| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jul 22, 2020 | referred to election law delivered to assembly passed senate ordered to third reading cal.909 |
| Jul 21, 2020 | reported and committed to rules |
| Jul 15, 2020 | print number 8465a |
| Jul 15, 2020 | amend and recommit to elections |
| Jun 03, 2020 | referred to elections |
senate Bill S8465A
2019-2020 Legislative Session
Sponsored By
John C. Liu
(D) 16th Senate District
Archive: Last Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Bill Amendments
S8465 - Details
S8465 - Sponsor Memo
BILL NUMBER: S8465 SPONSOR: LIU TITLE OF BILL: An act to amend the election law, in relation to directing that the use of a candidate's alternate, familiar or anglicized name is permissible on electoral nominating petitions and ballots PURPOSE: To clarify that the use of alternate, anglicized or familiar names on election petitions and ballots is acceptable provided that such name is demonstrated to be commonly used to identify that person in the person's community and that the use of such name is not intended to mislead voters or petition signers. JUSTIFICATION: Recently, two Muslim women running for elected office in the borough of Queens, city of New York, were removed from the ballot by the Board of
S8465 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8465
I N S E N A T E
June 3, 2020
___________
Introduced by Sen. LIU -- 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 directing that the use
of a candidate's alternate, familiar or anglicized name is permissible
on electoral nominating petitions and ballots
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. Recently, two Muslim women running for
elected office in the borough of Queens, city of New York, were removed
from the ballot by the Board of Elections because the names they used on
their designating petitions did not match their registered voter name.
Furthermore, the board argued that the candidate's names were invalid,
as they were not a diminutive or familiar derivative of their registered
names.
This decision by the Board of Elections does not give due consider-
ation to cultural and ethnic practices surrounding naming and name
usage. Many people with ethnically traditional names unfamiliar to the
general population adopt an alternate or anglicized name which is easier
to remember or pronounce. They should not be penalized for doing so,
even when the alternate name is not easily perceived to be or is not
derived from the person's legal name.
The New York courts have repeatedly found that the use of alternate
names acceptable, so long as the name has been established in that
community and the voters are not misled by the use of the name. As is
noted in the New York State Board of Elections Election Law Update Manu-
al of 2019, wherein it is written "The name that a candidate uses on his
or her petition is the name that will appear on the ballot (Election Law
§ 7-102). A candidate may be put on the petition and ballot under a name
he or she has adopted in good faith and by which he or she is recognized
in the community (In re Steel, 186 Misc 98 (Sup Ct New York County
1946), aff'd 270 AD 806 [1946])".
The legislature finds and declares that it is in the best interests of
the people of the state to clarify that the use of alternate, anglicized
or familiar names on election petitions and ballots is acceptable
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Co-Sponsors
Alessandra Biaggi
(D, WF) 0 Senate District
David Carlucci
(D) 0 Senate District
Rachel May
(D, WF) 48th Senate District
S8465A (ACTIVE) - Details
S8465A (ACTIVE) - Sponsor Memo
BILL NUMBER: S8465A SPONSOR: LIU TITLE OF BILL: An act to amend the election law, in relation to directing that the use of a candidate's alternate, familiar or anglicized name is permissible on electoral nominating petitions and ballots PURPOSE: To clarify that the use of alternate, anglicized or familiar names on election petitions and ballots is acceptable provided that such name is demonstrated to be commonly used to identify that person in the person's community and that the use of such name is not intended to mislead voters or petition signers. JUSTIFICATION: Recently, two Muslim women running for elected office in the borough of Queens, city of New York, were removed from the ballot by the Board of
S8465A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8465--A
I N S E N A T E
June 3, 2020
___________
Introduced by Sen. LIU -- 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 directing that the use
of a candidate's alternate, familiar or anglicized name is permissible
on electoral nominating petitions and ballots
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-104 of the election law is amended by adding a
new subdivision 39 to read as follows:
39. THE TERM "NAME" FOR PURPOSES OF DESIGNATING OR NOMINATING A CANDI-
DATE FOR PUBLIC OFFICE OR PARTY POSITION SHALL MEAN AN INDIVIDUAL'S
FORMAL NAME OR AN ALTERNATE, ANGLICIZED, OR FAMILIAR FORM OF A NAME OR
NICKNAME, NOTWITHSTANDING THE CANDIDATE'S PROPER NAME AS IT APPEARS ON
HIS OR HER VOTER REGISTRATION FORM, PROVIDED THAT SUCH NAME IS DEMON-
STRATED TO BE COMMONLY USED TO IDENTIFY THE CANDIDATE IN THE CANDIDATE'S
COMMUNITY, DOES NOT INCLUDE A DESCRIPTIVE TERM, AND FURTHER PROVIDED
THAT THE USE OF SUCH NAME IS NOT INTENDED TO MISLEAD OR CONFUSE POTEN-
TIAL SIGNATORIES, AND WOULD NOT TEND TO CONFUSE OR MISLEAD POTENTIAL
SIGNATORIES, AS TO THE CANDIDATE'S IDENTITY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16316-06-0
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