senate Bill S8465A

2019-2020 Legislative Session

Relates to the definition of the term name for purposes of designating or nominating a candidate for public office or party position

download bill text pdf

Sponsored By

Current 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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Actions

view actions (8)
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

Votes

view votes

Jul 22, 2020 - Rules committee Vote

S8465A
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 21, 2020 - Elections committee Vote

S8465A
6
1
committee
6
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Elections committee vote details

Elections Committee Vote: Jul 21, 2020

nay (1)

S8465 - Details

See Assembly Version of this Bill:
A10873
Law Section:
Election Law
Laws Affected:
Amd §1-104, El L

S8465 - Summary

Relates to the definition of the term "name" for purposes of designating or nominating a candidate for public office or party position.

S8465 - Sponsor Memo

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

S8465A (ACTIVE) - Details

See Assembly Version of this Bill:
A10873
Law Section:
Election Law
Laws Affected:
Amd §1-104, El L

S8465A (ACTIVE) - Summary

Relates to the definition of the term "name" for purposes of designating or nominating a candidate for public office or party position.

S8465A (ACTIVE) - Sponsor Memo

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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