S T A T E O F N E W Y O R K
________________________________________________________________________
2641
2019-2020 Regular Sessions
I N A S S E M B L Y
January 24, 2019
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to prohibiting multiple
party designations for candidates for public office and to repeal
subdivision 5 of section 7-104 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 6-146 of the election law is
amended 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 OR HER,
and filed as provided in this article, decline the designation or nomi-
nation; provided, however, that, if designated or nominated for a public
office other than a judicial office by a party of which he OR SHE 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 independ-
ent body or by an independent body alone, such person shall, in a
certificate signed and acknowledged by him OR HER, 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 OR SHE is an enrolled member, otherwise such designation or
nomination shall be null and void; PROVIDED, FURTHER, HOWEVER, THAT IF A
PERSON WHO HAS BEEN DESIGNATED AS A CANDIDATE FOR THE NOMINATION OF MORE
THAN ONE PARTY FOR THE SAME PUBLIC OFFICE, EXCEPT JUDICIAL OFFICE,
ACCEPTS THE DESIGNATION OF A PARTY OF WHICH HE OR SHE IS NOT ENROLLED,
ALL OTHER SUCH DESIGNATIONS OF SUCH CANDIDATE FOR SUCH OFFICE SHALL BE
DEEMED TO HAVE BEEN DECLINED. IF A PERSON WHO ACCEPTS THE NOMINATION OF
AN INDEPENDENT BODY FOR AN OFFICE, EXCEPT JUDICIAL OFFICE, IS ALSO NOMI-
NATED BY A PARTY FOR SUCH OFFICE, SUCH NOMINATION OF SUCH INDEPENDENT
BODY SHALL BE DEEMED TO HAVE BEEN DECLINED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00738-01-9
A. 2641 2
§ 2. Subdivision 4 of section 7-104 of the election law, as amended by
chapter 165 of the laws of 2010, is amended to read as follows:
4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing generally the names of candidates nominated by such party or inde-
pendent body for other offices [except as hereinafter provided].
(b) When the same person has been nominated for an office to be filled
at the election by more than one party, the voting machine shall be so
adjusted that his or her name shall appear in each row or column
containing generally the names of candidates for other offices nominated
by any such party.
(c) [If such candidate has also been nominated by one or more inde-
pendent bodies, his or her name shall appear only in each row or column
containing generally the names of candidates for other offices nominated
by any such party and the name of each such independent body shall
appear in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if such person shall fail to so designate, the names of
such independent bodies shall appear in such row or column as such offi-
cer or board shall determine.
(d) If any person shall be nominated for any office by one party and
two or more independent bodies his or her name shall appear on the
voting machine twice; once in the row or column containing generally the
names of candidates for other offices nominated by such party, and once
in the row or column containing generally the names of candidates nomi-
nated by the independent body designated by such person in a writing
filed with the officer or board charged with the duty of providing
ballots and in connection with the name of such person in such row or
column shall appear the name of each independent body nominating him or
her or, if such person shall fail to so designate, the name of such
candidate and the names of such independent bodies shall appear in such
row or column as such officer or board shall determine.
(e) If any person is nominated for any office only by more than one
independent bodies, his or her name shall appear but once upon the
machine in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if the candidate shall fail to so designate, in the
place designated by the officer or board charged with the duty of
providing ballots, and in connection with his or her name there shall
appear the name of each independent body nominating him or her, but,
where the capacity of the machine will permit, the name of such person
shall not appear or be placed in a column or on a horizontal line with
the names of persons nominated by a party for other offices] NO PERSON
MAY BE THE CANDIDATE OF MORE THAN ONE PARTY OR INDEPENDENT BODY FOR THE
SAME OFFICE, EXCEPT JUDICIAL OFFICE.
§ 3. Subdivision 5 of section 7-104 of the election law is REPEALED.
§ 4. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.