
dangerous. In a recent election, someone circulating a petition had a
gun drawn on them when they mistakenly went to the wrong address.

The difficulty of the petitioning process is also negatively impacting
our democracy. Many rural party committees are finding it almost impos-
sible to recruit new committee members due to the petitioning require-
ments. It also, means that many candidates face no opposition from the
other major party in many races. Creating an alternate method for candi-
dates to access the ballot will promote more competitive elections. In
fairness to primary challengers, this legislation borrows from the stat-
ute for statewide elected officials where candidates who receive at
least 25% of the vote at the convention are ò also placed on the primary
ballot. Finally, this bill still allows the use of petitions to access
the primary ballot.  In summary, modernizing our ballot access process
will strengthen our party committees and encourage more candidates to
come forward.

 
LEGISLATIVE HISTORY:

2021-2022: A.1449; 2019-2020: A.1725; 2018: A.10912

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S8446 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8446
 
                             I N  S E N A T E
 
                             January 30, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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  certain  party  nomi-
   nations for candidates for county office
 
   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  6-109
 to read as follows:
   § 6-109. PARTY NOMINATIONS; COUNTIES, EXCLUDING COUNTIES LOCATED WITH-
 IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. 1. PARTY DESIGNATION
 OF  A  CANDIDATE  FOR NOMINATION 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. THE COUNTY COMMITTEE SHALL MAKE SUCH DESIGNATION BY MAJORITY  VOTE.
 THE  PERSON  RECEIVING THE MAJORITY VOTE SHALL BE THE PARTY'S DESIGNATED
 CANDIDATE FOR NOMINATION AND ALL OTHER PERSONS WHO SHALL  HAVE  RECEIVED
 TWENTY-FIVE  PERCENT  OR  MORE OF THE 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. SUCH DEMAND SHALL BE MADE NOT LATER THAN SEVEN DAYS
 AFTER SUCH MEETING AND MAY BE WITHDRAWN IN THE SAME MANNER WITHIN  FOUR-
 TEEN  DAYS  AFTER SUCH MEETING. UPON THE VOTE FOR SUCH DESIGNATION, EACH
 MEMBER OF THE COUNTY COMMITTEE 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 STATE ELECTION IN THE UNIT OF REPRE-
 SENTATION  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 COUNTY. THE APPORTIONMENT OF SUCH VOTES AS SO PRESCRIBED SHALL BE
 DETERMINED BY THE RULES OF THE PARTY.
   3.  ENROLLED MEMBERS OF THE PARTY MAY MAKE OTHER DESIGNATIONS BY PETI-
 TION FOR A MEMBER OF THE SAME PARTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00314-03-4

 S. 8446                             2
 
   4. THE MEETING OF THE COUNTY COMMITTEE FOR THE PURPOSE OF  DESIGNATING
 CANDIDATES  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.
   5.  WITHIN  FOUR  DAYS  AFTER SUCH MEETING, THE COUNTY COMMITTEE SHALL
 FILE WITH THE COUNTY BOARD OF ELECTIONS:
   (A) THE NAMES OF THE PERSONS WHO HAVE RECEIVED THE DESIGNATION OF  THE
 COUNTY COMMITTEE AND THE OFFICES FOR WHICH DESIGNATED; AND
   (B)  THE NAMES OF THE PERSONS SELECTED BY THE COMMITTEE TO FILL VACAN-
 CIES OR A CERTIFIED COPY OF THE PARTY RULE EMPOWERING SUCH COMMITTEE  TO
 FILL VACANCIES.
   6. NO PERSON MAY BE DESIGNATED BY A COUNTY COMMITTEE FOR MORE THAN ONE
 OFFICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
   7.  PARTY DESIGNATION OF A CANDIDATE FOR ANY OFFICE CONTAINED WITHIN A
 COUNTY SHALL BE DESIGNATED BY THE COUNTY COMMITTEE MEMBERS  REPRESENTING
 THE  POLITICAL  SUBDIVISION  OF  SUCH OFFICE, IF THE PARTY RULES OF SUCH
 COUNTY SO PROVIDE.
   8. A CANDIDATE FOR OFFICE FROM A DISTRICT WHICH CROSSES  COUNTY  LINES
 SHALL  BE  DESIGNATED BY THE COUNTY COMMITTEE MEMBERS FROM SUCH DISTRICT
 IF THE RULES OF THE COUNTY COMMITTEES OF EACH SUCH COUNTY SHALL  ALL  SO
 PROVIDE.
   §  2.  This  act  shall take effect immediately and shall apply to all
 applicable elections held on or after such date.

