NY State Senate Bill 2015-S6002

Senate Bill S6002

Signed By Governor

2015-2016 Legislative Session

Relates to the presidential primary and providing for the election of delegates to a national party convention or a national party conference in 2016

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2015	signed chap.88
Jul 14, 2015	delivered to governor
Jun 24, 2015	returned to senate passed assembly ordered to third reading rules cal.741 substituted for a8311
Jun 23, 2015	referred to election law delivered to assembly passed senate ordered to third reading cal.1878
Jun 19, 2015	referred to rules

Votes

- Jun 23, 2015 - Floor Vote
  S6002
  
  44
  
  Aye
  
  17
  
  Nay
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 23, 2015
      
      aye (44)
      
      Addabbo Jr.
      
      Amedore
      
      Bonacic
      
      Boyle
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Serino
      
      Seward
      
      Skelos
      
      Stavisky
      
      Stewart-Cousins
      
      Venditto
      
      Young
      
      nay (17)
      
      Avella
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Klein
      
      Krueger
      
      Latimer
      
      Montgomery
      
      Panepinto
      
      Perkins
      
      Rivera
      
      Savino
      
      Serrano
      
      Squadron
      
      Valesky
      
      absent (1)
      
      Sampson
      
      excused (1)
      
      Libous
  Jun 23, 2015 - Rules Committee Vote
  S6002
  
  17
  
  Aye
  
  5
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 23, 2015
      
      aye (17)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Seward
      
      Skelos
      
      Valesky
      
      Young
      
      nay (5)
      
      Dilan
      
      Espaillat
      
      Hassell-Thompson
      
      Krueger
      
      Parker
      
      aye wr (3)
      
      Carlucci
      
      Perkins
      
      Stewart-Cousins

2015-S6002 (ACTIVE) - Details

See Assembly Version of this Bill:: A8311
Law Section:: Elections
Laws Affected:: Amd §2-122-a, El L (as proposed in S.5958)

2015-S6002 (ACTIVE) - Summary

Relates to the presidential primary and providing for the election of delegates to a national party convention or a national party conference in 2016.

2015-S6002 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6002

TITLE OF BILL:  An act to amend a chapter of the laws of 2015,
amending the election law relating to conducting the presidential
primary, as proposed in legislative bill number S.5958, in relation to
providing for the election of delegates to a national party convention
or a national party conference in 2016

PURPOSE:  This bill would amend certain provisions of the Election Law
to schedule the presidential primary election for April 19, 2016,
provide for the political parties' statutory options for the election
of delegates and alternate delegates to their respective national
party conventions, and ensure the State's compliance with the federal
MOVE Act, which requires that ballots be transmitted to overseas and
military voters at least 45 days before such election.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend subdivision 1 of section 8-100 of
the Election Law to provide for the presidential primary on April 19,
2016.

Section 2 provides that the state committees of each of the political
parties shall select either section three or section four of this act
to elect presidential delegates for nomination of the parties'
respective presidential candidates.

Sections 3 and 4 would amend the Election Law by adding new sections
2-122-a and 2-122-b, respectively, that would provide for two
different nomination processes involving the election of delegates and
alternate delegates and the rules attendant to such election.

Section 5 would amend section 6-158 of the Election Law to add a new
subdivision 1-a to provide that designating petitions filed for a
presidential primary election shall be filed between the twelfth
Monday and eleventh Thursday before such election.

Section 6 would amend section 6-158 of the Election Law to require a
certificate of party nomination of candidates for election of
president and vice-president of the United States shall be filed not
later than sixty days before the two thousand sixteen general
election.

Section 7 would amend section 4-110 of the Election Law to provide
that the state board of elections shall certify the candidates for a
presidential primary election at least 54 days before such an
election.

Section 8 would amend section 4-114 of the Election Law to provide
that county boards of elections shall determine the candidates for a
presidential primary election at least 53 days before such election.

Section 9 would amend subdivision 1 of section 10-108 of the Election
Law to provide that ballots for military voters shall be transmitted
to such voters at least 45 days before a presidential primary
election.


Section 10 would amend subdivision 4 of section 11-204 of the Election
Law to provide that special federal ballots shall be transmitted to
overseas voters at least 45 days before a presidential primary
election.

Section 11 would amend section 1-106 of the Election Law to establish
methods of filing presidential primary filings.

Section 12 is the separability clause.

Section 13 provides for the effective date.

