NY State Senate Bill 2021-S6901B

Senate Bill S6901B

Signed By Governor

2021-2022 Legislative Session

Includes individuals who do not identify exclusively as a binary gender in eligibility for party positions

download bill text pdf

Archive: Last Bill Status Via A7933 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 26, 2022	signed chap.231
Jun 23, 2022	delivered to governor
Jun 01, 2022	returned to assembly passed senate 3rd reading cal.810 substituted for s6901b
Jun 01, 2022	substituted by a7933c
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.810
Jan 05, 2022	referred to elections
Dec 17, 2021	print number 6901b
Dec 17, 2021	amend and recommit to elections
Nov 10, 2021	print number 6901a
Nov 10, 2021	amend (t) and recommit to elections
May 20, 2021	referred to elections

Votes

- Jun 1, 2022 - Floor Vote
  A7933
  
  50
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (50)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (13)
      
      Akshar
      
      Borrello
      
      Felder
      
      Griffo
      
      Helming
      
      Jordan
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Stec
      
      Tedisco
  Apr 25, 2022 - Elections Committee Vote
  S6901B
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Apr 25, 2022
      
      aye (6)
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Rath III
      
      Ritchie
      
      excused (1)
      
      Brouk

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S6901 - Details

See Assembly Version of this Bill:: A7933
Law Section:: Election Law
Laws Affected:: Amd §§2-102, 2-104, 2-110, 2-122, 5-504, 7-116 & 3-102, El L

2021-S6901 - Summary

Includes individuals who do not identify exclusively as a binary gender in eligibility for party positions.

2021-S6901 - Sponsor Memo

                                 
BILL NUMBER: S6901

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to removing binary gender

 
PURPOSE:

To remove binary gender from sections of the election law in relation to
voter information and certain elected positions that require gendered
contests

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 4 of section 2-102 of the election law, as
amended by chapter 373 of the laws of 1978, to provide that designating
petitions and primaries ballots for state committee positions to list
candidates for party positions separately by gender marker, and to allow
for individuals who do not identify as a binary gender to run for state
committee positions that require representation by gender.

Section 2 amends Subdivision 2 of section 2-104 of the election law, as
amended by chapter 234 of the laws of 1976 to provide that designating
petitions and primaries ballots for state committee or convention posi-
tions to list candidates for party positions separately by gender mark-
er, and to allow for individuals who do not identify as a binary gender
to run for state committee or convention positions that require repre-
sentation by individuals of different gender.

Section 3 amends Subdivision 2 of section 2-110 of the election law, as
amended by chapter 373 of the laws of 1978 to allow for assembly
district leader and associate assembly district leader to be of differ-
ent genders, and requires the county committee to establish that allow
for individuals who do not exclusively identify as a binary gender to
serve as district leader.

Section 4 amends Section 2-122 of the election law, as amended by chap-
ter 177 of the laws of 1978 to provide that designating petitions and
primaries ballots for national party delegate and alternate positions to
list candidates for party positions separately by gender marker, and to
allow for individuals who do not exclusively identify as a binary gender
to run for national convention delegate and alternate positions that
require representation by gender.

Section 5 amends Paragraph c of subdivision 3 of section 5-504 of the
election law, as amended by chapter 659 of the laws of 1994 to have
voter information in the state public record list gender rather than
sex.

Section 6 amends Subdivision 7 of section 7-116 of the election law, as
added by chapter 173 of the laws of 2017 to require that where primary
elections in New York City must list candidates separately by gender,
and require such order be decided by lot, separate lotteries shall be
performed for each gender-separated race.

Section 7 gives authority to the state board of elections to promulgate
rules and regulations to provide the ability for individuals who do not

exclusively identify as a binary gender to run for positions elected in
gendered contests.

Section 8 sets forth the effective date.

 
JUSTIFICATION:

