Senate Bill S6868

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6868
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             September 6, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law,  in  relation  to  providing  for  the
   reopening  of a petitioning period to fill vacancies due to the decli-
   nation of a designation or nomination for reasons other than death  or
   serious illness
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 6-146 of the election  law,
 subdivision 2 as amended by chapter 234 of the laws of 1976, are amended
 and a new subdivision 2-a is added to read as follows:
   1.  A  person  designated  as  a candidate for nomination or for party
 position, or nominated for  an  office,  otherwise  than  at  a  primary
 election,  may,  in  a  certificate  signed and acknowledged by him, and
 filed as provided in this article, decline the designation or nomination
 NOT LATER THAN FIFTY-SEVEN DAYS BEFORE A PRIMARY  ELECTION,  OR  AT  ANY
 TIME  IF  SUCH DECLINATION IS DUE TO DEATH OR SERIOUS ILLNESS; provided,
 however, that, if designated or nominated for a public office other than
 a judicial office by a party of which he is not a duly enrolled  member,
 or  if designated or nominated for a public office other than a judicial
 office by more than one party or independent body or by  an  independent
 body  alone, such person shall, in a certificate signed and acknowledged
 by him, and filed as provided in this article, accept the designation or
 nomination as a candidate of each such party or independent  body  other
 than that of the party of which he is an enrolled member, otherwise such
 designation or nomination shall be null and void.
   2.  If  [any]  A designation or nomination is declined DUE TO DEATH OR
 SERIOUS ILLNESS, the officer or board  to  whom  or  which  notification
 thereof is given shall forthwith inform by mail or otherwise the commit-
 tee  authorized  to fill the vacancy, that the designation or nomination
 has been declined, and if such declination is filed with the state board
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13335-02-7

 S. 6868                             2
 
 of elections after such board has given official notice, pursuant to the
 provisions of this chapter, to the several boards of elections that  the
 name  of the candidate filing such declination is to appear on a ballot,
 such  board  also  shall give immediate notice by mail or otherwise that
 such designation or nomination has been declined, to the several  boards
 of  elections  which prepare the official ballots for election districts
 affected by such declination.
   2-A. IF A DESIGNATION OR NOMINATION IS DECLINED FOR REASONS OTHER THAN
 DEATH OR SERIOUS ILLNESS, THE OFFICER OR BOARD TO WHOM OR WHICH  NOTIFI-
 CATION  THEREOF IS GIVEN SHALL PROVIDE NOTICE TO THE APPROPRIATE COMMIT-
 TEE AND BOARDS OF ELECTIONS IN ACCORDANCE WITH SUBDIVISION TWO  OF  THIS
 SECTION.  THE  PETITIONING PERIOD FOR DESIGNATION OR NOMINATION OF A NEW
 CANDIDATE SHALL BE REOPENED FOR A PERIOD OF  SEVEN  DAYS  AND  SHALL  BE
 CLOSED NO LATER THAN FORTY-NINE DAYS BEFORE A PRIMARY ELECTION.
   §  2. The section heading and subdivisions 1, 2 and 3 of section 6-148
 of the election law, subdivision 1 as amended by chapter 373 of the laws
 of 1978 and subdivision 3 as amended by chapter 234 of the laws of 1976,
 are amended to read as follows:
   Nomination and designation; filling vacancies DUE  TO  DEATH,  SERIOUS
 ILLNESS OR DISQUALIFICATION. 1. A vacancy in a designation or nomination
 caused  by  [declination, where a declination is permitted by this arti-
 cle, or by] the death, SERIOUS ILLNESS or disqualification of the candi-
 date[, or by a tie vote at a primary,] may be filled by the  making  and
 filing  of a certificate, setting forth the fact and cause of the vacan-
 cy, the title of the office, the name of the original candidate, if any,
 and the name and address of the candidate newly designated or nominated.
   2. A vacancy in a designation or independent nomination, or in a party
 nomination made otherwise than at  a  primary,  DUE  TO  DEATH,  SERIOUS
 ILLNESS OR DISQUALIFICATION may be filled by a majority of the committee
 to  fill vacancies shown upon the face of the petition or certificate of
 the designation or nomination in which the vacancy occurs.
   3. A vacancy in a nomination made at a primary[,  or  by  a  tie  vote
 thereat,]  DUE  TO  DEATH,  SERIOUS  ILLNESS  OR DISQUALIFICATION may be
 filled by a majority of the members, of the party committee  or  commit-
 tees  last  elected  in  the  political subdivision in which the vacancy
 occurs, present at a meeting at which there is a quorum, or by a majori-
 ty of such other committee as the rules of the party may provide.
   § 3. The election law is amended by adding a new section 6-149 to read
 as follows:
   § 6-149. NOMINATION; VACANCY CAUSED BY REASONS OTHER THAN DEATH, SERI-
 OUS ILLNESS OR DISQUALIFICATION. A VACANCY IN  A  DESIGNATION  OR  NOMI-
 NATION  CAUSED  BY  DECLINATION  FOR  REASONS  OTHER THAN DEATH, SERIOUS
 ILLNESS OR DISQUALIFICATION SHALL BE FILLED BY THE REOPENING OF A  PETI-
 TIONING  PERIOD  FOR  DESIGNATION  OR  NOMINATION OF A NEW CANDIDATE FOR
 SEVEN DAYS AND CLOSING SUCH PETITIONING PERIOD NO LATER THAN  FORTY-NINE
 DAYS BEFORE A PRIMARY ELECTION.
   § 4. This act shall take effect immediately.