S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1784
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A. STECK, REYES -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in  relation  to  removing  provisions
   relating   to  the  opportunity  to  ballot;  and  to  repeal  certain
   provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 6-164 and 6-166 of the election law are REPEALED.
   § 2. Subdivision 4 of section 6-158 of the election law is REPEALED.
   §  3.  Subdivisions  2  and 3 of section 6-154 of the election law, as
 amended by chapter 744 of the laws of  2022,  are  amended  to  read  as
 follows:
   2.  Written objections to any certificate of designation or nomination
 or to a nominating or designating petition [or a petition  for  opportu-
 nity  to  ballot for public office] or to a certificate of acceptance, a
 certificate of authorization, a certificate of declination or a  certif-
 icate  of substitution relating thereto may be filed by any voter regis-
 tered to vote for such public office and to a designating petition [or a
 petition for opportunity to ballot for party position] or a  certificate
 of  substitution, a certificate of acceptance or a certificate of decli-
 nation relating thereto by any voter enrolled to  vote  for  such  party
 position.  Such objections shall be filed with the officer or board with
 whom the original petition or certificate is  filed  within  three  days
 after  the  filing  of the petition or certificate to which objection is
 made, or within three days after the last day to  file  such  a  certif-
 icate,  if  no such certificate is filed except that if any person nomi-
 nated by an independent nominating petition, is  nominated  as  a  party
 candidate  for  the same office by a party certificate filed, or a party
 nomination made after the filing of such petition, the written objection
 to such petition may be filed within three days after the filing of such
 party certificate or the making of such party nomination.  When such  an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04488-01-5
              

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 objection  is  filed,  specifications  of  the grounds of the objections
 shall be filed within six days thereafter with the same officer or board
 and if specifications are not timely filed, the objection shall be  null
 and void.
   [3.]  3-A. (a) Any person filing general objections to any designating
 petition, independent nominating petition or certificate  of  nomination
 or ballot access document who thereafter files specifications of [his or
 her]  SUCH  PERSON'S  objections  to  any  such  document shall do so in
 accordance with the provisions of this subdivision. All such  specifica-
 tions shall substantially comply with the following requirements:
   (i)  for  specifications  relating to any petition, the volume number,
 page number, and line number of any signature objected to on  any  peti-
 tion shall be set forth in detail. In addition, any portion of any peti-
 tion  or  any  signature  line or witness statement objected to shall be
 specifically identified and reasons given for any such objection;
   (ii) the total number of signatures objected to shall be set forth and
 all objections relating to a single signature  line  should  be  grouped
 together; and
   (iii)   symbols   and/or  abbreviations  may  be  used  to  set  forth
 objections, provided that a sheet explaining the  meaning  of  any  such
 symbols and/or abbreviations is attached to the specifications.
   (b)  No  specifications  of objections to any petition, certificate of
 nomination or ballot access  document  will  be  considered  unless  the
 objector filing the specifications personally delivers or mails by over-
 night  mail  a duplicate copy of the specification to each candidate for
 public office named on the petition. [Objections and specifications to a
 petition for an opportunity to ballot must  be  served  on  the  persons
 named  as  the  committee to receive notices.] In the case of a petition
 containing candidates for party positions, service of the specifications
 shall be made on either the named candidates or the first  person  named
 on  the petition's committee to fill vacancies. Service shall be made on
 or before the date of filing of any specifications with the  officer  or
 board.  Proof  of  service  shall  accompany  the  specifications  or be
 received by the end of two business days following  the  filing  of  the
 specifications, whichever is later.
   §  4.  Subdivision 3 of section 6-168 of the election law, as added by
 chapter 143 of the laws of 1979, is amended to read as follows:
   3. If, at any primary election in which more than one nomination is to
 be made for the office of judge of the civil court of the  city  of  New
 York  in  any borough of such city or in any civil court district within
 any such borough, only one candidate is designated for any such vacancy,
 such candidate shall be deemed nominated and [his] SUCH CANDIDATE'S name
 shall not appear upon the primary ballot [unless a petition for opportu-
 nity to ballot for such vacancy is filed pursuant to the  provisions  of
 this chapter].
   §  5.  Paragraph (c) of subdivision 1 of section 7-114 of the election
 law, as amended by chapter 411 of the laws of 2019, is amended  to  read
 as follows:
   (c) The ballot shall not contain a space for voting for candidates for
 uncontested  offices and positions, and no ballot shall be printed for a
 party for which there is no contested office or position [unless a peti-
 tion for opportunity to ballot has been filed].
