NY State Senate Bill 2015-S7933

Archive: Last Bill Status - In Senate Committee Elections Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2016	referred to elections

2015-S7933 (ACTIVE) - Details

See Assembly Version of this Bill:: A10419
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§6-132, 6-140, 6-204, 6-206 & 15-108, El L
Versions Introduced in 2017-2018 Legislative Session:: S1421, A3422

2015-S7933 (ACTIVE) - Summary

Relates to designating and nominating petitions for state, local and village elections.

2015-S7933 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7933

 TITLE OF BILL :

An act to amend the election law, in relation to designating and
nominating petitions

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation clarifies the requirements for designating and
nominating petitions.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision 1 of section 6-132 of the Election Law is
amended by adding a space to include a district number, if applicable,
on each sheet of a Designating Petition.

Section 2. Paragraph a of subdivision 1 of section 6-140 of the
Election Law is amended by adding the directive to "include a district
number, if applicable" on each sheet of an Independent Nominating
Petition.

Section 3. Subdivision 1 of section 6-204 of the Election Law is
amended by adding the directive "include a district number, if
applicable" on a Party Designating Petition for elective village

offices.

Section 4. Subdivision 1 of section 6-206 of the Election Law is
amended by adding the directive "include district number, if
applicable" on the petition for a Village Independent Nominating
Petition.

Section 5. Paragraph a of subdivision 3 and subdivision 4 of section
15-108 of the Election Law is amended by adding the directive to
"include district number, if applicable".

Section 6. Establishes the effective date.

 JUSTIFICATION :

The decision to vote is intrinsically linked to the choice of
candidates on the ballot. The right to become a candidate in an
election is as important as the right to vote. An individual can
petition to become a candidate. However, many petitions have been
invalidated because the public office -the title of the office and
geographic boundaries (the district number)-was not clearly identified
in the petition. For example, in the matter of Osaretin Ighile versus
Board of Elections in the City of New York, the Supreme Court declined
to validate the petition because the description of public office was
deemed inadequate; the district number was not on the petition. This
legislation intends to clarify the information that is required on
each sheet of the petition. By creating a designation for the
geographic boundaries on the sample petitions provided by the New York
State Board of Elections, individuals will be aware of what the
required information is, and thus be better able to participate in the
democratic process as candidates.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

There are no fiscal implications associated with this legislation.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7933 (ACTIVE) - Bill Text download pdf

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

    S. 7933                                                 A. 10419

                      S E N A T E - A S S E M B L Y

                              May 26, 2016
                               ___________

IN  SENATE -- Introduced by Sen. AVELLA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Elections

IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
  the Committee on Election Law

AN ACT to amend the election law, in relation to designating  and  nomi-
  nating petitions

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

  Section 1. Subdivision 1 of section 6-132  of  the  election  law,  as
amended  by  chapter  235  of  the  laws  of 2000, is amended to read as
follows:
  1. Each sheet of a designating petition shall be  signed  in  ink  and
shall  contain  the  following information and shall be in substantially
the following form:
  I, the undersigned, do hereby state that I am a duly enrolled voter of
the.................... party and entitled to vote at the  next  primary
election  of  such  party,  to be held on..............., 20...; that my
place of residence is truly stated opposite my signature hereto,  and  I
do  hereby designate the following named person (or persons) as a candi-
date (or candidates) for the nomination of such party for public  office
or for election to a party position of such party.
                   Public Office
                   or party position         Place of Residence
 Names of          (INCLUDE DISTRICT NUMBER, (also post office address,
 candidates        IF APPLICABLE)            if not identical)
 ............      ................          .........................
 ............      ................          .........................
  I  do  hereby appoint .............................. (insert the names
and addresses of at least three persons, all of whom shall  be  enrolled
voters  of  said  party)  as a committee to fill vacancies in accordance
with the provisions of the election law.
  In witness whereof, I have hereunto set my  hand,  the  day  and  year
placed opposite my signature.

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

                                                           LBD15427-03-6

S. 7933                             2                           A. 10419

 Date              Name of Signer            Residence
 ............      ..............            .........................
 ............      ..............            .........................
                                               Town or city (except
                                               in the city of New
                                               York, the county)
                                               ..................
                                               ..................
  S  2.  Paragraph  a  of subdivision 1 of section 6-140 of the election
law, as amended by chapter 235 of the laws of 2000, is amended  to  read
as follows:
  a. Each sheet of an independent nominating petition shall be signed in
ink,  shall  contain  the following information and shall be in substan-
tially the following form:
  I, the undersigned, do hereby state that I am a  registered  voter  of
the  political  unit  for which a nomination for public office is hereby
being made, that my present place of residence is truly stated  opposite
my  signature  hereto, and that I do hereby nominate the following named
person (or persons) as a candidate (or as candidates)  for  election  to
public  office (or public offices) to be voted for at the election to be
held on the ............ day of ................,  20....,  and  that  I
select  the name ............................ (fill in name) as the name
of the independent body  making  the  nomination  (or  nominations)  and
................ (fill in emblem) as the emblem of such body.