2023-S8446A - Details

See Assembly Version of this Bill:: A253
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-127, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10912
2019-2020: A1766
2021-2022: A1449

2023-S8446A - Summary

Relates to party nominations for candidates for office, excluding counties located within cities with a population of one million or more.

2023-S8446A - Sponsor Memo

                                 
BILL NUMBER: S8446A

SPONSOR: BRESLIN
 
PURPOSE:

To provide that party designation of candidates for nomination for
certain offices shall be made by county committee and eliminate unneces-
sary petitioning for designated candidates.

 
SUMMARY OF PROVISIONS:

Section 1. Amends election law to add a new section 6-127 that outlines
the process by which county committees may designate candidates for
nomination for certain offices, not including any office whose electoral
district intersects with a county located within a city having a popu-
lation greater than 1 million. This process will allow candidates
receiving a majority of the weighted vote of eligible county committee
members to be placed on the primary ballot without petitioning. Addi-
tionally, candidates who receive at least 25% of the weighted committee
vote will be granted access to the primary ballot. Candidates will also
still be able access the primary ballot by gathering petitions.

Section 2. Establishes the effective date.

JUSTIFICATION:

Under New York State Election Law, individuals who desire to run for
political office are required to obtain signed petitions in a burdensome
petitioning process in order to qualify to appear on the ballot. The
process of gathering these signatures takes extensive time, effort and
resources. The goal of getting candidates on the ballot can be accom-
plished more efficiently by removing the burden of gathering petition
signatures for those candidates who are designated by their parties.
This legislation would give parties the option of eliminating the need
to circulate petitions for their own designated candidates.

Recent events have made the need for these changes more urgent. Moving
the petitioning period from early summer to winter, along with increased
political polarization, has made the process more onerous, and, in some
cases, even dangerous. In a recent election, someone circulating a peti-
tion had a gun drawn on them when they mistakenly went to the wrong
address.  The difficulty of the petitioning process is having a partic-
ularly strong negative impact on civic and political engagement in rural
areas. Many rural party committees are finding it almost impossible to
recruit new committee members due to the expectation that committee
members help fulfill burdensome petitioning requirements.  As a conse-
quence, many candidates face no opposition from the other major party in
rural districts. Creating an alternate mechanism for candidates to
access the ballot will, therefore, promote more competitive elections.
In fairness to primary challengers, this legislation borrows from the
statute for statewide elected officials whereby candidates who receive
at least 25% of the vote at the convention are also placed on the prima-
ry ballot. Importantly, this bill does not eliminate prospective candi-
dates' ability to gain access to the primary ballet through the standard
petitioning process.

 
LEGISLATIVE HISTORY:

2021-2022: A.1449; 2019-2020: A.1725; 2018: A.10912
 
FISCAL IMPLICATIONS:

None.

2023-S8446A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8446--A
 
                             I N  S E N A T E
 
                             January 30, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the election law, in relation to certain party nomi-
   nations for candidates for county office

   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00314-04-4
 S. 8446--A                          2
 
 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
 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
 S. 8446--A                          3
 
 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.

2023-S8446B (ACTIVE) - Details

See Assembly Version of this Bill:: A253
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-127, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10912
2019-2020: A1766
2021-2022: A1449

2023-S8446B (ACTIVE) - Summary

Relates to party nominations for candidates for office, excluding counties located within cities with a population of one million or more.