Currently, positions that are required to be elected in gender contests
require equal representation by male and female. The way the election
law is currently written, individuals who do not exclusively identify as
a binary gender are not able to run without identifying as a binary
gender. This bill amends several sections of the election law in
relation to gendered contests to better allow for individuals who do not
exclusively identify as a binary gender to be elected to positions
requiring representation and election by gender, and to allow voters to
identify by gender rather than sex on their voter records.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6901 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6901
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, RAMOS -- 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 removing binary gender
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  4  of  section 2-102 of the election law, as
 amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
 follows:
   4.  [The  state committee may provide by rule for equal representation
 of the sexes on said committee.] When  any  [such]  rule  OF  THE  STATE
 COMMITTEE  provides for [equal] representation [of the sexes] BY GENDER,
 the designating petitions and primary ballots shall list candidates  for
 such  party  positions separately by [sexes] GENDER MARKER. IN PROVIDING
 FOR SUCH REPRESENTATION, THE STATE COMMITTEE SHALL ESTABLISH RULES  THAT
 PROVIDE  FOR  THE ABILITY OF INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY
 AS A BINARY GENDER TO RUN FOR THOSE POSITIONS AND WHICH RESPECT INDIVID-
 UALS' GENDER IDENTITY.
   § 2. Subdivision 2 of section 2-104 of the election law, as amended by
 chapter 234 of the laws of 1976, is amended to read as follows:
   2. If[, pursuant to section one of article thirteen of  the  constitu-
 tion,]  such  committee or a state convention of the party shall provide
 by rule for [equal] representation [of the  sexes]  BY  GENDER  on  such
 committee,  the  rules of such committee relative to additional members,
 either from election districts or at  large,  shall  be  formulated  and
 applied  in  such  manner that the whole membership shall [consist of an
 even number, equally] BE divided [between the sexes]  AMONG  GENDERS  AS
 PROVIDED BY THE RULES OF SUCH COMMITTEE. When any such rule provides for
 [equal]  SUCH  representation  [of the sexes], the designating petitions
 and primary ballots shall list candidates for such party positions sepa-
 rately by [sexes] GENDER MARKER. IN PROVIDING FOR  SUCH  REPRESENTATION,
 SUCH  COMMITTEE  SHALL  ESTABLISH  RULES THAT PROVIDE FOR THE ABILITY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11362-01-1

 S. 6901                             2

 INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO  SERVE
 AS MEMBERS AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
   § 3. Subdivision 2 of section 2-110 of the election law, as amended by
 chapter 373 of the laws of 1978, is amended to read as follows:
   2.  In  the  city  of  New  York there shall be the party positions of
 assembly district leaders or, if the rules of the county committee shall
 so provide, one assembly district  leader  and  one  associate  assembly
 district  leader. Outside the city of New York there shall be such posi-
 tions when the rules of the county  committee  shall  so  provide.  Such
 leaders shall be elected at primary elections as herein provided, within
 every  county  in such city for each assembly district, or for each part
 of an assembly district within such county as may be designated for  the
 purpose in the rules of the county committee, and in every county of the
 state outside of such city where the rules so provide, for such assembly
 district or part thereof within such county as may be designated in such
 rules  for  the purpose. Such assembly district leaders or such assembly
 district leader and associate  assembly  district  leader  shall  be  of
 [opposite sexes] DIFFERENT GENDERS, if the rules of the county committee
 shall  so  provide,  and  shall be enrolled voters of the party residing
 within the assembly district and, if the rules of the  county  committee
 shall  so  provide,  within  the part of the assembly district for which
 they are to be elected,  and  shall  be  elected  at  the  same  primary
 election  and for the same term as members of the county committee. When
 any such rule provides for [equal] representation [of sexes] BY  GENDER,
 the  designating petitions and primary ballots shall list candidates for
 such party positions separately by [sexes] GENDER MARKER.  IN  PROVIDING
 FOR SUCH REPRESENTATION, THE COUNTY COMMITTEE SHALL ESTABLISH RULES THAT
 PROVIDE  FOR  THE ABILITY OF INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY
 AS A BINARY GENDER TO SERVE AS DISTRICT LEADER AND WHICH  RESPECT  INDI-
 VIDUALS'  GENDER  IDENTITY.  Each  shall perform such duties, powers and
 functions as the rules of the county committee may prescribe.  Vacancies
 in such positions shall be filled by the members of the county committee
 within the assembly district or part thereof, as the case may be,  until
 the  first  primary  election  following the creation of such vacancy or
 vacancies for which the period  for  circulating  designating  petitions
 ends  at  least  seven days after the creation of such vacancy or vacan-
 cies, at which time  the  successor  or  successors  shall  be  directly
 elected  as  herein  provided.  Assembly  district leaders and associate
 assembly district leaders shall automatically be members and shall  have
 the right to participate and vote in meetings of the county committee or
 any  subcommittee thereof. The county committee may provide by its rules
 that the members of the state committee, elected in accordance with  the
 provisions  of  this chapter, shall possess the duties, powers and func-
 tions of an assembly district leader or an associate  assembly  district
 leader.  In such event the provisions of this section shall not apply to
 the members of the state committee but upon [his] THEIR  election  as  a
 member  of the state committee, such person shall be deemed to have also
 been elected as an assembly district leader  or  an  associate  assembly
 district leader.
   §  4.  Section 2-122 of the election law, as amended by chapter 177 of
 the laws of 1978, is amended to read as follows:
   § 2-122. National party conventions; delegates, election.    Delegates
 and alternates to a national convention of a party shall be elected from
 congressional  districts,  or  partly from the state at large and partly
 from congressional districts, as the rules of the  state  committee  may
 provide.  Such delegates and alternates from the state at large shall be

