The New York State Senate

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

                                  7379

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

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

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an amendment to article 2 of the constitution, in relation to
  the establishment of an open primary system for all state and congres-
  sional elections

  Section 1. Resolved (if the Senate concur),  That  article  2  of  the
constitution be amended by adding a new section 10 to read as follows:
  S  10.  (A)  A VOTER-NOMINATION PRIMARY ELECTION SHALL BE CONDUCTED TO
SELECT THE CANDIDATES FOR CONGRESSIONAL AND STATE ELECTIVE OFFICES.  ALL
VOTERS MAY VOTE AT A VOTER-NOMINATED PRIMARY ELECTION FOR ANY  CANDIDATE
FOR  CONGRESSIONAL AND STATE ELECTIVE OFFICE WITHOUT REGARD TO THE POLI-
TICAL PARTY PREFERENCE DISCLOSED BY THE CANDIDATE OR THE VOTER, PROVIDED
THAT THE VOTER IS OTHERWISE QUALIFIED TO VOTE  FOR  CANDIDATES  FOR  THE
OFFICE IN QUESTION. THE CANDIDATES WHO ARE THE TOP TWO VOTE-GETTERS AT A
VOTER-NOMINATED  PRIMARY  ELECTION FOR A CONGRESSIONAL OR STATE ELECTIVE
OFFICE SHALL, REGARDLESS OF PARTY PREFERENCE,  COMPETE  IN  THE  ENSUING
GENERAL ELECTION.
  (B)  THE  LEGISLATURE  SHALL PROVIDE THAT CANDIDATES FOR SUCH CONGRES-
SIONAL AND STATE OFFICES SHALL BE PLACED ON THE BALLOT  FOR  VOTER-NOMI-
NATED  PRIMARY ELECTION BY PETITION IN THE MANNER PROVIDED BY STATUTE. A
CANDIDATE FOR A CONGRESSIONAL OR STATE ELECTIVE OFFICE MAY HAVE  HIS  OR
HER  POLITICAL  PARTY PREFERENCE, OR LACK OF POLITICAL PARTY PREFERENCE,
INDICATED UPON THE BALLOT FOR THE OFFICE IN THE MANNER PROVIDED BY STAT-
UTE. A POLITICAL PARTY OR PARTY COMMITTEE SHALL NOT NOMINATE A CANDIDATE
FOR ANY CONGRESSIONAL OR STATE ELECTIVE OFFICE  AT  THE  VOTER-NOMINATED
PRIMARY.  THIS  SUBDIVISION SHALL NOT BE INTERPRETED TO PROHIBIT A POLI-
TICAL PARTY OF PARTY COMMITTEE FROM ENDORSING, SUPPORTING,  OR  OPPOSING
ANY CANDIDATE FOR A CONGRESSIONAL OR STATE ELECTIVE OFFICE.  A POLITICAL
PARTY  OR PARTY COMMITTEE SHALL NOT HAVE THE RIGHT TO HAVE ITS PREFERRED
CANDIDATE PARTICIPATE IN THE  GENERAL  ELECTION  FOR  A  VOTER-NOMINATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89099-01-5

A. 7379                             2

OFFICE OTHER THAN A CANDIDATE WHO IS ONE OF THE TWO HIGHEST VOTE-GETTERS
AT THE PRIMARY ELECTION, AS PROVIDED IN SUBDIVISION (A).
  (C) THE LEGISLATURE SHALL PROVIDE FOR PARTISAN ELECTIONS FOR PRESIDEN-
TIAL  CANDIDATES, AND POLITICAL PARTY AND PARTY COMMITTEES, INCLUDING AN
OPEN PRESIDENTIAL PRIMARY WHEREBY THE CANDIDATES FOR THE OFFICE OF PRES-
IDENT OF THE UNITED STATES, ARE PLACED ON THE BALLOT  BY  PETITION.  ALL
VOTERS  MAY  VOTE AT THE PRIMARY ELECTION FOR ANY PRESIDENTIAL CANDIDATE
WITHOUT REGARD TO THE POLITICAL PARTY PREFERENCE DISCLOSED BY THE VOTER,
PROVIDED THAT THE VOTER IS OTHERWISE QUALIFIED TO VOTE FOR THE OFFICE OF
PRESIDENT.
  S 2. Resolved (if the Senate concur), That the foregoing amendments be
referred to the first regular legislative session  convening  after  the
next  succeeding  general  election  of members of the assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.