NY State Senate Bill 2019-S5974A

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2019	signed chap.619
Dec 06, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading cal.387 substituted for a2047a
Jun 19, 2019	referred to election law delivered to assembly passed senate
Jun 13, 2019	ordered to third reading cal.1355 committee discharged and committed to rules print number 5974a
Jun 13, 2019	amend and recommit to elections
May 16, 2019	referred to elections

Votes

- Jun 19, 2019 - Floor Vote
  S5974A
  
  43
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jun 13, 2019 - Rules Committee Vote
  S5974A
  
  14
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2019
      
      aye (14)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Stewart-Cousins
      
      nay (4)
      
      Flanagan
      
      Griffo
      
      Lanza
      
      Seward
      
      aye wr (1)
      
      LaValle

Bill Amendments

Original

A (Active)

2019-S5974 - Details

See Assembly Version of this Bill:: A2047
Law Section:: Election Law
Laws Affected:: Amd §§6-128, 6-138 & 2-124, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6673, A8622
2017-2018: S4597, A2364

2019-S5974 - Summary

Prohibits the change of name of any independent body making nominations.

2019-S5974 - Sponsor Memo

                                
 
BILL NUMBER: S5974

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the election law, in relation to
prohibiting the name change of any independent body making nominations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to prohibit the name change of any
independent body making nominations.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph (a) of subdivision 1 of section 6-128 of the
Election Law is amended to read as follows: (a) The name of the party
filing the nominations which shall not be altered or modified once
submitted.

Section 2. The following language is added to the end of paragraph a of
subdivision 3 of section 6-138 of the Election Law: Such name selected
for such independent body shall continuously remain the name of .such

party as defined in subdivision three of section 1-104 of this chapter.

Section 3. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This portion is not applicable at this time.

 
JUSTIFICATION:

In New York State there are, and have been the following parties:  Demo-
cratic, Republican, Conservative, Liberal, Working Families and Inde-
pendence. A party is established when any political organizations candi-
date for governor obtains at least 50,000 votes in the last preceding
election. In the 2014 elections, the Stop Common Core ballot line
received 51,294 votes, obtaining a permanent ballot line for the next
four years. In January of 2015, however, the party organization
announced a name change from Stop Common Core to the Reform Party.

This action is akin to bait and switch tactics. The 51,294 voters voted
for a candidate who represented the views of the Stop Common Core party.
Now that the party is established, the organization changed its mission,
misleading those voters, essentially obtaining a multi-year legal poli-
tical status based on fraud.

Currently, a political organization's name cannot suggest similarity to
an existing party or a political organization that has already filed.
The political organization should also be prohibited from making a name
change. This legislation would prohibit the name change of any independ-
ent body making ballot nominations.

 
PRIOR LEGISLATIVE HISTORY:

A. 2364 and S. 4597 of 2017/2018
A. 8622 and S. 6673 of 2015/2016

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Fiscal implications associated with the passage of this legislation
could include a cost savings to the Board of Elections.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5974 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5974
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to  prohibiting  the  name
   change of any independent body making nominations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 1 of  section  6-128  of  the
 election law is amended to read as follows:
   (a)  The  name  of the party filing the nominations WHICH SHALL NOT BE
 ALTERED OR MODIFIED ONCE SUBMITTED.
   § 2. Paragraph a of subdivision 3 of section  6-138  of  the  election
 law,  as  amended by chapter 306 of the laws of 1992, is amended to read
 as follows:
   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 possibil-
 ity 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. SUCH NAME SELECTED
 FOR SUCH INDEPENDENT BODY SHALL CONTINUOUSLY REMAIN  THE  NAME  OF  SUCH
 PARTY AS DEFINED IN SUBDIVISION THREE OF SECTION 1-104 OF THIS CHAPTER.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07288-01-9

2019-S5974A (ACTIVE) - Details

See Assembly Version of this Bill:: A2047
Law Section:: Election Law
Laws Affected:: Amd §§6-128, 6-138 & 2-124, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6673, A8622
2017-2018: S4597, A2364

2019-S5974A (ACTIVE) - Summary

Prohibits the change of name of any independent body making nominations.

