The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8509
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by  M.  of A. GOODELL, NORRIS, BARCLAY, J. M. GIGLIO -- read
   once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to primary  elections  and
   moving the date of the presidential primary
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 9, 11 and 12 of section 6-158 of the  election
 law, as amended by chapter 5 of the laws of 2019, are amended to read as
 follows:
   9. A petition for an independent nomination for an office to be filled
 at the time of a general election shall be filed not earlier than [twen-
 ty-four] SEVENTEEN weeks and not later than [twenty-three] SIXTEEN weeks
 preceding such election. A petition for an independent nomination for an
 office  to be filled at a special election shall be filed not later than
 twelve days following the issuance of a proclamation of such election.
   11. A certificate of acceptance or declination of an independent nomi-
 nation for an office to be filled at the  time  of  a  general  election
 shall  be  filed  not  later than the third day after the [twenty-third]
 SIXTEENTH Tuesday preceding such election except that  a  candidate  who
 files  such  a  certificate  of acceptance for an office for which there
 have been filed certificates or  petitions  designating  more  than  one
 candidate for the nomination of any party, may thereafter file a certif-
 icate  of  declination  not  later  than the third day after the primary
 election. A certificate of acceptance or declination of  an  independent
 nomination  for  an  office  to be filled at a special election shall be
 filed not later than fourteen days following the issuance of a proclama-
 tion of such election.
   12. A certificate to fill a vacancy caused  by  a  declination  of  an
 independent  nomination  for  an  office  to  be filled at the time of a
 general election shall be filed not later than the sixth day  after  the
 [twenty-third]  SIXTEENTH Tuesday preceding such election. A certificate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13574-03-1

 A. 8509                             2
 
 to fill a vacancy caused by a declination of an  independent  nomination
 for  an  office  to  be  filled at a special election shall be filed not
 later than sixteen days following the issuance of a proclamation of such
 election.
   §  2.  Paragraph (a) of subdivision 1 of section 8-100 of the election
 law, as amended by chapter 5 of the laws of 2019, is amended to read  as
 follows:
   (a) A primary election shall be held on the [fourth] SECOND Tuesday in
 [June]  AUGUST before every general election unless otherwise changed by
 an act of the legislature. Members of the state  and  county  committees
 and  assembly  district  leaders  and associate district leaders and all
 other party positions to be elected shall be elected at such primary and
 all nominations for public office required  to  be  made  at  a  primary
 election  in  such  year  shall be made at such primary. In each year in
 which electors of president and vice president of the United States  are
 to  be elected an additional primary election, to be known as the spring
 primary, shall be held on the [first] FOURTH Tuesday in [February] APRIL
 unless otherwise changed by an act of the legislature, for  the  purpose
 of electing delegates to the national convention.
   § 3. This act shall take effect immediately.