BILL NUMBER: S6799

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting a court
from bifurcating certain primary elections

 
PURPOSE:

The purpose of this bill is to prevent political party primary elections
for offices and positions held on the same date from being split into
separate dates.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 5 to Section 8-100 of the Election Law
that prohibits bifurcating political party primary elections for offices
and positions to be held as part of the same primary into separate
dates. Any order that is issued in violation of this subdivision shall
have no effect and be deemed null and void.

              

Section 2 is the effective date.

 
JUSTIFICATION:

The 2022 redistricting fiasco caused significant disruptions in the
electoral process. As a result of the lawsuit to redraw legislative
districts, the court ordered party primaries be split into two dates
normally primaries for all offices would be held in June but the court
ordered an August primary only for State Senate and Congressional races.
Prior to 2019, New York used to hold two separate primaries, one for
federal offices in June and another for state offices in September, but
there has never been an August primary and not a separate primary for
State Senate and Congressional races. The result of the court-ordered
split primaries led to decreased voter participation for the August
primary, voter confusion over two primary dates, and increased costs to
taxpayers for holding two primaries within months of each other.

This legislation aims to prevent the court from recreating bifurcated
primaries. There may be times when the court finds it necessary to order
a primary to be held on a date other than the one required by law but
creating a new primary date that splits the offices to be elected does
not serve the interests of justice, the voters, or the people of New
York. Rather, creating multiple primary dates or bifurcating primaries
serves to depress voter turnout, heighten voter apathy, and unnecessar-
ily increases costs for holding elections. This legislation ensures that
if the court orders a new or later primary election that all offices for
primary elections on that date are moved and held together on such new
date.

 
LEGISLATIVE HISTORY:

2023-2024: S.944-A - Referred to Elections/A.10389 - Referred to
Election Law

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.