S T A T E O F N E W Y O R K
________________________________________________________________________
7050
2009-2010 Regular Sessions
I N A S S E M B L Y
March 19, 2009
___________
Introduced by M. of A. BALL -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law, in relation to activities of judicial
candidates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 23 and sections 860 and 861 of the judiciary law,
as renumbered by chapter 840 of the laws of 1983, are renumbered article
24 and sections 870 and 871, and a new article 23 is added to read as
follows:
ARTICLE 23
ACTIVITIES OF A JUDICIAL CANDIDATE
SECTION 860. LEGISLATIVE INTENT.
861. ACTIVITIES PROHIBITED.
862. ACTIVITIES NOT CONDONED.
863. LIMITATIONS ON POLITICAL ACTIVITY.
864. EFFECT OF REVISION OF JUDICIAL SELECTION METHOD.
865. CAMPAIGN CONTRIBUTION AND EXPENSE; REPORTING.
S 860. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT A JUDICIAL
OFFICE IS A NONPARTISAN OFFICE, AND A CANDIDATE FOR ELECTION OR
RETENTION THERETO IS PROHIBITED FROM CAMPAIGNING OR QUALIFYING FOR SUCH
AN OFFICE BASED ON PARTY AFFILIATION. TO INSURE THAT SUCH CAMPAIGNS FOR
ELECTION OR RETENTION ARE CONDUCTED ON A NONPARTISAN BASIS, THE LEGISLA-
TURE WANTS THE ELECTION LAW TO IMPOSE CERTAIN RESTRICTIONS ON THE ACTIV-
ITIES OF A JUDICIAL CANDIDATE TO INSULATE HIM OR HER FROM POLITICAL
PARTIES.
S 861. ACTIVITIES PROHIBITED. A CANDIDATE FOR JUDICIAL OFFICE SHALL
NOT:
1. PARTICIPATE IN ANY PARTISAN POLITICAL PARTY ACTIVITIES, EXCEPT THAT
SUCH CANDIDATE MAY REGISTER TO VOTE AS A MEMBER OF ANY POLITICAL PARTY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10384-01-9
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AND MAY VOTE IN ANY PARTY PRIMARY FOR CANDIDATES FOR NOMINATION OF THE
PARTY IN WHICH HE OR SHE IS REGISTERED TO VOTE.
2. CAMPAIGN AS A MEMBER OF ANY POLITICAL PARTY.
3. PUBLICLY REPRESENT OR ADVERTISE HIMSELF OR HERSELF AS A MEMBER OF
ANY POLITICAL PARTY.
4. ENDORSE ANY CANDIDATE.
5. MAKE POLITICAL SPEECHES OTHER THAN ON HIS OR HER BEHALF.
6. MAKE CONTRIBUTIONS TO POLITICAL PARTY FUNDS.
7. ACCEPT CONTRIBUTIONS FROM ANY POLITICAL PARTY.
8. SOLICIT CONTRIBUTIONS FROM ANY POLITICAL PARTY.
9. ACCEPT OR RETAIN A PLACE ON ANY POLITICAL PARTY COMMITTEE.
10. MAKE ANY CONTRIBUTION TO ANY PERSON, GROUP OR ORGANIZATION FOR ITS
ENDORSEMENT TO JUDICIAL OFFICE.
11. AGREE TO PAY ALL OR ANY PART OF ANY ADVERTISEMENT SPONSORED BY ANY
PERSON, GROUP OR ORGANIZATION WHEREIN THE CANDIDATE MAY BE ENDORSED FOR
JUDICIAL OFFICE BY ANY SUCH PERSON, GROUP OR ORGANIZATION.
12. IN ADDITION TO THE ABOVE, POLITICAL PARTIES AND PARTISAN POLI-
TICAL GROUPS, I.E., THOSE ASSOCIATED WITH A PARTICULAR POLITICAL PARTY
OR CANDIDATE, ARE PROHIBITED FROM ENDORSING, SUPPORTING OR ASSISTING ANY
JUDICIAL CANDIDATE.
A VIOLATION OF THIS SECTION SHALL CONSTITUTE A MISDEMEANOR.
