S T A T E   O F   N E W   Y O R K
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                                 8719--A

                          I N  A S S E M B L Y

                            January 13, 2016
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on  Election  Law  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  election  law,  in relation to specification of
  objections to designating petitions, independent nominating petitions,
  certificates of nomination or ballot access documents

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

  Section 1. Section 6-154 of the election law, subdivision 2 as amended
by chapter 248 of the laws of 1981, is amended to read as follows:
  S  6-154. Nominations and designations; objections to. 1. Any petition
OR CERTIFICATE filed with the officer or board charged with the duty  of
receiving  it  shall  be presumptively valid if it is in proper form and
appears to bear the requisite number of signatures, authenticated  in  a
manner prescribed by this chapter.
  2.  Written objections to any certificate of designation or nomination
or to a nominating or designating petition or a petition for opportunity
to ballot for public office or to a certificate of acceptance, a certif-
icate of authorization, a certificate of declination or a certificate of
substitution relating thereto may be filed by any  voter  registered  to
vote  for such public office and to a designating petition or a petition
for opportunity to ballot for party position or a certificate of substi-
tution, a certificate of acceptance  or  a  certificate  of  declination
relating  thereto by any voter enrolled to vote for such party position.
Such objections shall be filed with the officer or board with  whom  the
original  petition  or  certificate is filed within three days after the
filing of the petition or certificate to which  objection  is  made,  or
within  three  days after the last day to file such a certificate, if no
such certificate is filed except that if  any  person  nominated  by  an
independent  nominating  petition, is nominated as a party candidate for
the same office by a party certificate filed, or a party nomination made
after the filing of such petition, the written objection to  such  peti-
tion  may  be  filed  within  three  days after the filing of such party
certificate or the making of  such  party  nomination.    When  such  an

