senate Bill S4827A

2011-2012 Legislative Session

Relates to nominating and designating petitions and certificates

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 18, 2012 referred to election law
delivered to assembly
passed senate
Mar 14, 2012 advanced to third reading
Mar 13, 2012 2nd report cal.
Mar 12, 2012 1st report cal.325
Mar 08, 2012 print number 4827a
amend and recommit to elections
Jan 04, 2012 referred to elections
returned to senate
died in assembly
Jun 14, 2011 referred to election law
delivered to assembly
passed senate
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1027
Apr 27, 2011 referred to elections

Votes

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Mar 12, 2012 - Elections committee Vote

S4827A
7
1
committee
7
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Elections committee vote details

Elections Committee Vote: Mar 12, 2012

nay (1)

Jun 6, 2011 - Elections committee Vote

S4827
7
1
committee
7
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 6, 2011

nay (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S4827 - Bill Details

See Assembly Version of this Bill:
A10789
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §6-158, El L

S4827 - Bill Texts

view 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.

view 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 full text
download pdf
                    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

S4827A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10789
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §6-158, El L

S4827A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4827A

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 seven day after the primary election."

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4827--A

                       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  --  recommitted
  to the Committee on Elections in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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. Subdivision 2 of section 6-158  of  the  election  law,  as
amended  by  chapter  434  of  the  laws  of 1984, is 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 SEVENTH DAY AFTER THE PRIMARY ELECTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10997-03-2

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