S T A T E   O F   N E W   Y O R K
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                                  3218

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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

AN ACT to amend the election law, in relation to removing  the  require-
  ment that party emblems be included in ballot design

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

  Section 1. Subdivision 18 of section 1-104 of  the  election  law,  as
amended  by  chapter  181  of  the  laws  of 2005, is amended to read as
follows:
  18. The word "ballot" when referring to  voting  machines  or  systems
means  that portion of the cardboard or paper or other material or elec-
tronic display within the ballot frame containing the name of the candi-
date and [the emblem of] the party organization by which  he  was  nomi-
nated, of the form of submission of a proposed constitutional amendment,
proposition referendum or question as provided in this chapter, with the
word  "yes"  for  voting  for  any  question or the word "no" for voting
against any question except that where the question  or  proposition  is
submitted  only  to  the voters of a territory wholly within a county or
city, such form shall be determined by the county  board  of  elections.
Such  statement  and  the title shall be printed and/or displayed in the
largest type or display which it is practicable  to  use  in  the  space
provided.
  S 2. Subdivisions 1 and 2 of section 2-124 of the election law, subdi-
vision  2  as  amended  by chapter 9 of the laws of 1978, are amended to
read as follows:
  1. The state committee of a party shall select a name [and emblem]  to
distinguish  the  candidates  of  the  party  for  public  office in all
districts of the state, and shall file in the office of the state  board
of  elections,  a  certificate  executed  by its chairman and secretary,
setting forth the name [and showing the emblem so selected].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00829-01-5

              

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  2. The name of a party shall be in the English language and shall  not
include  the  words  "American",  "United States", "National", "New York
State", "Empire State", or any abbreviation thereof,  nor  the  name  or
part  of the name, or an abbreviation of the name, of an existing party.
[The  emblem  chosen  may  be a star, an animal, an anchor, or any other
proper symbol, but may not be the same as  or  similar  to  any  emblem,
insignia,  symbol  or  flag  used by any political or governmental body,
agency or entity nor any religious emblem, insignia, symbol or flag, nor
the portrait of any person, nor the representation of a coin or  of  the
currency  of  the United States.] The name [and emblem] chosen shall not
be similar to or likely to create confusion with the name [or emblem] of
any other existing party or independent body.
  S 3. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1. The state board of elections not later than thirty-six days  before
a general election, or fifty-three days before a special election, shall
certify to each county board of elections the name and residence of each
candidate  nominated  in  any  valid certificate filed with it or by the
returns canvassed by it, the title of the office  for  which  nominated;
the name of the party or body specified of which he is a candidate; [the
emblem chosen to distinguish the candidates of the party or body;] and a
notation  as  to whether or not any litigation is pending concerning the
candidacy. Upon the completion of any such litigation, the  state  board
of  elections  shall  forthwith  notify the appropriate county boards of
elections of the results of such litigation.
  S 4. Subdivision 1 of section 6-128 of the election law is amended  to
read as follows:
  1.  When  an independent body becomes a party at a general election by
qualifying under the requirements set by law, nominations  shall,  prior
to  and  including  the  first  general  election thereafter, be made as
provided by the rules of such party. A certificate of  such  nominations
shall contain:
  (a) The name of the party filing the nominations.
  (b)  The  title of the office for which the nomination is made and the
name and residence address of the person so nominated.
  (c) The names of the members of the committee, if  any,  appointed  to
fill vacancies in nominations.
  (d) [A description and representation of the party's emblem.
  (e)] The name of the committee making the nomination.
  [(f)] (E) A certified copy of the party rules describing the rule-mak-
ing body and nomination process.
  [(g)] (F) An affidavit containing a statement by the presiding officer
and  secretary  of  the  committee  that  they are such officers and the
statements in the certificate are true.
  S 5. Subdivision 3 of section 6-138 of the election law, as amended by
chapter 305 of the laws of 1992, paragraph a as amended by  chapter  306
of the laws of 1992, is amended to read as follows:
  3. a. The name selected for the independent body making the nomination
shall be in English characters and shall not include the name or part of
the  name  or an abbreviation of the name or part of the name, nor shall
the [emblem or] name be of such a configuration as to create the  possi-
bility  of confusion with the [emblem or] name of a then existing party,
or the [emblem or] name of an independent body selected by a  previously
filed independent nominating petition for the same office.
  b.  Notwithstanding  the  requirements of paragraph a of this subdivi-
sion, if the [emblem or] name selected for an independent  body  on  any