STATEMENT IN SUPPORT:  This bill establishes the process by which the
Democratic Party and the Republican Party in New York State shall
conduct their respective presidential primary elections in 2016. It
further amends the law to ensure that New York State complies with the
federal MOVE Act by requiring that ballots be transmitted to military
and overseas voters at least 45 days before such an election.

BUDGET IMPLICATIONS:  This legislation is not expected to have any
impact on the budget.

EFFECTIVE DATE:  This act shall take effect immediately, and shall
expire on December 31, 2016.

2015-S6002 (ACTIVE) - Bill Text download pdf

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

                                  6002

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 19, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend a chapter of the laws of 2015, amending the election law
  relating to conducting the presidential primary, as proposed in legis-
  lative bill number S.5958, in relation to providing for  the  election
  of  delegates  to  a  national  party  convention  or a national party
  conference in 2016

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2  and 7 of section 2-122-a of the election
law, as amended by section 3 of a chapter of the laws of 2015,  amending
the  election  law  relating  to conducting the presidential primary, as
proposed in legislative bill number  S.5958,  are  amended  to  read  as
follows:
  2.  If  the  rules  of  a  state  committee  adopted  pursuant  to the
provisions of this section provide for a primary election in  which  the
office  of  president of the United States appears on the ballot, desig-
nation of candidates for such office  shall  be  made  pursuant  to  the
provisions  of sections 6-100, 6-118, 6-122 (except that such candidates
need not be citizens of  New  York  but  only  citizens  of  the  United
States),  6-130,  6-132  (except  that references to a committee to fill
vacancies shall be deemed references to a committee to receive notices),
6-134, 6-144, the provisions with respect to  declinations  in  subdivi-
sions  one and two of section 6-146 (except that references to a commit-
tee to fill vacancies shall be  deemed  references  to  a  committee  to
receive  notices),  6-154,  and  subdivision  one and the provision with
respect to declinations in subdivision two of section 6-158 (except that
such candidates may decline such designations not  later  than  February
[sixteenth]  EIGHTH,  two  thousand  sixteen) of this chapter. The state
board of elections shall forthwith notify the appropriate county  boards
of elections of any such declination filed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11723-01-5

S. 6002                             2

  7.  a.  The  rules  of  a  state  committee  adopted  pursuant  to the
provisions of this section may provide that no candidate for  the  posi-
tions  of  delegate  and  alternate delegate may appear on the ballot as
pledged to support a particular presidential candidate, or as  uncommit-
ted,  unless  the  name of such candidate for such position appears on a
certificate listing the names of those candidates for such positions who
have filed statements of candidacy for such positions with the secretary
of the state committee within the time prescribed by such rules and who,
if their statements of candidacy contained a  pledge  of  support  of  a
presidential  candidate,  were  not rejected by such presidential candi-
date. Such certificate shall also list the address and sex of each  such
candidate  for delegate and alternate delegate and the district in which
such candidate may appear on the ballot.
  b. Such certificate shall be filed by  the  secretary  of  such  state
committee,  with  the  board  of  elections  with  which the designating
petitions for such candidates for such  positions  are  required  to  be
filed,  not  later  than February [twenty-third] SIXTEENTH, two thousand
sixteen.
  c. In the event that a designating petition for  candidates  for  such
positions,  listed  as  pledged  to  support  a  presidential candidate,
contains the names of one or more persons who have not been permitted by
such presidential candidate to appear on the ballot as so pledged pursu-
ant to the provisions of this section, then the names of such candidates
shall not appear on the ballot but the names of other candidates on such
petition who have been permitted by the presidential candidate to appear
on the ballot shall be placed on the ballot provided  that  such  candi-
dates are otherwise eligible and that such petition is otherwise valid.
  d.  The  state board of elections shall send a copy of the certificate
required by section 4-110 of this chapter to the secretary of the  state
committee  of each party conducting a primary pursuant to the provisions
of this section not later than [March third] FEBRUARY TWENTY-FIFTH,  two
thousand  sixteen. Every other board of elections with which designating
petitions for delegate and alternate delegate were filed pursuant to the
provisions of this section shall, not later than [March fourth] FEBRUARY
TWENTY-SIXTH, two thousand  sixteen,  send  a  list  of  the  names  and
addresses  of  those  candidates  who  will  appear on the ballot to the
secretary of each such state committee.
  S 2. This act shall take effect on the same date and the in  the  same
manner  as  a  chapter  of  the  laws of 2015, amending the election law
relating to conducting the presidential primary, as proposed in legisla-
tive bill number S.5958, takes effect.

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