 S. 6901                             3

 elected by the state committee or by a state convention of the party, as
 the rules of the state committee shall prescribe.  If  the  rules  of  a
 national  party  provide  for  [equal]  representation [of the sexes] BY
 GENDER  among  delegates elected from districts, such district delegates
 shall be elected separately by [sex] GENDER.    District  delegates  and
 alternates  to national party conventions and delegates, and alternates,
 if any, to such a state convention shall be elected at  a  primary.  All
 delegates  and  alternates  to  a  national  party  convention  shall be
 enrolled members of such party. When any such rule provides for  [equal]
 representation  [of  the sexes] BY GENDER, the designating petitions and
 primary ballots shall list candidates for such party positions separate-
 ly by [sex] GENDER MARKER. IN PROVIDING  FOR  SUCH  REPRESENTATION,  THE
 PARTY  SHALL ESTABLISH RULES THAT PROVIDE FOR THE ABILITY OF INDIVIDUALS
 WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO SERVE AS DELEGATES
 AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
   § 5. Paragraph c of subdivision 3 of section  5-504  of  the  election
 law,  as  amended by chapter 659 of the laws of 1994, is amended to read
 as follows:
   c. The board of elections maintains, as a public record, at the appro-
 priate office of the board, a complete and current alphabetized list  of
 all  registered  voters,  including  voters  in  inactive  status, which
 contains next to each voter's name at least the  following  information:
 address,  town  or  city,  assembly district where appropriate, election
 district, registration serial number, party enrollment, date  of  regis-
 tration,  [sex]  GENDER,  date of birth and, if the voter is in inactive
 status, an indication of that fact.
   § 6. Subdivision 7 of section 7-116 of the election law, as  added  by
 chapter 173 of the laws of 2017, is amended to read as follows:
   7.  Whenever  a county board of elections or the board of elections in
 the city of New York must conduct a primary election in  the  respective
 county or the city of New York in which separate contests for [both male
 and  female] candidates OF DIFFERENT GENDERS for the same party position
 are to be printed upon the ballots, AND WHEN RULES REQUIRE  THESE  POSI-
 TIONS BE LISTED SEPARATELY ON THE BALLOT, the respective county board of
 elections or the board of elections in the city of New York shall deter-
 mine  by lot [whether to first print the contest for the male candidates
 or the contest for the female candidates.  After such determination, the
 same order shall be used  for  all  ballots  printed  by  the  board  of
 elections for the entire county or city of New York and for all contests
 where  there  are  elections separated by male and female candidates for
 the same party position.] THE ORDER OF THE  VARIOUS  GENDERED  CONTESTS.
 THIS  LOTTERY  WILL  BE  CONDUCTED  SEPARATELY FOR EACH ELECTION THAT IS
 SEPARATED BY THE GENDER.
   § 7. Section 3-102 of the election law is  amended  by  adding  a  new
 subdivision 18 to read as follows:
   18.  PROMULGATE  RULES  AND  REGULATIONS TO PROVIDE FOR THE ABILITY OF
 INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY  GENDER  TO  RUN
 FOR  POSITIONS  ELECTED  IN GENDERED CONTESTS WHICH RESPECT THE INDIVID-
 UALS' GENDER IDENTITY.
   § 8. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S6901A - Details

See Assembly Version of this Bill:: A7933
Law Section:: Election Law
Laws Affected:: Amd §§2-102, 2-104, 2-110, 2-122, 5-504, 7-116 & 3-102, El L

2021-S6901A - Summary

Includes individuals who do not identify exclusively as a binary gender in eligibility for party positions.

2021-S6901A - Sponsor Memo

                                 
BILL NUMBER: S6901A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to including individuals
who do not identify exclusively as a binary gender in eligibility for
party positions

 
PURPOSE:

To remove binary gender from sections of the election law in relation to
voter information and certain elected positions that require gendered
contests

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 4 of section 2-102 of the election law, as
amended by chapter 373 of the laws of 1978, to provide that designating
petitions and primaries ballots for state committee positions to list
candidates for party positions separately by gender marker, and to allow
for individuals who do not identify as a binary gender to run for state

committee positions that require representation by gender.

Section 2 amends Subdivision 2 of section 2-104 of the election law, as
amended by chapter 234 of the laws of 1976 to provide that designating
petitions and primaries ballots for state committee or convention posi-
tions to list candidates for party positions separately by gender mark-
er, and to allow for individuals who do not identify as a binary gender
to run for state committee or convention positions that require repre-
sentation by individuals of different gender.

Section 3 amends Subdivision 2 of section 2-110 of the election law, as
amended by chapter 373 of the laws of 1978 to allow for assembly
district leader and associate assembly district leader to be of differ-
ent genders, and requires the county committee to establish that allow
for individuals who do not exclusively identify as a binary gender to
serve as district leader.

