senate Bill S94

2013-2014 Legislative Session

Relates to nominating and designating petitions and certificates

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to elections
Jun 21, 2013 committed to rules
Apr 24, 2013 advanced to third reading
Apr 23, 2013 2nd report cal.
Apr 22, 2013 1st report cal.363
Jan 09, 2013 referred to elections

Votes

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Apr 22, 2013 - Elections committee Vote

S94
6
2
committee
6
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Elections Committee Vote: Apr 22, 2013

nay (2)
aye wr (1)

Co-Sponsors

S94 - Bill Details

See Assembly Version of this Bill:
A111
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd ยง6-158, El L
Versions Introduced in 2011-2012 Legislative Session:
S4827A, A10789

S94 - Bill Texts

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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.

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BILL NUMBER:S94

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 far 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:
2011-12: S.4827-A/A.10789 Passed Senate/Referred to Election Law

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   94

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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. 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.
                                                           LBD01971-01-3

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