2019-S5974A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5974A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the election law, in relation to
prohibiting the name change of any independent body making nominations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to prohibit the name change of any
independent body making nominations.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph (a) of subdivision 1 of section 6-128 of the
Election Law is amended to read as follows: (a) The name of the party
filing the nominations which shall not be altered or modified once
submitted.

Section 2. The following language is added to the end of paragraph a of
subdivision 3 of section 6-138 of the Election Law: Such name selected
for such independent body shall continuously remain the name of .such

party as defined in subdivision three of section 1-10 4 of this chapter.

Section 3. Amends subdivision 4 of section 2-214 to provide that emblems
and names which have been continuously used by any party or independent
body for the nomination of candidates for governor must continue to be
used by such party or independent body.

Section 4. Establishes the effective date.

 
JUSTIFICATION:

In New York State there are, and have been the following parties:  Demo-
cratic, Republican, Conservative, Liberal, Working Families and Inde-
pendence. A party is established when any political organizations candi-
date for governor obtains at least 50,000 votes in the last preceding
election. In the 2014 elections, the Stop Common Core ballot line
received 51,294 votes, obtaining a permanent ballot line for the next
four years. In January of 2015, however, the party organization
announced a name change. from Stop Common Core to the Reform Party..

This action is akin to bait and switch tactics. The 51,294 voters voted
for a candidate who represented the views of the Stop Common Core party.
Now that the party is established, the organization changed its mission,
misleading those voters, essentially obtaining a multi-year legal poli-
tical status based on fraud.

Currently, a political organization's name cannot suggest similarity to
an existing party or apolitical organization that has already filed. The
political organization should also be prohibited from making a name
change. This legislation would prohibit the name change of any independ-
ent body making ballot nominations.

 
PRIOR LEGISLATIVE HISTORY:

A.2364and S.4597of 2017/2018
A.8622and S.6673of 2015/2016

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Fiscal implications associated with the passage of this legislation
could include a cost savings to the Board of Elections.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5974A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5974--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the election law, in relation to prohibiting the name
   change of any independent body making nominations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (a) of subdivision 1 of section 6-128 of the
 election law is amended to read as follows:
   (a) The name of the party filing the nominations WHICH  SHALL  NOT  BE
 ALTERED OR MODIFIED ONCE SUBMITTED.
   §  2.  Paragraph  a  of subdivision 3 of section 6-138 of the election
 law, as amended by chapter 306 of the laws of 1992, is amended  to  read
 as follows:
   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 possibil-
 ity  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. SUCH NAME  SELECTED
 FOR  SUCH  INDEPENDENT  BODY  SHALL CONTINUOUSLY REMAIN THE NAME OF SUCH
 PARTY AS DEFINED IN SUBDIVISION THREE OF SECTION 1-104 OF THIS CHAPTER.
   § 3. Subdivision 4 of section 2-124 of the election law is amended  to
 read as follows:
   4. Emblems and names which have been continuously used by any party or
 independent  body  for  the  nomination of candidates for governor [may]
 MUST continue to be used by such party or independent body.
   § 4. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07288-03-9

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Senate Bill S5974A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 19, 2019 - Floor Vote

Floor Vote: Jun 19, 2019

Jun 13, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 13, 2019

Bill Amendments

2019-S5974 - Details

2019-S5974 - Summary

2019-S5974 - Sponsor Memo

2019-S5974 - Bill Text download pdf

2019-S5974A (ACTIVE) - Details

2019-S5974A (ACTIVE) - Summary

2019-S5974A (ACTIVE) - Sponsor Memo

2019-S5974A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5974A

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2019-S5974 - Details

2019-S5974 - Summary

2019-S5974 - Sponsor Memo

2019-S5974 - Bill Text download pdf

2019-S5974A (ACTIVE) - Details

2019-S5974A (ACTIVE) - Summary

2019-S5974A (ACTIVE) - Sponsor Memo

2019-S5974A (ACTIVE) - Bill Text download pdf

Comments