Section 4 amends Section 2-122 of the election law, as amended by chap-
ter 177 of the laws of 1978 to provide that designating petitions and
primaries ballots for national party delegate and alternate positions to
list candidates for party positions separately by gender marker, and to
allow for individuals who do not exclusively identify as a binary gender
to run for national convention delegate and alternate positions that
require representation by gender.

Section 5 amends Paragraph c of subdivision 3 of section 5-504 of the
election law, as amended by chapter 659 of the laws of 1994 to have
voter information in the state public record list gender rather than
sex.

Section 6 amends Subdivision 7 of section 7-116 of the election law, as
added by chapter 173 of the laws of 2017 to require that where primary
elections in New York City must list candidates separately by gender,
and require such order be decided by lot, separate lotteries shall be
performed for each gender-separated race.


Section 7 gives authority to the state board of elections to promulgate
rules and regulations to provide the ability for individuals who do not
exclusively identify as a binary gender to run for positions elected in
gendered contests.

Section 8 sets forth the effective date.

 
JUSTIFICATION:

Currently, positions that are required to be elected in gender contests
require equal representation by male and female. The way the election
law is currently written, individuals who do not exclusively identify as
a binary gender are.not able to run without identifying as a binary
gender. This bill amends several sections of the election law in
relation to gendered contests to better allow for individuals who do not
exclusively identify as a binary gender to be elected to positions
requiring representation and election by gender, and to allow voters to
identify by gender rather than sex on their voter records.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6901A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6901--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  RAMOS,  GIANARIS,  HOYLMAN, JACKSON, MAY,
   RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
   be committed to the Committee on Elections  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the election law, in relation to  including  individuals
   who  do not identify exclusively as a binary gender in eligibility for
   party positions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section 2-102 of the election law, as
 amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
 follows:
   4.  [The  state committee may provide by rule for equal representation
 of the sexes on said committee.] When  any  [such]  rule  OF  THE  STATE
 COMMITTEE  provides for [equal] representation [of the sexes] BY GENDER,
 the designating petitions and primary ballots shall list candidates  for
 such  party  positions separately by [sexes] GENDER MARKER. IN PROVIDING
 FOR SUCH REPRESENTATION, THE STATE COMMITTEE SHALL ESTABLISH RULES  THAT
 PROVIDE  FOR  THE ABILITY OF INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY
 AS A BINARY GENDER TO RUN FOR THOSE POSITIONS AND WHICH RESPECT INDIVID-
 UALS' GENDER IDENTITY.
   § 2. Subdivision 2 of section 2-104 of the election law, as amended by
 chapter 234 of the laws of 1976, is amended to read as follows:
   2. If[, pursuant to section one of article thirteen of  the  constitu-
 tion,]  such  committee or a state convention of the party shall provide
 by rule for [equal] representation [of the  sexes]  BY  GENDER  on  such
 committee,  the  rules of such committee relative to additional members,
 either from election districts or at  large,  shall  be  formulated  and
 applied  in  such  manner that the whole membership shall [consist of an
 even number, equally] BE divided [between the sexes]  AMONG  GENDERS  AS
 PROVIDED BY THE RULES OF SUCH COMMITTEE. When any such rule provides for
 [equal]  SUCH  representation  [of the sexes], the designating petitions
 and primary ballots shall list candidates for such party positions sepa-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11362-03-1
 S. 6901--A                          2

