senate Bill S4827

Amended

Relates to nominating and designating petitions and certificates

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Apr / 2011
    • REFERRED TO ELECTIONS
  • 06 / Jun / 2011
    • 1ST REPORT CAL.1027
  • 07 / Jun / 2011
    • 2ND REPORT CAL.
  • 13 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO ELECTION LAW
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS
  • 08 / Mar / 2012
    • AMEND AND RECOMMIT TO ELECTIONS
  • 08 / Mar / 2012
    • PRINT NUMBER 4827A
  • 12 / Mar / 2012
    • 1ST REPORT CAL.325
  • 13 / Mar / 2012
    • 2ND REPORT CAL.
  • 14 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 18 / Apr / 2012
    • PASSED SENATE
  • 18 / Apr / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Apr / 2012
    • REFERRED TO ELECTION LAW

Summary

Provides that a candidate who files 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 seventh day after the primary election.

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Bill Details

See Assembly Version of this Bill:
A7498
Versions:
S4827
S4827A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd ยง6-158, El L

Sponsor Memo

BILL NUMBER:S4827

TITLE OF BILL:
An act
to amend the election law, in relation to nominating and designating
petitions and certificates

PURPOSE:
To allow a candidate seeking to fill an office position in a general
election the opportunity to decline a party designation upon
conclusion of the primary election.

SUMMARY OF PROVISIONS:
Amends Section 6-158 of the election law. Subdivision 2 is amended to
provide 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." Subdivision 3 is
amended to provide for the filling of a vacancy resulting from the
filing of a certificate of declination as described in subdivision 2.

EXISTING LAW:
A certification of declination can only be filed within four days
after the final day to file such a designation.

JUSTIFICATION:
Currently, a candidate for an office to be filled at the time of a
general election has the ability to decline an independent nomination
after the primary election. No similar provision exists for a
candidate to decline a patty designation after a the primary
election. As a result of this, designated candidates who lost a party
primary are forced to remain on the ballot, regardless of whether
they have opted to end campaigning efforts or have endorsed another
candidate. The presence of a candidate on the ballot who has already
resigned from the race serves no other purpose than to siphon off
votes from earnest candidates.

The lack of such a provision has also encouraged the practice of using
Supreme Court nominations to create a vacancy after a primary
election. Something as important as a judicial
nomination should not be used as a tool to remove a candidate who no
longer wishes to run from a ballot. This bill would make this
practice unnecessary.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4827

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- 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 nominating  and  desig-
  nating petitions and certificates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 6-158 of the election  law,
subdivision 2 as amended by chapter 434 of the laws of 1984 and subdivi-
sion  3  as  amended  by chapter 703 of the laws of 1982, are amended to
read as follows:
  2. A certificate of acceptance or declination of a  designation  shall
be  filed  not later than the fourth day after the last day to file such
designation, 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.
  3. A certificate to fill a vacancy in a designation caused by declina-
tion  shall be filed not later than the fourth day after the last day to
decline. A certificate to fill a vacancy  in  a  designation  caused  by
death [or], disqualification OR BY THE FILING OF A CERTIFICATE OF DECLI-
NATION  AS  DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION shall be filed
not later than ten days  after  such  death  [or],  disqualification  or
FILING  OF  A CERTIFICATE OF DECLINATION OR four days before the primary
election, whichever is earlier.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10997-02-1

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