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Senate Bill S1851

Signed By Governor

2021-2022 Legislative Session

Relates to state party names; repealer

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Sponsored By

Archive: Last Bill Status - Signed by Governor

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co-Sponsors

2021-S1851 - Details

Law Section:
Election Law
Laws Affected:
Amd §2-124, rpld §2-124 sub 4, El L
Versions Introduced in 2019-2020 Legislative Session:
S1628

2021-S1851 - Summary

Prohibits a state party from using the word "Independent" or "Independence" in its name.

2021-S1851 - Sponsor Memo

2021-S1851 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1851
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced by Sens. SKOUFIS, BIAGGI, KRUEGER, LIU, MAYER, THOMAS -- 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  prohibition  of  state
   party  names; and to repeal subdivision 4 of section 2-124 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.  Subdivision  2  of  section 2-124 of the election law, as
 amended by chapter 9 of the laws of 1978, is amended to read as follows:
   2. The name of a party shall be in the English language and shall  not
 include  the  words  "American",  "United States", "National", "New York
 State", "INDEPENDENCE" OR  "INDEPENDENT",  OR  "Empire  State",  or  any
 abbreviation  OR PLURAL thereof, nor the name or part of the name, or an
 abbreviation of the name, of an existing party.  The emblem  chosen  may
 be a star, an animal, an anchor, or any other proper symbol, but may not
 be  the  same as or similar to any emblem, insignia, symbol or flag used
 by any political or governmental body, agency or entity  nor  any  reli-
 gious  emblem, insignia, symbol or flag, nor the portrait of any person,
 nor the representation of a coin  or  of  the  currency  of  the  United
 States.  The name and emblem chosen shall not be similar to or likely to
 create confusion with the name or emblem of any other existing party  or
 independent body.
   § 2. Subdivision 4 of section 2-124 of the election law is REPEALED.
   §  3.  This act shall take effect immediately and shall apply to poli-
 tical parties in existence on and after January 1, 2022.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05293-01-1

co-Sponsors

2021-S1851A (ACTIVE) - Details

Law Section:
Election Law
Laws Affected:
Amd §2-124, rpld §2-124 sub 4, El L
Versions Introduced in 2019-2020 Legislative Session:
S1628

2021-S1851A (ACTIVE) - Summary

Prohibits a state party from using the word "Independent" or "Independence" in its name.

2021-S1851A (ACTIVE) - Sponsor Memo

2021-S1851A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1851--A
     Cal. No. 1316
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, BIAGGI, BROUK, KRUEGER, LIU, MAY, MAYER,
   THOMAS -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Elections -- recommitted to the Commit-
   tee on Elections in accordance with Senate Rule 6, sec. 8 --  reported
   favorably  from  said  committee,  ordered to first report, amended on
   first report, ordered  to  a  second  report  and  ordered  reprinted,
   retaining its place in the order of second report
 
 AN  ACT  to  amend the election law, in relation to prohibition of state
   party names; and to repeal subdivision 4 of section 2-124 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. Subdivision 2 of section 2-124  of  the  election  law,  as
 amended by chapter 9 of the laws of 1978, is amended to read as follows:
   2.  The name of a party shall be in the English language and shall not
 include the words "American", "United  States",  "National",  "New  York
 State",  "INDEPENDENCE"  OR  "INDEPENDENT",  OR  "Empire  State", or any
 abbreviation OR PLURAL thereof, nor the name or part of the name, or  an
 abbreviation  of  the name, of an existing party.  The emblem chosen may
 be a star, an animal, an anchor, or any other proper symbol, but may not
 be the same as or similar to any emblem, insignia, symbol or  flag  used
 by  any  political  or governmental body, agency or entity nor any reli-
 gious emblem, insignia, symbol or flag, nor the portrait of any  person,
 nor  the  representation  of  a  coin  or  of the currency of the United
 States. The name and emblem chosen shall not be similar to or likely  to
 create  confusion with the name or emblem of any other existing party or
 independent body.
   § 2. Subdivision 4 of section 2-124 of the election law is REPEALED.
   § 3. Any political party name or emblem in use on the  effective  date
 of  this  act  which  violates  the  provisions  of section 2-124 of the
 election law as amended by this act shall be  required  to  change  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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