BILL NUMBER:  S1130

 TITLE OF BILL :  An act to amend the election law, in relation to
nominating and designating petitions and certificates

 PURPOSE :

To allow a candidate seeking to fill an office position in a general
election the opportunity to decline a party designation upon
conclusion of the primary election.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 6-158 of the election law to provide that "a
candidate who files such a certificate of acceptance for an office for
which there have been filed certificates or petitions designating more
than one candidate for the nomination of any party, may thereafter
file a certificate of declination not later than the seventh day after
the primary election."

Section 2 states that this act shall take effect immediately.

 EXISTING LAW :

A certification of declination can only be filed within four days
after the final day to file such a designation.
              

 JUSTIFICATION :

Currently, a candidate for an office to be filled at the time of a
general election has the ability to decline an independent nomination
after the primary election. No similar provision exists for a
candidate to decline a party designation after a primary election. As
a result, designated candidates who lost a party primary are forced to
remain on the ballot, regardless of whether they have opted to end
campaigning efforts or have endorsed another candidate. The presence
of a candidate on the ballot who has already resigned from the race
serves no other purpose than to siphon off votes from earnest
candidates.

The lack of such a provision has also encouraged the practice of using
Supreme Court nominations to create a vacancy after a primary
election, Something as important as a judicial nomination should not
be used as a tool to remove a candidate who no longer wishes to run
from a ballot. This bill would make this practice unnecessary.

 LEGISLATIVE HISTORY :

2015-16: S.84/A.5951 Referred to Elections/Referred to Election Law
2013-14: S.94/A.111 Referred to Elections/Referred to Election Law
2011-12: S.4827-A/A.10789 Passed Senate/Referred to Election Law

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.