                    Public                 Place of residence
                    Office                 (also post office
 Name of            (INCLUDE DISTRICT       address
 Candidate          NUMBER, IF APPLICABLE) if not identical)
 ..........         .................      ..........................
 ..........         .................      ..........................
I do hereby appoint ............................. (here insert the names
and addresses of at least three persons, all of whom shall be registered
voters  within such political unit), as a committee to fill vacancies in
accordance with the provisions of the election law.
  In witness whereof, I have hereunto set my  hand,  the  day  and  year
placed opposite my signature.

 Date              Name of Signer            Residence
 ......            ................          .......................
 ......            ................          .......................
                                             Town or city (except
                                             in the city of New
                                             York, the county)
                                             .......................
                                             .......................

  S 3. Subdivision 1 of section 6-204 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  1.  Party designations for elective village offices shall be made on a
designating petition containing the signatures in ink  of  residents  of
the village who are registered to vote with the appropriate county board
of  elections  at the time of signing and who are enrolled in such poli-
tical party. The sheets of such a petition shall be numbered.  A  signer
need not himself or herself fill in the date or residence. Each sheet of

S. 7933                             3                           A. 10419

such  petition  must  be  in  substantially the following form and shall
contain all the information required therein:

                       PARTY DESIGNATING PETITION

  I, the undersigned do hereby state that I am a registered voter of the
Village  of ............. and a duly enrolled voter of the .............
party and entitled to vote at the next primary election of  such  party,
that my place of residence is truly stated opposite my signature hereto,
and  I  hereby  designate  the  following named person (or persons) as a
candidate or (candidates) for nomination of such party  for  the  public
office or (public offices) to be voted for at the primary election to be
held on the ...... day of ............ 20.... as hereinafter specified.

                          Public Office
                          (INCLUDE DISTRICT
                          NUMBER,
    Name of Candidate     IF APPLICABLE)      Term          Residence

  ....................  .................   ..........    ............
  ....................  .................   ..........    ............

  I  do  hereby  appoint  (insert  names and addresses of at least three
persons, all of whom shall be  enrolled  voters  of  said  party)  as  a
committee  to  fill  vacancies  in accordance with the provisions of the
election law.
  In witness whereof, I have hereunto set my  hand,  the  day  and  year
placed opposite my signature.

    Date             Name            Residence

   .............   .............   ...............
   .............   .............   ...............

                          STATEMENT OF WITNESS

  I ............... (name of witness) state: I am a duly qualified voter
of  the State of New York; and an enrolled voter of the .........  party
and now reside in the Village of ......... County of .........  State of
New York at  ............  (residence  address)  therein.  Each  of  the
persons  whose  names  are  subscribed to this petition sheet containing
......... signatures, subscribed his or her name in my presence.
  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

  In  lieu  of the signed statement of a witness who is a duly qualified
voter of the state qualified to sign the petition, the following  state-
ment signed by a notary public 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-

S. 7933                             4                           A. 10419

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)

    Page No........

  S 4. Subdivision 1 of section 6-206 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  1.  Independent nominations for elective village offices shall be made
by a petition containing the signatures  in  ink  of  residents  of  the
village  who  are  registered  with  the  appropriate  county  board  of
elections at the time of signing. The sheets of such a petition shall be
numbered. A signer need not himself or herself fill in the date or resi-
dence. Each sheet of such petition must be in substantially the  follow-
ing form and shall contain all the information required therein:

                 VILLAGE INDEPENDENT NOMINATING PETITION

  I,  the  undersigned,  do hereby state that I am a registered voter of
the Village of......., that my present place of residence is truly stat-
ed opposite my signature, and I do hereby nominate the  following  named
person  (or  persons)  as a candidate (or as candidates) for election to
public office (or public offices) to be voted for at the election to  be
held   on   the.....day  of........, 20.....,  and  that  I  select  the
name........... (fill in name) as  the  name  of  the  independent  body
making  the  nomination (or nominations) and.....(fill in emblem) as the
emblem of such body.
     Name of
    Candidate           Public Office           Term        Residence
                        (INCLUDE DISTRICT
                        NUMBER, IF APPLICABLE)
   .............      ....................      ....      ...............
   .............      ....................      ....      ...............

  I do hereby appoint (insert names and  addresses  of  at  least  three
persons,  all of whom shall be registered voters within such village) as
a committee to fill vacancies in accordance with the provisions  of  the
election law.
  In  witness  whereof,  I have signed this petition on the day and year
stated before my signature.
    Date          Signature           Residence
  ..........    .................   ...................
  ..........    .................   ...................

