Provides for the declination of a designation as a candidate or nomination for a party position if the person designated or nominated has received a diagnosis of a life-threatening illness, has been indicted for a crime or has resigned the office for which they are nominated or designated to run for re-election.
S T A T E O F N E W Y O R K
________________________________________________________________________
9947
I N A S S E M B L Y
April 19, 2022
___________
Introduced by M. of A. PAULIN, GALEF, LAVINE, L. ROSENTHAL, DICKENS,
ABINANTI, SEAWRIGHT, ENGLEBRIGHT, COLTON, GALLAGHER, BURDICK, GRIFFIN,
KELLES, SAYEGH, WOERNER -- read once and referred to the Committee on
Election Law
AN ACT to amend the election law, in relation to providing for the
declination of a designation as a candidate or nomination for a party
position under special circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The election law is amended by adding a new section 6-159
to read as follows:
§ 6-159. SPECIAL CIRCUMSTANCE DECLINATION. 1. NOTWITHSTANDING THE DATE
SPECIFIED IN THE NOTICE REQUIRED PURSUANT TO SECTION 6-144 OF THIS ARTI-
CLE, A PERSON DESIGNATED AS A CANDIDATE FOR NOMINATION OR FOR PARTY
POSITION, OR NOMINATED FOR AN OFFICE, MAY, IN A CERTIFICATE SIGNED AND
ACKNOWLEDGED BY HIM OR HER, AND FILED NO LATER THAN THREE BUSINESS DAYS
BEFORE THE CERTIFICATION OF THE BALLOT FOR AN ELECTION, DECLINE THE
DESIGNATION OR NOMINATION ONLY UNDER THE FOLLOWING EXTRAORDINARY CIRCUM-
STANCES:
(A) THE PERSON HAS RECEIVED A DIAGNOSIS OF A LIFE-THREATENING ILLNESS;
(B) THE PERSON HAS BEEN INDICTED FOR A CRIME; OR
(C) THE PERSON HAS RESIGNED THE OFFICE FOR WHICH THEY ARE NOMINATED OR
DESIGNATED TO RUN FOR RE-ELECTION, FOR ANY REASON.
2. THE PROVISIONS OF THIS ARTICLE REGARDING FILLING A VACANCY WHEN A
DESIGNATION OR NOMINATION IS DECLINED SHALL APPLY FOLLOWING THE CREATION
OF VACANCY DUE TO SPECIAL CIRCUMSTANCES AS HEREIN PROVIDED, EXCEPT THAT
THE CERTIFICATE OF SUBSTITUTION SHALL BE RECEIVED BY THE APPROPRIATE
BOARD OF ELECTIONS NOT LATER THAN TWO BUSINESS DAYS AFTER SUCH DECLINA-
TION IS RECEIVED BY THE BOARD.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15373-03-2
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