S 862. ACTIVITIES NOT CONDONED. A JUDGE OR A CANDIDATE FOR ELECTION TO
JUDICIAL OFFICE SHOULD NOT:
1. ACT AS A LEADER OR HOLD ANY OFFICE IN A POLITICAL ORGANIZATION;
2. MAKE SPEECHES FOR A POLITICAL ORGANIZATION OR CANDIDATE, OR PUBLIC-
LY ENDORSE A CANDIDATE FOR A PUBLIC OFFICE;
3. SOLICIT FUNDS FOR, PAY AN ASSESSMENT OR MAKE A CONTRIBUTION TO A
POLITICAL ORGANIZATION OR CANDIDATE, OR PURCHASE TICKETS FOR POLITICAL
PARTY DINNERS OR OTHER FUNCTIONS;
4. PARTICIPATE IN ANY ACTIVITY THAT HAS ANY RELATIONSHIP WHATSOEVER TO
A POLITICAL PARTY; HOWEVER, HE OR SHE MAY CAMPAIGN ON HIS OR HER OWN
BEHALF AND MAY SPEAK AT MEETINGS OF PARTY EXECUTIVE COMMITTEES, RALLIES
AND OTHER POLITICAL GATHERINGS, AND MAY ATTEND AND SPEAK AT MEETINGS OF
POLITICAL PARTIES OR ANY PARTISAN ORGANIZATION. CARE SHOULD BE TAKEN TO
INSURE THAT ANY APPEARANCE BY A JUDICIAL CANDIDATE IS ALSO AVAILABLE TO
ALL OTHER SUCH CANDIDATES AND THAT THE ORGANIZATION IS NOT COLLECTIVELY
SUPPORTING ANY PARTICULAR JUDICIAL CANDIDATES. IT IS ALSO ADVISABLE THAT
ANY APPEARANCES BEFORE PARTISAN GROUPS BY JUDICIAL CANDIDATES BE SEPA-
RATE FROM THOSE BY PARTISAN CANDIDATES.
A VIOLATION OF THIS SECTION SHALL CONSTITUTE A VIOLATION.
S 863. LIMITATIONS ON POLITICAL ACTIVITY. 1. NO POLITICAL PARTY OR
PARTISAN POLITICAL ORGANIZATION SHALL ENDORSE, SUPPORT OR ASSIST ANY
CANDIDATE IN A CAMPAIGN FOR ELECTION TO JUDICIAL OFFICE.
2. ANY PERSON WHO KNOWINGLY, IN AN INDIVIDUAL CAPACITY OR AS AN OFFI-
CER OF AN ORGANIZATION, VIOLATES THE PROVISIONS OF THIS SECTION IS GUIL-
TY OF A MISDEMEANOR.
S 864. EFFECT OF REVISION OF JUDICIAL SELECTION METHOD. NO JUDGE
ELECTED PRIOR TO OR AT THE ELECTION THAT APPROVES ANY REVISION TO THE
SELECTION OF JUDGESHIPS SHALL BE AFFECTED IN HIS OR HER CURRENT TERM OF
OFFICE. ANY JUDGE WISHING TO APPLY FOR A SUBSEQUENT TERM WILL BE
ELECTED OR RETAINED PURSUANT TO THE METHOD OF ELECTION OR SELECTION AND
RETENTION OF JUDGES IN EFFECT AS SET BY THE ABOVE JUDICIAL ELECTION
PROCESSES.
S 865. CAMPAIGN CONTRIBUTION AND EXPENSE; REPORTING. 1. A CANDIDATE
FOR JUDICIAL OFFICE MAY ACCEPT CONTRIBUTIONS AND MAY INCUR ONLY SUCH
EXPENSES AS ARE AUTHORIZED BY LAW. EACH SUCH CANDIDATE SHALL KEEP AN
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ACCURATE RECORD OF HIS OR HER CONTRIBUTIONS AND EXPENSES, AND SHALL FILE
REPORTS PURSUANT TO CURRENT STANDARDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A CANDIDATE
FOR RE-ELECTION AS A JUSTICE OR A JUDGE WHO HAS NOT RECEIVED ANY
CONTRIBUTION OR MADE ANY EXPENDITURE MAY FILE A SWORN STATEMENT AT THE
TIME OF QUALIFYING THAT HE OR SHE DOES NOT ANTICIPATE RECEIVING CONTRIB-
UTIONS OR MAKING EXPENDITURES IN CONNECTION WITH THE CANDIDACY FOR RE-E-
LECTION TO OFFICE. SUCH CANDIDATE SHALL FILE A FINAL REPORT WITHIN NINE-
TY DAYS FOLLOWING THE GENERAL ELECTION FOR WHICH THE CANDIDATE'S NAME
APPEARED ON THE BALLOT FOR RE-ELECTION. ANY SUCH CANDIDATE FOR RE-ELEC-
TION TO JUDICIAL OFFICE WHO, AFTER FILING A STATEMENT PURSUANT TO THIS
SUBDIVISION, RECEIVES ANY CONTRIBUTION OR MAKES ANY EXPENDITURE IN
CONNECTION WITH THE CANDIDACY FOR RE-ELECTION SHALL IMMEDIATELY FILE A
STATEMENT TO THAT EFFECT.
S 2. This act shall take effect immediately.