Senate Bill S4245

                                 BILL NUMBER:  S4245

 TITLE OF BILL :

An act to amend the election law, in relation to requiring judges to
be enrolled members of the party for a primary election or to have
received a proper certificate of authorization filed properly
according to the election law


 PURPOSE :

This bill ends the exemption applicable to candidates for judicial
office from the requirement that in order to run on a party line in a
primary election they must be a member of the political party, or
obtain a certificate authorizing them to run on its party line from
the members of such party's committee representing the political
subdivision of the office sought.

 SUMMARY OF PROVISIONS :

Section 1: Amends Election Law section 6-120 subdivision 4 to
eliminate the exemption for judicial candidates from the requirements
of subdivisions 1-3 that in order to petition or run as a candidate of
a party membership the candidate must be a member of that party or be
designated or nominated by a majority of the party committee for the
              

applicable subdivision. It also creates a new subdivision 5, which
specifically provides that such requirements apply to any candidate
for judicial office in any election where other individuals can
challenge the nomination in a primary election.

Section 2: Provides that the Act takes effect immediately.

 EXISTING LAW :

The current law provides an exemption from party membership or party
committee nomination for candidates for judicial office as described
above.

 JUSTIFICATION :

Under current law, the exemption from the party membership or
nomination law applicable to candidates for all other offices has
resulted in abuses and a free-for-all in judicial primaries that
confuses the primary electorate. And, the exemption lacks a rational
basis for judicial candidates to be treated differently from
candidates for other public offices in regard to the rules pertaining
to party enrollment.

 LEGISLATIVE HISTORY :

A.3126 of 2009
A.1515A of 2007-2008
A.63 of 2005-2006
A.8722 of 2003-2004

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill is effective immediately.