                          STATEMENT OF WITNESS

  I, ..................... state that I am a duly  qualified  voter  and
now  reside at ...................... (residence address) in the Village
of  ................  in  the  State  of  New  York  in  the  County  of
................. . Each  of  the  voters  whose names are subscribed to

S. 7933                             5                           A. 10419

this petition sheet containing ................ (fill in number)  signa-
tures, subscribed his or her name in my presence.
  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

  S 5. Paragraph a of subdivision 3 and subdivision 4 of section  15-108
of  the election law, as amended by chapter 447 of the laws of 2006, are
amended to read as follows:
  a. Party designations for elective village offices shall be made on  a
designating  petition  containing  the signatures in ink of residents of
the village who are registered to vote with the appropriate county board
of elections at the time of signing and who are enrolled in  such  poli-
tical party. The sheets of such a petition shall be numbered. Such peti-
tion  must  set  forth in each instance the correct date of signing, the
name of the signer, and his or her present address, and may set forth  a
committee  to  fill  vacancies  consisting  of  at least three qualified
voters of the village enrolled in such party and their residence  within
the  village.  A  signer need not himself or herself fill in the date or
residence. Each sheet of such petition  must  be  in  substantially  the
following form and shall contain all the information required therein:

                       PARTY DESIGNATING PETITION

  I, the undersigned do hereby state that I am a registered voter of the
Village  of ...... and  a  duly enrolled voter of the ........ party and
entitled to vote at the next primary election of  such  party,  that  my
place  of  residence is truly stated opposite my signature hereto, and I
hereby designate the following named person (or persons) as a  candidate
(or  candidates)  for nomination of such party for the public office (or
public offices) to be voted for at the primary election to  be  held  on
the ...... day of ........... 20.... as hereinafter specified.

                          Public Office
                          (INCLUDE DISTRICT
                          NUMBER, IF
    Name of Candidate     APPLICABLE)        Term       Residence

  ....................  .................   .......   ...............
  ....................  .................   .......   ...............

  I  do  hereby  appoint  (insert  names and addresses of at least three
persons, all of whom shall be  enrolled  voters  of  said  party)  as  a
committee  to  fill  vacancies  in accordance with the provisions of the
election law.
  IN WITNESS WHEREOF, I have hereunto set my  hand,  the  day  and  year
placed opposite my signature.

    Date             Name            Residence

  .............    .............   ...............
  .............    .............   ...............

S. 7933                             6                           A. 10419

                          STATEMENT OF WITNESS

  I ............... (name of witness) state: I am a duly qualified voter
of  the  State of New York; and an enrolled voter of the ......... party
and now reside in the Village of ......... County of ......... State  of
New  York  at ............ (residence  address)  therein.    Each of the
persons  whose   names   are   subscribed   to   this   petition   sheet
containing ......... signatures,  subscribed his or her name in my pres-
ence.
  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
                           page no. .........

  4.  Independent nominations for elective village offices shall be made
by a petition containing the signatures  in  ink  of  residents  of  the
village  who  are  registered  with  the  appropriate  county  board  of
elections at the time of signing or who are residents of the village who
were on the list of registered voters for the last village  election  in
such  village.  The  sheets  of  such a petition shall be numbered. Such
petition must set forth in each instance the correct  date  of  signing,
the name of the signer and his or her present address, and may set forth
a committee to fill vacancies consisting of at least three persons qual-
ified  to  vote  in  the village election and their residence within the
village. A signer need not himself or herself fill in the date or  resi-
dence.  Each sheet of such petition must be in substantially the follow-
ing form and shall contain all the information required  therein  except
as may otherwise be permitted by law.

                 VILLAGE INDEPENDENT NOMINATING PETITION

  I,  the  undersigned,  do hereby state that I am a registered voter of
the Village of .........., that my present place of residence  is  truly
stated  opposite  my  signature,  and I do hereby nominate the following
named person (or persons) as a candidate (or as candidates) for election
to public office (or public offices) to be voted for at the election  to
be  held  on  the ..... day  of ........, 20....., and that I select the
name .............. (fill in name) as the name of the  independent  body
making the nomination (or nominations) and ..... (fill in emblem) as the
emblem of such body.
                          Public Office
                          (INCLUDE DISTRICT
                          NUMBER, IF
    Name of Candidate     APPLICABLE)         Term        Residence

  ....................  .................   ........    .................
  ....................  .................   ........    .................

I do hereby appoint _ _ _ _
        Name                            Residence

  .............................   .................................
  .............................   .................................

S. 7933                             7                           A. 10419

as  a  committee  to fill vacancies in accordance with the provisions of
the election law.
  IN  WITNESS  WHEREOF,  I have signed this petition on the day and year
stated before my signature.

    Date             Signature          Residence
  .............    .................  ...............
  .............    .................  ...............

                          STATEMENT OF WITNESS

  I, ............... state that I am a  duly  qualified  voter  and  now
reside    at ............. (residence    address)    in    the   Village
of ........... in the State of New York in the County of ........ . Each
of the voters  whose  names  are  subscribed  to  this  petition  sheet,
containing ........ (fill  in  number) signatures, subscribed his or her
name in my presence.
  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

  S 6. This act shall take effect immediately.

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Senate Bill S7933

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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2015-S7933 (ACTIVE) - Details

2015-S7933 (ACTIVE) - Summary

2015-S7933 (ACTIVE) - Sponsor Memo

2015-S7933 (ACTIVE) - Bill Text download pdf

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Senate Bill S7933

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2015-S7933 (ACTIVE) - Details

2015-S7933 (ACTIVE) - Summary

2015-S7933 (ACTIVE) - Sponsor Memo

2015-S7933 (ACTIVE) - Bill Text download pdf

Comments