Senate Bill S9047

2017-2018 Legislative Session

Relates to individuals who are appointed and accept to be on the committee to receive notices to submit a certificate of acceptance

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2018	referred to rules

2017-S9047 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §6-166, El L
Versions Introduced in 2019-2020 Legislative Session:: S5180

2017-S9047 (ACTIVE) - Summary

Relates to requiring individuals who are appointed and accept to be on the committee to receive notices to submit a certificate of acceptance, signed by both the individual who is accepting the position as well as a notary public or commissioner of deeds.

2017-S9047 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9047

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the election law, in relation to certificates of accept-
ance

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to preclude identity theft on Oppor-
tunity to Ballot Petition (OTBP).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 6-166 of the Election Law is amended by adding a new
subdivision 3 to read as follows:  3. individuals nominated to serve on
the committee to receive notices, shall, in a certificate signed and
acknowledged by him or her, and filed as provided in this article,
accept the nomination of the committee, otherwise such nomination shall
be null and void. All certificates of acceptance shall be filed not

later than the fourth day after the last day to file petitions for the
opportunity to ballot.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

This legislation requires that every OTBP submitted to the Board of
Elections be accompanied by a Certificate of Acceptance completed by
those appointed on the petition to the 'committee to receive notices'.
Because there is no name of a candidate on the OTBP, this additional
requirement is essential. New York State law requires candidates to sign
a Certificate of Acceptance to be on the ballot, and the same law should
apply to those appointed to the Committee to Receive Notices on an OTBP.
These petitions are commonly circulated by political candidates under
the ballot line of a political party even though they have not yet
received the party's endorsement. Individuals selected to serve on the
'committee to receive notices' are not required to sign any formal
acceptance letter stating their intentions, their understanding of the
responsibility before them, or that their name on the petition is actu-
ally calling for a primary.

It is imperative that those appointed on the OTBP as the 'Committee to
Receive Notices' are aware that they hold this position. At this time,
unbeknownst to them, an individual could be named, and when discovered
the only way they could address the submission is to take formal legal
action in court, costing thousands of dollars to the political and judi-
cial process.

This legislation addresses this concern by mandating that each member of
the Committee to Receive Notices submit, with the OTBP, a signed Certif-
icate of Acceptance (accepting the position).

 
PRIOR LEGISLATIVE HISTORY:

2017: A.3853 (Galef) - Advanced to 3rd Reading

 
FISCAL IMPLICATIONS:
There is no cost to the State associated with the passage of this legis-
lation.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9047 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9047
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 certificates of accept-
   ance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6-166 of the election law is amended by adding a
 new subdivision 3 to read as follows:
   3. INDIVIDUALS WHO ARE APPOINTED AND ACCEPT, IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  THIS CHAPTER, TO BE ON THE COMMITTEE TO RECEIVE NOTICES,
 MUST SUBMIT A CERTIFICATE OF ACCEPTANCE SIGNED BY  BOTH  THE  INDIVIDUAL
 WHO IS ACCEPTING THE POSITION AS WELL AS A NOTARY PUBLIC OR COMMISSIONER
 OF  DEEDS.  ALL CERTIFICATES OF ACCEPTANCE MUST BE SUBMITTED AT THE SAME
 TIME THE PETITIONS FOR THE OPPORTUNITY TO BALLOT ARE SUBMITTED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08623-01-7

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Senate Bill S9047

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-S9047 (ACTIVE) - Details

2017-S9047 (ACTIVE) - Summary

2017-S9047 (ACTIVE) - Sponsor Memo

2017-S9047 (ACTIVE) - Bill Text download pdf

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Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2017-S9047 (ACTIVE) - Details

2017-S9047 (ACTIVE) - Summary

2017-S9047 (ACTIVE) - Sponsor Memo

2017-S9047 (ACTIVE) - Bill Text download pdf

Comments