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independent  nominating  petition  is  the  same as that selected by any
previously filed independent nominating petition for  the  same  office,
the  board  of elections with which such later petition was filed shall,
not  later  than two days after the filing of such later filed petition,
send notice of such duplicate selection of [emblem or]  name  by  first-
class  mail,  to the candidate for such office who was nominated by such
later filed petition, and that the candidate  to  whom  such  notice  is
required  to  be  sent  may file with such board of elections, not later
than seven days after such notice was mailed, a certificate selecting  a
different [emblem or] name.
  c.  A  person who has been nominated or who expects to be nominated as
the candidate of an independent body for the office of President of  the
United  States at any election for such office may, not later than three
days after the last day to file  nominating  petitions,  file  with  the
state  board  of  elections, a special certificate which shall be irrev-
ocable, stating that such person does not wish to permit candidates  for
any  other  office,  except  the  office of Vice-President of the United
States, to appear on the ballot with the same name [and emblem]  as  the
independent body which has nominated or will nominate such candidate for
the office of President.
  d.  Not  later  than  seven days after the last day to file nominating
petitions, the state board of elections shall notify each local board of
elections of the name of each candidate  for  President  of  the  United
States  who has filed such a special certificate, together with the name
[and emblem] of the independent body  selected  on  the  petition  which
nominated such candidate.
  e. If any candidate has been nominated for any other office by a peti-
tion which selected the same name [or emblem] for an independent body as
the  name  [or emblem] selected on the petition which nominated a candi-
date for President of the United States who has filed a special  certif-
icate  pursuant  to  paragraph  c  of  this  subdivision,  the  board of
elections with which the petition nominating  such  candidate  for  such
other office was filed shall, not later than ten days after the last day
to  file  nominating  petitions,  send  to each such candidate, by first
class mail, notice that a special certificate pursuant to paragraph c of
this subdivision has been filed and that  the  candidate  to  whom  such
notice  is  sent  may  file with such board of elections, not later than
seven days after such notice  was  mailed,  a  certificate  selecting  a
different name [and emblem].
  f.  If  [such a petition shall not show an emblem, or if] the petition
shall fail to select a name for such independent body, or if pursuant to
the provisions of paragraph b or paragraph  e  of  this  subdivision,  a
candidate  shall  fail to select another [emblem or] name for such inde-
pendent body, the officer or board in whose office the petition is filed
shall select [an emblem or] A name [or both] to distinguish  the  candi-
dates  nominated thereby. The name [and emblem] shown upon such petition
or selected by a candidate authorized to make such  selection  by  para-
graph b or paragraph e of this subdivision, or selected by an officer or
board  shall  also  conform  to  the  requirements  of this chapter with
respect to names [or emblems] permitted to be selected by a party.
  g. Nothing contained in this subdivision shall  preclude  a  court  of
competent jurisdiction from rejecting an independent nominating petition
if  the  court  determines that fraud was involved in the selection of a
name [or emblem].

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  S 6. 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].

                                           Place of residence
                                           (also post office
 Name of            Public                  address
 Candidate          Office                 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 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi-
vision  1 as amended by chapter 447 of the laws of 2006, and subdivision
3 as added by chapter 359 of the laws of 1989, are 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

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

  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
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

  3.  The  name  selected for the independent body making the nomination
shall be in the English language and shall not include the name or  part
of the name, or an abbreviation of the name or of part of the name, of a
then  existing  party.  The  name  [and emblem] shown upon such petition
shall conform to the requirements of this  chapter,  relating  to  party
names [and party emblems]. If [such a petition shall not show an emblem,
or]  the petition shall fail to select a name for such independent body,
the board of elections shall select [an emblem or] A name, [or both]  to
distinguish the candidates nominated thereby.
  S  8.  Subdivision 4 of section 15-108 of the election law, as amended
by chapter 447 of the laws of 2006, is amended to read as follows:
  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-

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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].
    Name of Candidate     Public Office       Term        Residence

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

I do hereby appoint _ _ _ _
        Name                            Residence

  .............................   .................................
  .............................   .................................
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 9. Subdivision 1 of section 16-104 of the election law is amended to
read as follows:
  1. The form and content of any ballot, or portion thereof, to be  used
in  an  election, and the right to use any [emblem design,] color, party

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or independent body name, may be contested in a proceeding instituted in
the supreme court by any aggrieved candidate or by the chairman  of  any
party committee or independent body.
  S 10. This act shall take effect immediately.