 rately by [sexes] GENDER MARKER. IN PROVIDING FOR  SUCH  REPRESENTATION,
 SUCH  COMMITTEE  SHALL  ESTABLISH  RULES THAT PROVIDE FOR THE ABILITY OF
 INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO  SERVE
 AS MEMBERS AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
   § 3. Subdivision 2 of section 2-110 of the election law, as amended by
 chapter 373 of the laws of 1978, is amended to read as follows:
   2.  In  the  city  of  New  York there shall be the party positions of
 assembly district leaders or, if the rules of the county committee shall
 so provide, one assembly district  leader  and  one  associate  assembly
 district  leader. Outside the city of New York there shall be such posi-
 tions when the rules of the county  committee  shall  so  provide.  Such
 leaders shall be elected at primary elections as herein provided, within
 every  county  in such city for each assembly district, or for each part
 of an assembly district within such county as may be designated for  the
 purpose in the rules of the county committee, and in every county of the
 state outside of such city where the rules so provide, for such assembly
 district or part thereof within such county as may be designated in such
 rules  for  the purpose. Such assembly district leaders or such assembly
 district leader and associate  assembly  district  leader  shall  be  of
 [opposite sexes] DIFFERENT GENDERS, if the rules of the county committee
 shall  so  provide,  and  shall be enrolled voters of the party residing
 within the assembly district and, if the rules of the  county  committee
 shall  so  provide,  within  the part of the assembly district for which
 they are to be elected,  and  shall  be  elected  at  the  same  primary
 election  and for the same term as members of the county committee. When
 any such rule provides for [equal] representation [of sexes] BY  GENDER,
 the  designating petitions and primary ballots shall list candidates for
 such party positions separately by [sexes] GENDER MARKER.  IN  PROVIDING
 FOR SUCH REPRESENTATION, THE COUNTY COMMITTEE SHALL ESTABLISH RULES THAT
 PROVIDE  FOR  THE ABILITY OF INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY
 AS A BINARY GENDER TO SERVE AS DISTRICT LEADER AND WHICH  RESPECT  INDI-
 VIDUALS'  GENDER  IDENTITY.  Each  shall perform such duties, powers and
 functions as the rules of the county committee may prescribe.  Vacancies
 in such positions shall be filled by the members of the county committee
 within the assembly district or part thereof, as the case may be,  until
 the  first  primary  election  following the creation of such vacancy or
 vacancies for which the period  for  circulating  designating  petitions
 ends  at  least  seven days after the creation of such vacancy or vacan-
 cies, at which time  the  successor  or  successors  shall  be  directly
 elected  as  herein  provided.  Assembly  district leaders and associate
 assembly district leaders shall automatically be members and shall  have
 the right to participate and vote in meetings of the county committee or
 any  subcommittee thereof. The county committee may provide by its rules
 that the members of the state committee, elected in accordance with  the
 provisions  of  this chapter, shall possess the duties, powers and func-
 tions of an assembly district leader or an associate  assembly  district
 leader.  In such event the provisions of this section shall not apply to
 the members of the state committee but upon [his] THEIR  election  as  a
 member  of the state committee, such person shall be deemed to have also
 been elected as an assembly district leader  or  an  associate  assembly
 district leader.
   §  4.  Section 2-122 of the election law, as amended by chapter 177 of
 the laws of 1978, is amended to read as follows:
   § 2-122. National party conventions; delegates, election.    Delegates
 and alternates to a national convention of a party shall be elected from
 congressional  districts,  or  partly from the state at large and partly
 S. 6901--A                          3

 from congressional districts, as the rules of the  state  committee  may
 provide.  Such delegates and alternates from the state at large shall be
 elected by the state committee or by a state convention of the party, as
 the  rules  of  the  state  committee shall prescribe. If the rules of a
 national party provide for [equal]  representation  [of  the  sexes]  BY
 GENDER  among  delegates elected from districts, such district delegates
 shall be elected separately by [sex] GENDER.    District  delegates  and
 alternates  to national party conventions and delegates, and alternates,
 if any, to such a state convention shall be elected at  a  primary.  All
 delegates  and  alternates  to  a  national  party  convention  shall be
 enrolled members of such party. When any such rule provides for  [equal]
 representation  [of  the sexes] BY GENDER, the designating petitions and
 primary ballots shall list candidates for such party positions separate-
 ly by [sex] GENDER MARKER. IN PROVIDING  FOR  SUCH  REPRESENTATION,  THE
 PARTY  SHALL ESTABLISH RULES THAT PROVIDE FOR THE ABILITY OF INDIVIDUALS
 WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO SERVE AS DELEGATES
 AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
   § 5. Paragraph c of subdivision 3 of section  5-504  of  the  election
 law,  as  amended by chapter 659 of the laws of 1994, is amended to read
 as follows:
   c. The board of elections maintains, as a public record, at the appro-
 priate office of the board, a complete and current alphabetized list  of
 all  registered  voters,  including  voters  in  inactive  status, which
 contains next to each voter's name at least the  following  information:
 address,  town  or  city,  assembly district where appropriate, election
 district, registration serial number, party enrollment, date  of  regis-
 tration,  [sex]  GENDER,  date of birth and, if the voter is in inactive
 status, an indication of that fact.
   § 6. Subdivision 7 of section 7-116 of the election law, as  added  by
 chapter 173 of the laws of 2017, is amended to read as follows:
   7.  Whenever  a county board of elections or the board of elections in
 the city of New York must conduct a primary election in  the  respective
 county or the city of New York in which separate contests for [both male
 and  female] candidates OF DIFFERENT GENDERS for the same party position
 are to be printed upon the ballots, AND WHEN RULES REQUIRE  THESE  POSI-
 TIONS BE LISTED SEPARATELY ON THE BALLOT, the respective county board of
 elections or the board of elections in the city of New York shall deter-
 mine  by lot [whether to first print the contest for the male candidates
 or the contest for the female candidates.  After such determination, the
 same order shall be used  for  all  ballots  printed  by  the  board  of
 elections for the entire county or city of New York and for all contests
 where  there  are  elections separated by male and female candidates for
 the same party position.] THE ORDER OF THE  VARIOUS  GENDERED  CONTESTS.
 THIS  LOTTERY  WILL  BE  CONDUCTED  SEPARATELY FOR EACH ELECTION THAT IS
 SEPARATED BY GENDER.
   § 7. Section 3-102 of the election law is  amended  by  adding  a  new
 subdivision 18 to read as follows:
   18.  PROMULGATE  RULES  AND  REGULATIONS TO PROVIDE FOR THE ABILITY OF
 INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY  GENDER  TO  RUN
 FOR  POSITIONS  ELECTED  IN GENDERED CONTESTS WHICH RESPECT THE INDIVID-
 UALS' GENDER IDENTITY.  IN NO CASE SHALL THE BOARD OF ELECTIONS  PROMUL-
 GATE RULES THAT ARE INCONSISTENT WITH A SYSTEM THAT REQUIRES INDIVIDUALS
 FILING  FOR CANDIDACY TO SELF-INDENTIFY THEIR GENDER MARKER AS "M", "F",
 OR "X", REQUIRES ALL CANDIDATES TO RUN  A  SINGLE  RACE,  AND  MAINTAINS
 REQUIREMENTS FOR GENDER DIVERSITY.
   § 8. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S6901B (ACTIVE) - Details

