S T A T E O F N E W Y O R K
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8683--C
I N A S S E M B L Y
January 10, 2022
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Introduced by M. of A. SALKA, BLANKENBUSH, TAGUE, DeSTEFANO, ANGELINO --
read once and referred to the Committee on Election Law -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to the number of signa-
tures for independent nominating petitions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 6-142 of the election law, as
amended by section 9 of part ZZZ of chapter 58 of the laws of 2020, is
amended to read as follows:
1. An independent nominating petition for candidates to be voted for
by all the voters of the state must be signed by at least [forty-five]
FIFTEEN thousand voters, or one percent of the total number of votes,
excluding blank and void ballots, cast for the office of governor at the
last gubernatorial election, whichever is less, of whom at least [five]
ONE hundred[,] or one percent of enrolled voters, whichever is less,
shall reside in each of one-half of the congressional districts of the
State.
§ 2. Subdivision 3 of section 1-104 of the election law, as amended by
section 10 of part ZZZ of chapter 58 of the laws of 2020, is amended to
read as follows:
3. The term "party" means any political organization which, excluding
blank and void ballots, at the last preceding election for governor
received, at least two percent of the total votes cast for its candidate
for governor, or [one hundred thirty] FIFTY thousand votes, whichever
[is greater] LESSER, in the year in which a governor is elected and at
least two percent of the total votes cast for its candidate for presi-
dent, or [one hundred thirty] FIFTY thousand votes, whichever is [great-
er] LESSER, in a year when a president is elected.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13620-09-2
A. 8683--C 2
§ 3. Subdivision 4 of section 6-138 of the election law, as amended by
chapter 88 of the laws of 1995, is amended to read as follows:
4. [A signature made earlier than six weeks prior to the last day to
file independent petitions shall not be counted.] (A) A signature on an
independent petition for a special election made earlier than the date
of the proclamation calling the special election shall not be counted.
(B) SIGNATURES FOR AN INDEPENDENT PETITION FOR THE GENERAL ELECTION
SHALL BE COLLECTED DURING A TWELVE WEEK PERIOD BEGINNING THE MONDAY
BEFORE MEMORIAL DAY AND ENDING THE THIRD MONDAY OF AUGUST. NO SIGNATURE
FOR AN INDEPENDENT PETITION FOR THE GENERAL ELECTION SHALL BE COUNTED IF
MADE PRIOR TO OR AFTER SUCH PERIOD.
§ 4. Subdivisions 9, 11 and 12 of section 6-158 of the election law,
as amended by chapter 164 of the laws of 2022, 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] TWENTY-THREE weeks and not later than [twenty-three] SIX 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,
provided however, such certificate shall be filed not later than nine
days following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law.
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
Tuesday] SEVEN WEEKS preceding such GENERAL 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 certificate 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
proclamation of such election, provided however, such certificate shall
be filed not later than eleven days following the issuance of a procla-
mation of a special election held pursuant to paragraph b of subdivision
three of section forty-two of the public officers law.
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 Tuesday] SEVEN WEEKS preceding such election. A certificate
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, provided however, such certificate shall be filed not later
than thirteen days following the issuance of a proclamation of a special
election held pursuant to paragraph b of subdivision three of section
forty-two of the public officers law.
§ 5. Paragraph (a) of subdivision 6 of section 6-158 of the election
law, as amended by section 6 of chapter 164 of the laws of 2022, is
amended to read as follows:
(a) A certificate of a party nomination made other than at the primary
election for an office to be filled at the time of a general election
A. 8683--C 3
shall be filed not later than [thirty days after the June primary
election] SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
§ 6. Paragraph (a) of subdivision 6 of section 6-158 of the election
law, as amended by section 7 of chapter 164 of the laws of 2022, is
amended to read as follows:
(a) A certificate of a party nomination made other than at the primary
election for an office to be filled at the time of a general election
shall be filed not later than [thirty days after the primary election]
SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
§ 7. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 6 of section 6-158 of the
election law made by section five of this act shall be subject to the
expiration and reversion of such subdivision when upon such date the
provisions of section six of this act shall take effect.