Senate Bill S6903

                                
 
BILL NUMBER: S6903

SPONSOR: FUNKE
 
TITLE OF BILL:

A CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amend-
ment to article 2 of the constitution, in relation to residents of the
state of New York's rights to form and maintain political parties

 
PURPOSE:

This Constitutional Amendment would guarantee New Yorkers the right to
form, maintain and join political parties; provide for the establishment
of a political party when its candidate for governor polls at least
50,000 votes at any of the last three elections for governor, and estab-
lish constitutional protections for fusion voting and the ability of New
Yorkers to cast their ballot for a candidate and party of their choice.

 
SUMMARY OF PROVISIONS:

This bill would add a new section 10 to Article II of the New York State
              

Constitution to provide:

*That the people of New York shall have a right to form, maintain and
join a political party;

*That the term "political party" shall mean any political organization,
which at any of the last three preceding elections for governor, polled
at least fifty thousand votes for its candidate for governor;

*That any candidate for election to public office may receive the nomi-
nation of any political party;

*That a candidate for election to public office nominated by a political
party may also receive a nomination of any other political party;

*That the name of a candidate for election to public office shall appear
on the ballot as many times as there are parties or independent bodies
nominating him or her, and that there shall be a separate voting and
registering-device at each place in which such name shall appear; and

*That a candidate for public office nominated by more than one political
party shall be deemed to have received all the votes cast under such
candidate's name under all the political parties or independent bodies
nominating him or her.

 
JUSTIFICATION:

New Yorkers deserve a constitutional right to form, maintain and join a
political party of their choice.

They should further have the right to vote for any candidate nominated
by any such party. The present ability to form a separate political
party, and have voters be able to freely cast a ballot for any candidate
nominated by any such political party (a process known as fusion
voting), is currently only protected by state statute under the election
law.


This proposed Constitutional Amendment would guarantee the people's
right to vote for candidates on any party line that nominates a candi-
date. It would further constitutionally protect a voters choice and
ability to express their political views through the casting of their
ballot.

Recently, those who wish to limit the people's right to cast their
ballot for any candidate nominated by any political party, and thereby
restrict access to voter expression, have formed a constitutionally
circumspect commission, to circumvent the election law, and abolish
fusion voting.

New York has long provided voters with the ability to cast their ballot
for both the candidate and party of their choice. This ability should
not be allowed to be eviscerated by an unelected commission, dominated
by political party bosses and appointees.

This Constitutional Amendment would provide a guaranteed constitutional
right of New Yorkers ability to cast their ballot for both the candidate
and party of their choice, so as to protect this essential fundamental
liberty of suffrage, that has become so important to our citizens.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately after second passage by the
legislature and adoption by the voters.