See Assembly Version of this Bill:: A7933
Law Section:: Election Law
Laws Affected:: Amd §§2-102, 2-104, 2-110, 2-122, 5-504, 7-116 & 3-102, El L

2021-S6901B (ACTIVE) - Summary

Includes individuals who do not identify exclusively as a binary gender in eligibility for party positions.

2021-S6901B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6901B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to including individuals
who do not identify exclusively as a binary gender in eligibility for
party positions

 
PURPOSE:

To remove binary gender from sections of, the election law in relation
to voter information and certain elected positions that require gendered
contests

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 4 of section 2-102 of the election law, as
amended by chapter 373 of the laws of 1978, to provide that designating
petitions and primaries ballots for state committee positions to list
candidates for party positions separately by gender marker, and to allow
for individuals who do not identify as a binary gender to run for state

committee positions that require representation by gender.

Section 2 amends Subdivision 2 of section 2-104 of the election law, as
amended by chapter 234 of the laws of 1976 to provide that designating
petitions and primaries ballots for state committee or convention posi-
tions to list candidates for party positions separately by gender mark-
er, and to allow for individuals who do not identify as a binary gender
to run for state committee or convention positions that require repre-
sentation by individuals of different gender.

Section 3 amends Subdivision 2 of section 2-110 of the election law, as
amended by chapter 373 of the laws of 1978 to allow for assembly
district leader and associate assembly district leader to be of differ-
ent genders, and requires the county committee to establish that allow
for individuals who do not exclusively identify as a binary gender to
serve as district leader.

Section 4 amends Section 2-122 of the election law, as amended by chap-
ter 177 of the laws of 1978 to provide that designating petitions and
primaries ballots for national party delegate and alternate positions to
list candidates for party positions separately by gender marker, and to
allow for individuals who do not exclusively identify as a binary gender
to run for national convention delegate and alternate positions that
require representation by gender.

Section 5 amends Paragraph c of subdivision 3 of section 5-504 of the
election law, as amended by chapter 659 of the laws of 1994 to have
voter information in the state public record list gender rather than
sex.

Section 6 amends Subdivision 7 of section 7-116 of the election law, as
added by chapter 173 of the laws of 2017 to require that where primary
elections in New York City must list candidates separately by gender,
and require such order be decided by lot, separate lotteries shall be
performed for each gender-separated race.


Section 7 gives authority to the state board of elections to promulgate
rules and regulations to provide the ability for individuals who do not
exclusively identify as a binary gender to run for positions elected in
gendered contests.

Section 8 sets forth the effective date.

 
JUSTIFICATION:

Currently, positions that are required to be elected in gender contests
require equal representation by male and female. The way the election
law is currently written, individuals who do not exclusively identify as
a binary gender are.not able to run without identifying as a binary
gender. This bill amends several sections of the election law in
relation to gendered contests to better allow for individuals who do not
exclusively identify as a binary gender to be elected to positions
requiring representation and election by gender, and to allow voters to
identify by gender rather than sex on their voter records.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6901B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6901--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  RAMOS,  GIANARIS,  HOYLMAN, JACKSON, MAY,
   RIVERA, SALAZAR -- read twice and ordered printed, and when printed to
   be committed to the Committee on Elections  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the election law, in relation to including individuals
   who do not identify exclusively as a binary gender in eligibility  for
   party positions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 2-102  of  the  election  law,  as
 amended  by  chapter  373  of  the  laws  of 1978, is amended to read as
 follows:
   4. [The state committee may provide by rule for  equal  representation
 of  the  sexes  on  said  committee.]  When any [such] rule OF THE STATE
 COMMITTEE provides for [equal] representation [of the sexes] BY  GENDER,
 the  designating petitions and primary ballots shall list candidates for
 such party positions separately by [sexes] GENDER MARKER.  IN  PROVIDING
 FOR  SUCH REPRESENTATION, THE STATE COMMITTEE SHALL ESTABLISH RULES THAT
 PROVIDE FOR THE ABILITY OF INDIVIDUALS WHO DO NOT  EXCLUSIVELY  IDENTIFY
 AS A BINARY GENDER TO RUN FOR THOSE POSITIONS AND WHICH RESPECT INDIVID-
 UALS' GENDER IDENTITY.
   § 2. Subdivision 2 of section 2-104 of the election law, as amended by
 chapter 234 of the laws of 1976, is amended to read as follows:
   2.  If[,  pursuant to section one of article thirteen of the constitu-
 tion,] such committee or a state convention of the party  shall  provide
 by  rule  for  [equal]  representation  [of the sexes] BY GENDER on such
 committee, the rules of such committee relative to  additional  members,
 either  from  election  districts  or  at large, shall be formulated and
 applied in such manner that the whole membership shall  [consist  of  an

