S T A T E O F N E W Y O R K
________________________________________________________________________
2399
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to prohibiting multiple
party designations for candidates for public office and to repeal
subdivision 6 of section 7-104 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. Subdivision 1 of section 6-146 of the election law is
amended to read as follows:
1. A person designated as a candidate for nomination or for party
position, or nominated for an office, otherwise than at a primary
election, may, in a certificate signed and acknowledged by him OR HER,
and filed as provided in this article, decline the designation or nomi-
nation; provided, however, that, if designated or nominated for a public
office other than a judicial office by a party of which he OR SHE is not
a duly enrolled member, or if designated or nominated for a public
office other than a judicial office by more than one party or independ-
ent body or by an independent body alone, such person shall, in a
certificate signed and acknowledged by him OR HER, and filed as provided
in this article, accept the designation or nomination as a candidate of
each such party or independent body other than that of the party of
which he OR SHE is an enrolled member, otherwise such designation or
nomination shall be null and void; PROVIDED, FURTHER, HOWEVER, THAT IF A
PERSON WHO HAS BEEN DESIGNATED AS A CANDIDATE FOR THE NOMINATION OF MORE
THAN ONE PARTY FOR THE SAME PUBLIC OFFICE, EXCEPT JUDICIAL OFFICE,
ACCEPTS THE DESIGNATION OF A PARTY OF WHICH HE OR SHE IS NOT ENROLLED,
ALL OTHER SUCH DESIGNATIONS OF SUCH CANDIDATE FOR SUCH OFFICE SHALL BE
DEEMED TO HAVE BEEN DECLINED. IF A PERSON WHO ACCEPTS THE NOMINATION OF
AN INDEPENDENT BODY FOR AN OFFICE, EXCEPT JUDICIAL OFFICE, IS ALSO NOMI-
NATED BY A PARTY FOR SUCH OFFICE, SUCH NOMINATION OF SUCH INDEPENDENT
BODY SHALL BE DEEMED TO HAVE BEEN DECLINED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05677-01-9
A. 2399 2
S 2. Subdivision 5 of section 7-104 of the election law, as amended by
chapter 654 of the laws of 1985, is amended to read as follows:
5. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party or inde-
pendent body for other offices [except as hereinafter provided].
(b) When the same person has been nominated for an office to be
filled at the election by more than one party, the voting machine shall
be so adjusted that his OR HER name shall appear in each row or column
containing generally the names of candidates for other offices nominated
by any such party.
(c) [If such candidate has also been nominated by one or more inde-
pendent bodies, his name shall appear only in each row or column
containing generally the names of candidates for other offices nominated
by any such party and the name and emblem of each such independent body
shall appear in one such row or column to be designated by the candidate
in a writing filed with the officer or board charged with the duty of
providing ballots, or if such person shall fail to so designate, the
names and emblems of such independent bodies shall appear in such row or
column as such officer or board shall determine.
(d) If any person shall be nominated for any office by one party and
two or more independent bodies his name shall appear on the voting
machine twice; once in the row or column containing generally the names
of candidates for other offices nominated by such party, and once in the
row or column containing generally the names of candidates nominated by
the independent body designated by such person in a writing filed with
the officer or board charged with the duty of providing ballots and in
connection with the name of such person in such row or column shall
appear the name and emblem of each independent body nominating him or,
if such person shall fail to so designate, the name of such candidate
and the names and emblems of such independent bodies shall appear in
such row or column as such officer or board shall determine.
(e) If any person is nominated for any office only by more than one
independent bodies, his name shall appear but once upon the machine in
one such row or column to be designated by the candidate in a writing
filed with the officer or board charged with the duty of providing
ballots, or if the candidate shall fail to so designate, in the place
designated by the officer or board charged with the duty of providing
ballots, and in connection with his name there shall appear the name and
emblem of each independent body nominating him, but, where the capacity
of the machine will permit, the name of such person shall not appear or
be placed in a column or on a horizontal line with the names of persons
nominated by a party for other offices] NO PERSON MAY BE THE CANDIDATE
OF MORE THAN ONE PARTY OR INDEPENDENT BODY FOR THE SAME OFFICE, EXCEPT
JUDICIAL OFFICE.
S 3. Subdivision 6 of section 7-104 of the election law is REPEALED.
S 4. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.