2023-S8446B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8446B

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the election law, in relation to county committee desig-
nations of candidates for certain offices

 
PURPOSE:

To provide that party designation of candidates for nomination for
certain offices shall be made by county committee and eliminate unneces-
sary petitioning for designated candidates.

 
SUMMARY OF PROVISIONS:

Section 1. Amends election law to add a new section 6-127 that outlines
the process by which county committees may designate candidates for
nomination for certain offices, not including any office whose electoral
district intersects with a county located within a city having a popu-
lation greater than 1 million. This process will allow candidates
receiving a majority of the weighted vote of eligible county committee

members to be placed on the primary ballot without petitioning. Addi-
tionally, candidates who receive at least 25% of the weighted committee
vote will be granted access to the primary ballot. Candidates will also
still be able access the primary ballot by gathering petitions.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

Under New York State Election Law, individuals who desire to run for
political office are required to obtain signed petitions in a burdensome
petitioning process in order to qualify to appear on the ballot. The
process of gathering these signatures takes extensive time, effort and
resources. The goal of getting candidates on the ballot can be accom-
plished more efficiently by removing the burden of gathering petition
signatures for those candidates who are designated by their parties.
This legislation would give parties the option of eliminating the need
to circulate petitions for their own designated candidates.

Recent events have made the need for these changes more urgent. Moving
the petitioning period from early summer to winter, along with increased
political polarization, has made the process more onerous, and, in some
cases, even dangerous. In a recent election, someone circulating a peti-
tion had a gun drawn on them when they mistakenly went to the wrong
address.

The difficulty of the petitioning process is having a particularly
strong negative impact on civic and political engagement in rural areas.
Many rural party committees are finding it almost impossible to recruit
new committee members due to the expectation that committee members help
fulfill burdensome petitioning requirements.  As a consequence, many
candidates face no opposition from the other major party in rural
districts. Creating an alternate mechanism for candidates to access the
ballot will, therefore, promote more competitive elections. In fairness
to primary challengers, this legislation borrows from the statute for
statewide elected officials whereby candidates who receive at least 25%
of the vote at the convention are also placed on the primary ballot.
Importantly, this bill does not eliminate prospective candidates' abili-
ty to gain access to the primary ballet through the standard petitioning
process.

 
LEGISLATIVE HISTORY:

2021-2022: A.1449; 2019-2020: A.1725; 2018: A.10912

 
FISCAL IMPLICATIONS:

None.

2023-S8446B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8446--B
 
                             I N  S E N A T E
 
                             January 30, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00314-06-4

 S. 8446--B                          2
 
   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
 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
 S. 8446--B                          3
 
 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.

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Senate Bill S8446B

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

Bill Amendments

2023-S8446 - Details

2023-S8446 - Summary

2023-S8446 - Sponsor Memo

2023-S8446 - Bill Text download pdf

2023-S8446A - Details

2023-S8446A - Summary

2023-S8446A - Sponsor Memo

2023-S8446A - Bill Text download pdf

2023-S8446B (ACTIVE) - Details

2023-S8446B (ACTIVE) - Summary

2023-S8446B (ACTIVE) - Sponsor Memo

2023-S8446B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8446B

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Sponsored By

Neil D. Breslin

Current Bill Status - In Senate Committee Elections Committee

Bill Amendments

2023-S8446 - Details

2023-S8446 - Summary

2023-S8446 - Sponsor Memo

2023-S8446 - Bill Text download pdf

2023-S8446A - Details

2023-S8446A - Summary

2023-S8446A - Sponsor Memo

2023-S8446A - Bill Text download pdf

2023-S8446B (ACTIVE) - Details

2023-S8446B (ACTIVE) - Summary

2023-S8446B (ACTIVE) - Sponsor Memo

2023-S8446B (ACTIVE) - Bill Text download pdf

Comments