   § 6. Subdivision 1 of section 16-102 of the election law,  as  amended
 by chapter 474 of the laws of 2023, is amended to read as follows:
   1.  The  nomination  or  designation  of  any candidate for any public
 office or party position or any independent nomination, or  the  holding
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 of  an  uncontested  primary  election,  by  reason of a petition for an
 opportunity to ballot having been filed, or the election of  any  person
 to  any party position, or the certificate to fill a vacancy in a desig-
 nation, may be contested in a proceeding instituted in the supreme court
 by  any  aggrieved  candidate,  or  by the [chairman] CHAIRPERSON of any
 party committee or by a person  who  shall  have  filed  objections,  as
 provided  in  this  chapter, except that the [chairman] CHAIRPERSON of a
 party committee may not bring a proceeding with respect to a designation
 or the holding of an otherwise uncontested primary.
   § 7. Section 17-122 of the election law, as amended by chapter 373  of
 the laws of 1978 and subdivision 7 as amended by chapter 129 of the laws
 of 1997, is amended to read as follows:
   § 17-122. Misconduct in relation to petitions. Any person who:
   1. Pays, lends, contributes or promises to pay, lend or contribute any
 money  or other valuable consideration to or for any voter, or to or for
 any other person, to induce such voter to sign a petition for the desig-
 nation of a candidate for party nomination or for election  to  a  party
 position to be voted for at a primary election[, or to induce such voter
 to  sign  a petition for opportunity to ballot at a primary election] or
 to induce such voter to sign  an  independent  nominating  petition  for
 public office; or
   2. Gives, offers or promises any office, place or employment, or prom-
 ises  to  procure or endeavor to procure any office, place or employment
 to or for any voter, or to or for any other person, in order  to  induce
 such  voter  to  sign  a petition for the designation of a candidate for
 party nomination or for election to a party position to be voted for  at
 a  primary  election[,  or  to  induce such voter to sign a petition for
 opportunity to ballot at a primary election] or to induce such voter  to
 sign an independent nominating petition for public office; or
   3.  Receives,  agrees  or contracts for any money, gift, loan or other
 valuable consideration, office, place or employment for  [himself]  SUCH
 PERSON  or  any other person, for signing a petition for the designation
 of a candidate for party nomination or for election to a party  position
 to  be  voted  for at a primary election[, or for signing a petition for
 opportunity to ballot at a primary election] or for signing an independ-
 ent nominating petition for public office; or
   4. Pays or agrees to pay money or other valuable consideration, to any
 person for [his] SUCH PERSON'S services in canvassing for  or  otherwise
 procuring  the signatures of voters to a petition for the designation of
 a candidate or candidates for party nomination  or  for  election  to  a
 party  position to be voted for at a primary election[, or to a petition
 for opportunity to ballot at a primary election,] or to  an  independent
 nominating  petition  for public office, upon the basis of the number of
 names to such petition procured by such person, or at a fixed amount per
 name; or,
   5. Represents to any person as an inducement for  signing  a  petition
 for  the designation of a candidate for party nomination or for election
 to a party position to be voted for at a primary election, [or for sign-
 ing a petition for opportunity to ballot at a primary election,] or  for
 signing  an  independent nominating petition for public office, that the
 person soliciting such signature is to be compensated upon the basis  of
 the  number of names procured by such a person, or at a fixed amount per
 name; or
   6. Being a signer of a petition, provided for in the election law, for
 the designation or nomination of a candidate, [or a petition for  oppor-
 tunity to ballot at a primary election,] thereby makes a false statement
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 or  makes a false affidavit thereon, or a false statement to the witness
 who authenticates the petition; or
   7.  Being  a  notary  public,  commissioner  of deeds or a subscribing
 witness to a petition, provided for in this chapter, for the designation
 or nomination of a candidate, [or a petition for opportunity  to  ballot
 at a primary election,] thereby makes a false statement or makes a false
 affidavit thereon; or
   8. Alters a petition, provided for in the election law, for the desig-
 nation  or  nomination of a candidate, [or a petition for opportunity to
 ballot at a primary election,] by inserting, adding or changing  therein
 the  name  of  a  candidate, or the title or designation of an office or
 position by any means whatsoever, after such petition has been signed by
 one or more persons, is guilty of a misdemeanor.
   § 8. This act shall take effect immediately.