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

                                                           LBD11848-04-6

A. 8719--A                          2

objection  is  filed,  specifications  of  the grounds of the objections
shall be filed within six days thereafter with the same officer or board
and if specifications are not timely filed, the objection shall be  null
and void.  [Each such officer or board is hereby empowered to make rules
in  reference  to  the  filing and disposition of such petition, certif-
icate, objections and specifications.]
  3. (A) ANY PERSON FILING GENERAL OBJECTIONS TO ANY  DESIGNATING  PETI-
TION,  INDEPENDENT  NOMINATING  PETITION OR CERTIFICATE OF NOMINATION OR
BALLOT ACCESS DOCUMENT WHO THEREAFTER FILES SPECIFICATIONS OF HIS OR HER
OBJECTIONS TO ANY SUCH DOCUMENT SHALL  DO  SO  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS SUBDIVISION. ALL SUCH SPECIFICATIONS SHALL SUBSTAN-
TIALLY COMPLY WITH THE FOLLOWING REQUIREMENTS:
  (I) FOR SPECIFICATIONS RELATING TO ANY PETITION,  THE  VOLUME  NUMBER,
PAGE  NUMBER,  AND LINE NUMBER OF ANY SIGNATURE OBJECTED TO ON ANY PETI-
TION SHALL BE SET FORTH IN DETAIL. IN ADDITION, ANY PORTION OF ANY PETI-
TION OR ANY SIGNATURE LINE OR WITNESS STATEMENT  OBJECTED  TO  SHALL  BE
SPECIFICALLY IDENTIFIED AND REASONS GIVEN FOR ANY SUCH OBJECTION;
  (II) THE TOTAL NUMBER OF SIGNATURES OBJECTED TO SHALL BE SET FORTH AND
ALL  OBJECTIONS  RELATING  TO  A SINGLE SIGNATURE LINE SHOULD BE GROUPED
TOGETHER; AND
  (III)  SYMBOLS  AND/OR  ABBREVIATIONS  MAY  BE  USED  TO   SET   FORTH
OBJECTIONS,  PROVIDED  THAT  A  SHEET EXPLAINING THE MEANING OF ANY SUCH
SYMBOLS AND/OR ABBREVIATIONS IS ATTACHED TO THE SPECIFICATIONS.
  (B) NO SPECIFICATIONS OF OBJECTIONS TO ANY  PETITION,  CERTIFICATE  OF
NOMINATION  OR  BALLOT  ACCESS  DOCUMENT  WILL  BE CONSIDERED UNLESS THE
OBJECTOR FILING THE SPECIFICATIONS PERSONALLY DELIVERS OR MAILS BY OVER-
NIGHT MAIL A DUPLICATE COPY OF THE SPECIFICATION TO EACH  CANDIDATE  FOR
PUBLIC OFFICE NAMED ON THE PETITION.  OBJECTIONS AND SPECIFICATIONS TO A
PETITION  FOR  AN  OPPORTUNITY  TO  BALLOT MUST BE SERVED ON THE PERSONS
NAMED AS THE COMMITTEE TO RECEIVE NOTICES.  IN THE CASE  OF  A  PETITION
CONTAINING CANDIDATES FOR PARTY POSITIONS, SERVICE OF THE SPECIFICATIONS
SHALL  BE  MADE ON EITHER THE NAMED CANDIDATES OR THE FIRST PERSON NAMED
ON THE PETITION'S COMMITTEE TO FILL VACANCIES. SERVICE SHALL BE MADE  ON
OR  BEFORE  THE DATE OF FILING OF ANY SPECIFICATIONS WITH THE OFFICER OR
BOARD. PROOF  OF  SERVICE  SHALL  ACCOMPANY  THE  SPECIFICATIONS  OR  BE
RECEIVED  BY  THE  END  OF TWO BUSINESS DAYS FOLLOWING THE FILING OF THE
SPECIFICATIONS, WHICHEVER IS LATER.
  4. (A) SUCH OFFICER OR BOARD SHALL GIVE NOTICE BY  OVERNIGHT  MAIL  TO
THE  OBJECTOR AND THE CANDIDATE NAMED IN SUCH PETITION OR CERTIFICATE OF
THE DATE OR DATES ON WHICH SUCH OFFICER  OR  BOARD  SHALL  CONSIDER  THE
SPECIFICATIONS  FILED, AND BOARD FINDINGS, THE RESULT OF AND RESEARCH OF
THE SPECIFICATIONS, AND SHALL MAKE A DETERMINATION AS TO THE SUFFICIENCY
OF SUCH PETITION OR CERTIFICATE  AND  SHALL  PROVIDE  THE  OBJECTOR  AND
CANDIDATE OR THEIR AGENT(S) AN OPPORTUNITY TO BE HEARD AS TO THE VALIDI-
TY  OF  EACH SPECIFIC OBJECTION. COPIES OF THE BOARD'S RESEARCH OF SPEC-
IFICATIONS SHALL ACCOMPANY SUCH NOTICE.   SUCH  OPPORTUNITY  MAY  BE  BY
WRITTEN  SUBMISSION OR ORAL PRESENTATION IN THE DISCRETION OF SUCH OFFI-
CER OR BOARD. SUCH OFFICER OR BOARD SHALL NOT DENY THE OBJECTOR  OR  THE
CANDIDATE OR THEIR AGENT(S) AN OPPORTUNITY TO BE PRESENT WHEN THE DETER-
MINATION AS TO VALIDITY IS MADE.
  (B)  FOR OBJECTIONS AND SPECIFICATIONS MADE TO BALLOT ACCESS DOCUMENTS
FILED WITH THE STATE BOARD OF ELECTIONS, THE PROVISIONS OF PARAGRAPH (A)
OF THIS SUBDIVISION SHALL APPLY. HOWEVER, THE OPPORTUNITY TO BE HEARD AS
TO THE VALIDITY OR INVALIDITY OF SUCH SPECIFICATIONS SHALL  BE  PROVIDED
IN A HEARING WHICH PRECEDES ANY MEETING OF THE STATE BOARD'S COMMISSION-
ERS AT WHICH DETERMINATIONS WILL BE RENDERED.

A. 8719--A                          3

  5.  When  [a] ANY determination is made that a certificate or petition
is SUFFICIENT OR insufficient, such officer or board shall  give  notice
of  the  determination  forthwith by mail to each candidate named in the
petition or certificate, and, if the determination is made  upon  speci-
fied  objections, the objector shall be notified; PROVIDED THAT ANY SUCH
CANDIDATE OR OBJECTOR MAY DESIGNATE AN ATTORNEY OR AGENT TO RECEIVE  ANY
SUCH  NOTICE  AND/OR DETERMINATION ON HIS OR HER BEHALF. ANY SUCH DESIG-
NATION SHALL BE IN WRITING AND INCLUDE  THE  NAME,  ADDRESS,  EMAIL  AND
TELEPHONE  NUMBER  OF  ANY SUCH ATTORNEY OR AGENT, AND ANY SUCH ATTORNEY
AND/OR AGENT SHALL BE ELIGIBLE TO REPRESENT ANY SUCH CANDIDATE OR OBJEC-
TOR IN ANY PROCEEDING RELATING TO THE SPECIFICATIONS.
  6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN OBJECTION
OR HEARING IF THE BOARD OF ELECTIONS BY MAJORITY VOTE DETERMINES THAT  A
FILING  DOES NOT MEET THE CRITERIA OF SUBDIVISION ONE OF THIS SECTION TO
BE PRESUMPTIVELY VALID.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law.    Effective  immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the  implementa-
tion  of  this act on its effective date are authorized to be made on or
before such date.