S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7333--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2017
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Election Law -- recommitted to the Committee  on  Election  Law  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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.
   § 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

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

                                                            LBD02659-04-8

 A. 7333--A                          2
 
 of elections, a certificate executed  by  its  chairman  and  secretary,
 setting forth the name [and showing the emblem so selected].
   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.
   § 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.
   § 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.
   § 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.

 A. 7333--A                          3
 
   b.  Notwithstanding  the  requirements of paragraph a of this subdivi-
 sion, if the [emblem or] name selected for an independent  body  on  any
 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].

 A. 7333--A                          4

   §  6.  Paragraph  a  of subdivision 1 of section 6-140 of the election
 law, as amended by chapter 176 of the laws of 2017, 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)
                                              .......................
                                              .......................
 
   § 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi-
 vision  1  as  separately amended by chapters 106 and 176 of the laws of
 2017, 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

 A. 7333--A                          5

 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 of the
 State of New York. I now reside at ................ (residence address).
 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
 
   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.
   § 8. Subdivision 4 of section 15-108 of the election law, as separate-
 ly amended by chapters 106 and 176 of the laws of 2017,  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,

 A. 7333--A                          6
 
 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
 
   .............................   .................................
   .............................   .................................
 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 of the State
 of New York. I now reside at .......... (residence address). 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

 A. 7333--A                          7
 
   § 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
 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.
   § 10. This act shall take effect immediately.