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11362-04-1

 S. 6901--B                          2

 even  number,  equally]  BE divided [between the sexes] AMONG GENDERS AS
 PROVIDED BY THE RULES OF SUCH COMMITTEE. When any such rule provides for
 [equal] SUCH representation [of the sexes],  the  designating  petitions
 and primary ballots shall list candidates for such party positions sepa-
 rately  by  [sexes] GENDER MARKER. IN PROVIDING FOR SUCH REPRESENTATION,
 SUCH COMMITTEE SHALL ESTABLISH RULES THAT PROVIDE  FOR  THE  ABILITY  OF
 INDIVIDUALS  WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO SERVE
 AS MEMBERS AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
   § 3. Subdivision 2 of section 2-110 of the election law, as amended by
 chapter 373 of the laws of 1978, is amended to read as follows:
   2. In the city of New York there  shall  be  the  party  positions  of
 assembly district leaders or, if the rules of the county committee shall
 so  provide,  one  assembly  district  leader and one associate assembly
 district leader. Outside the city of New York there shall be such  posi-
 tions  when  the  rules  of  the county committee shall so provide. Such
 leaders shall be elected at primary elections as herein provided, within
 every county in such city for each assembly district, or for  each  part
 of  an assembly district within such county as may be designated for the
 purpose in the rules of the county committee, and in every county of the
 state outside of such city where the rules so provide, for such assembly
 district or part thereof within such county as may be designated in such
 rules for the purpose. Such assembly district leaders or  such  assembly
 district  leader  and  associate  assembly  district  leader shall be of
 [opposite sexes] DIFFERENT GENDERS, if the rules of the county committee
 shall so provide, and shall be enrolled voters  of  the  party  residing
 within  the  assembly district and, if the rules of the county committee
 shall so provide, within the part of the  assembly  district  for  which
 they  are  to  be  elected,  and  shall  be  elected at the same primary
 election and for the same term as members of the county committee.  When
 any  such rule provides for [equal] representation [of sexes] BY GENDER,
 the designating petitions and primary ballots shall list candidates  for
 such  party  positions separately by [sexes] GENDER MARKER. IN PROVIDING
 FOR SUCH REPRESENTATION, THE COUNTY COMMITTEE SHALL ESTABLISH RULES THAT
 PROVIDE FOR THE ABILITY OF INDIVIDUALS WHO DO NOT  EXCLUSIVELY  IDENTIFY
 AS  A  BINARY GENDER TO SERVE AS DISTRICT LEADER AND WHICH RESPECT INDI-
 VIDUALS' GENDER IDENTITY. Each shall perform  such  duties,  powers  and
 functions as the rules of the county committee may prescribe.  Vacancies
 in such positions shall be filled by the members of the county committee
 within  the assembly district or part thereof, as the case may be, until
 the first primary election following the creation  of  such  vacancy  or
 vacancies  for  which  the  period for circulating designating petitions
 ends at least seven days after the creation of such  vacancy  or  vacan-
 cies,  at  which  time  the  successor  or  successors shall be directly
 elected as herein provided.  Assembly  district  leaders  and  associate
 assembly  district leaders shall automatically be members and shall have
 the right to participate and vote in meetings of the county committee or
 any subcommittee thereof. The county committee may provide by its  rules
 that  the members of the state committee, elected in accordance with the
 provisions of this chapter, shall possess the duties, powers  and  func-
 tions  of  an assembly district leader or an associate assembly district
 leader. In such event the provisions of this section shall not apply  to
 the  members  of  the state committee but upon [his] THEIR election as a
 member of the state committee, such person shall be deemed to have  also
 been  elected  as  an  assembly district leader or an associate assembly
 district leader.
 S. 6901--B                          3
 
