NY State Senate Bill 2019-S5180A

Senate Bill S5180A

Signed By Governor

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A5219 - 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
Nov 08, 2019	approval memo.11 signed chap.456
Oct 28, 2019	delivered to governor
Jun 19, 2019	returned to assembly passed senate 3rd reading cal.1774 substituted for s5180a
Jun 19, 2019	substituted by a5219 ordered to third reading cal.1774 committee discharged and committed to rules
Jun 13, 2019	print number 5180a
Jun 13, 2019	amend and recommit to elections
Apr 12, 2019	referred to elections

Votes

- Jun 19, 2019 - Floor Vote
  A5219
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Helming
  Jun 19, 2019 - Rules Committee Vote
  S5180A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2019-S5180 - Details

See Assembly Version of this Bill:: A5219
Law Section:: Election Law
Laws Affected:: Amd §6-166, El L
Versions Introduced in 2017-2018 Legislative Session:: S9047, A3853

2019-S5180 - Summary

Relates to individuals who are nominated to serve on the committee to receive notices to submit a certificate of acceptance.

2019-S5180 - Sponsor Memo

                                
 
BILL NUMBER: S5180

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend the election law, in relation to
certificates of acceptance

 
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
Certificate of Acceptance (accepting the position).

 
PRIOR LEGISLATIVE HISTORY:

2017: A.3853 (Galef) - Advanced to 3rd Reading 2018: 59047

 
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.

2019-S5180 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5180
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 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.
                                                            LBD06037-01-9

2019-S5180A (ACTIVE) - Details

See Assembly Version of this Bill:: A5219
Law Section:: Election Law
Laws Affected:: Amd §6-166, El L
Versions Introduced in 2017-2018 Legislative Session:: S9047, A3853

2019-S5180A (ACTIVE) - Summary

Relates to individuals who are nominated to serve on the committee to receive notices to submit a certificate of acceptance.

2019-S5180A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5180A

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend the election law, in relation to
certificates of acceptance

 
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 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 ballot.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This portion of this memorandum is not applicable at this time.

 
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's endorsement. Individuals selected
to serve on the 'committees to receive notices' are not required to sign
any formal acceptance letter stating their intentions, their understand-
ing of the responsibility before them, or that their name on the peti-
tion is actually 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 as part of the
'committee to receive notices.' Should this happen, and a person discov-
ered that they are on this committee, the only way they could address
the submission is to take formal legal action in court, costing thou-
sands of dollars.

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).

2019-S5180A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5180--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 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 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.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06037-03-9

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