S T A T E O F N E W Y O R K
________________________________________________________________________
5382
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to the opportunity to
ballot; and to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 6-164 and 6-166 of the election law are REPEALED.
§ 2. Subdivision 4 of section 6-158 of the election law is REPEALED.
§ 3. Subdivision 2 of section 6-154 of the election law, as amended by
chapter 248 of the laws of 1981, is amended to read as follows:
2. Written objections to any certificate of designation or nomination
or to a nominating or designating petition [or a petition for opportu-
nity to ballot for public office] or to a certificate of acceptance, a
certificate of authorization, a certificate of declination or a certif-
icate of substitution relating thereto may be filed by any voter regis-
tered to vote for such public office and to a designating petition [or a
petition for opportunity to ballot for party position] or a certificate
of substitution, a certificate of acceptance or a certificate of decli-
nation relating thereto by any voter enrolled to vote for such party
position. Such objections shall be filed with the officer or board with
whom the original petition or certificate is filed within three days
after the filing of the petition or certificate to which objection is
made, or within three days after the last day to file such a certif-
icate, if no such certificate is filed except that if any person nomi-
nated by an independent nominating petition, is nominated as a party
candidate for the same office by a party certificate filed, or a party
nomination made after the filing of such petition, the written objection
to such petition may be filed within three days after the filing of such
party certificate or the making of such party nomination. When such an
objection is filed, specifications of the grounds of the objections
shall be filed within six days thereafter with the same officer or board
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09070-01-1
A. 5382 2
and if specifications are not timely filed, the objection shall be null
and void. Each such officer or board is hereby empowered to make rules
in reference to the filing and disposition of such petition, certif-
icate, objections and specifications.
§ 4. Subdivision 3 of section 6-168 of the election law, as added by
chapter 143 of the laws of 1979, is amended to read as follows:
3. If, at any primary election in which more than one nomination is to
be made for the office of judge of the civil court of the city of New
York in any borough of such city or in any civil court district within
any such borough, only one candidate is designated for any such vacancy,
such candidate shall be deemed nominated and his name shall not appear
upon the primary ballot [unless a petition for opportunity to ballot for
such vacancy is filed pursuant to the provisions of this chapter].
§ 5. Paragraph (c) of subdivision 1 of section 7-114 of the election
law, as amended by chapter 411 of the laws of 2019, is amended to read
as follows:
(c) The ballot shall not contain a space for voting for candidates for
uncontested offices and positions, and no ballot shall be printed for a
party for which there is no contested office or position [unless a peti-
tion for opportunity to ballot has been filed].
§ 6. Subdivision 1 of section 16-102 of the election law, as amended
by chapter 373 of the laws of 1978, is amended to read as follows:
1. The nomination or designation of any candidate for any public
office or party position or any independent nomination[, or the holding
of an uncontested primary election, by reason of a petition for an
opportunity to ballot having been filed], or the election of any person
to any party position may be contested in a proceeding instituted in the
supreme court by any aggrieved candidate, or by the chairman of any
party committee or by a person who shall have filed objections, as
provided in this chapter, except that the chairman of a party committee
may not bring a proceeding with respect to a designation or the holding
of an otherwise uncontested primary.
§ 7. Section 17-122 of the election law, as amended by chapter 373 of
the laws of 1978 and subdivision 7 as amended by chapter 129 of the laws
of 1997, is amended to read as follows:
§ 17-122. Misconduct in relation to petitions. Any person who:
1. Pays, lends, contributes or promises to pay, lend or contribute any
money or other valuable consideration to or for any voter, or to or for
any other person, to induce such voter to sign a petition for the desig-
nation of a candidate for party nomination or for election to a party
position to be voted for at a primary election[, or to induce such voter
to sign a petition for opportunity to ballot at a primary election] or
to induce such voter to sign an independent nominating petition for
public office; or
2. Gives, offers or promises any office, place or employment, or prom-
ises to procure or endeavor to procure any office, place or employment
to or for any voter, or to or for any other person, in order to induce
such voter to sign a petition for the designation of a candidate for
party nomination or for election to a party position to be voted for at
a primary election[, or to induce such voter to sign a petition for
opportunity to ballot at a primary election] or to induce such voter to
sign an independent nominating petition for public office; or
3. Receives, agrees or contracts for any money, gift, loan or other
valuable consideration, office, place or employment for himself or any
other person, for signing a petition for the designation of a candidate
for party nomination or for election to a party position to be voted for
A. 5382 3
at a primary election[, or for signing a petition for opportunity to
ballot at a primary election] or for signing an independent nominating
petition for public office; or
4. Pays or agrees to pay money or other valuable consideration, to any
person for his services in canvassing for or otherwise procuring the
signatures of voters to a petition for the designation of a candidate or
candidates for party nomination or for election to a party position to
be voted for at a primary election[, or to a petition for opportunity to
ballot at a primary election,] or to an independent nominating petition
for public office, upon the basis of the number of names to such peti-
tion procured by such person, or at a fixed amount per name; or,
5. Represents to any person as an inducement for signing a petition
for the designation of a candidate for party nomination or for election
to a party position to be voted for at a primary election, [or for sign-
ing a petition for opportunity to ballot at a primary election,] or for
signing an independent nominating petition for public office, that the
person soliciting such signature is to be compensated upon the basis of
the number of names procured by such a person, or at a fixed amount per
name; or
6. Being a signer of a petition, provided for in the election law, for
the designation or nomination of a candidate, [or a petition for oppor-
tunity to ballot at a primary election,] thereby makes a false statement
or makes a false affidavit thereon, or a false statement to the witness
who authenticates the petition; or
7. Being a notary public, commissioner of deeds or a subscribing
witness to a petition, provided for in this chapter, for the designation
or nomination of a candidate, [or a petition for opportunity to ballot
at a primary election,] thereby makes a false statement or makes a false
affidavit thereon; or
8. Alters a petition, provided for in the election law, for the desig-
nation or nomination of a candidate, [or a petition for opportunity to
ballot at a primary election,] by inserting, adding or changing therein
the name of a candidate, or the title or designation of an office or
position by any means whatsoever, after such petition has been signed by
one or more persons, is guilty of a misdemeanor.
§ 8. This act shall take effect immediately.