S T A T E O F N E W Y O R K
________________________________________________________________________
8650
2011-2012 Regular Sessions
I N A S S E M B L Y
October 14, 2011
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to requirements of
witnesses to a designating petition or independent nominating petition
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 6-132 of the election law,
as amended by chapter 447 of the laws of 2006, are amended to read as
follows:
2. There shall be appended at the bottom of each sheet a signed state-
ment of a witness who is a duly qualified voter of the state and an
enrolled voter of the same political party as the voters qualified to
sign the petition[, and who is also a resident of the political subdivi-
sion in which the office or position is to be voted for. However, in the
case of a petition for election to the party position of member of the
county committee, residence in the same county shall be sufficient].
Such a statement shall be accepted for all purposes as the equivalent of
an affidavit, and if it contains a material false statement, shall
subject the person signing it to the same penalties as if he or she had
been duly sworn. The form of such statement shall be substantially as
follows:
STATEMENT OF WITNESS
I,..................... (name of witness) state: I am a duly qualified
voter of the State of New York and am an enrolled voter of
the....................... party. I now reside at....................
(residence address).
Each of the individuals whose names are subscribed to this petition
sheet containing................. (fill in number) signatures,
subscribed the same in my presence on the dates above indicated and
identified himself or herself to be the individual who signed this
sheet.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13384-01-1
A. 8650 2
I understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been duly
sworn.
Date:....................... ..........................
Signature of Witness
Witness identification information: The following information must be
completed prior to filing with the board of elections in order for this
petition sheet to be valid.
Town or City County
............ ........
3. In lieu of the signed statement of a witness who is a duly quali-
fied voter of the state [qualified to sign the petition], the following
statement signed by a notary public or commissioner of deeds shall be
accepted:
On the dates above indicated before me personally came each of the
voters whose signatures appear on this petition sheet containing
............. (fill in number) signatures, who signed same in my pres-
ence and who, being by me duly sworn, each for himself or herself, said
that the foregoing statement made and subscribed by him or her, was
true.
Date:..................
.............................
(Signature and official title
of officer administering oath)
S 2. Subdivision 2 of section 6-140 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
2. In lieu of the signed statement of a witness who is a duly quali-
fied voter of the state [qualified to sign the petition], the following
statement signed by a notary public or commissioner of deeds shall be
accepted:
On the dates above indicated before me personally came each of the
voters whose signatures appear on this petition sheet containing
.......... (fill in number) signatures, who signed same in my presence
and who, being by me duly sworn, each for himself or herself, said that
the foregoing statement made and subscribed by him or her, was true.
Date: ......................
................................
(Signature and official title
of officer administering oath)
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.