   § 4. Section 2-122 of the election law, as amended by chapter  177  of
 the laws of 1978, is amended to read as follows:
   §  2-122.  National party conventions; delegates, election.  Delegates
 and alternates to a national convention of a party shall be elected from
 congressional districts, or partly from the state at  large  and  partly
 from  congressional  districts,  as the rules of the state committee may
 provide. Such delegates and alternates from the state at large shall  be
 elected by the state committee or by a state convention of the party, as
 the  rules  of  the  state  committee shall prescribe. If the rules of a
 national party provide for [equal]  representation  [of  the  sexes]  BY
 GENDER  among  delegates elected from districts, such district delegates
 shall be elected separately by [sex] GENDER.    District  delegates  and
 alternates  to national party conventions and delegates, and alternates,
 if any, to such a state convention shall be elected at  a  primary.  All
 delegates  and  alternates  to  a  national  party  convention  shall be
 enrolled members of such party. When any such rule provides for  [equal]
 representation  [of  the sexes] BY GENDER, the designating petitions and
 primary ballots shall list candidates for such party positions separate-
 ly by [sex] GENDER MARKER. IN PROVIDING  FOR  SUCH  REPRESENTATION,  THE
 PARTY  SHALL ESTABLISH RULES THAT PROVIDE FOR THE ABILITY OF INDIVIDUALS
 WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY GENDER TO SERVE AS DELEGATES
 AND WHICH RESPECT INDIVIDUALS' GENDER IDENTITY.
   § 5. Paragraph c of subdivision 3 of section  5-504  of  the  election
 law,  as  amended by chapter 659 of the laws of 1994, is amended to read
 as follows:
   c. The board of elections maintains, as a public record, at the appro-
 priate office of the board, a complete and current alphabetized list  of
 all  registered  voters,  including  voters  in  inactive  status, which
 contains next to each voter's name at least the  following  information:
 address,  town  or  city,  assembly district where appropriate, election
 district, registration serial number, party enrollment, date  of  regis-
 tration,  [sex]  GENDER,  date of birth and, if the voter is in inactive
 status, an indication of that fact.
   § 6. Subdivision 7 of section 7-116 of the election law, as  added  by
 chapter 173 of the laws of 2017, is amended to read as follows:
   7.  Whenever  a county board of elections or the board of elections in
 the city of New York must conduct a primary election in  the  respective
 county or the city of New York in which separate contests for [both male
 and  female] candidates OF DIFFERENT GENDERS for the same party position
 are to be printed upon the ballots, AND WHEN RULES REQUIRE  THESE  POSI-
 TIONS BE LISTED SEPARATELY ON THE BALLOT, the respective county board of
 elections or the board of elections in the city of New York shall deter-
 mine  by lot [whether to first print the contest for the male candidates
 or the contest for the female candidates.  After such determination, the
 same order shall be used  for  all  ballots  printed  by  the  board  of
 elections for the entire county or city of New York and for all contests
 where  there  are  elections separated by male and female candidates for
 the same party position.] THE ORDER OF THE  VARIOUS  GENDERED  CONTESTS.
 THIS  LOTTERY  WILL  BE  CONDUCTED  SEPARATELY FOR EACH ELECTION THAT IS
 SEPARATED BY GENDER.
   § 7. Section 3-102 of the election law is  amended  by  adding  a  new
 subdivision 18 to read as follows:
   18.  PROMULGATE  RULES  AND  REGULATIONS TO PROVIDE FOR THE ABILITY OF
 INDIVIDUALS WHO DO NOT EXCLUSIVELY IDENTIFY AS A BINARY  GENDER  TO  RUN
 FOR  POSITIONS  ELECTED  IN GENDERED CONTESTS WHICH RESPECT THE INDIVID-
 UALS' GENDER IDENTITY.  IN NO CASE SHALL THE BOARD OF ELECTIONS  PROMUL-
 S. 6901--B                          4
 
 GATE RULES THAT ARE INCONSISTENT WITH A SYSTEM THAT REQUIRES INDIVIDUALS
 FILING  FOR  CANDIDACY TO SELF-IDENTIFY THEIR GENDER MARKER AS "M", "F",
 OR "X", REQUIRES ALL CANDIDATES TO RUN IN A SINGLE RACE,  AND  MAINTAINS
 REQUIREMENTS FOR GENDER DIVERSITY.
   § 8. This act shall take effect immediately.

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Senate Bill S6901B

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Archive: Last Bill Status Via A7933 - Signed by Governor

Bill Amendments

co-Sponsors

2021-S6901 - Details

2021-S6901 - Summary

2021-S6901 - Sponsor Memo

2021-S6901 - Bill Text download pdf

co-Sponsors

2021-S6901A - Details

2021-S6901A - Summary

2021-S6901A - Sponsor Memo

2021-S6901A - Bill Text download pdf

co-Sponsors

2021-S6901B (ACTIVE) - Details

2021-S6901B (ACTIVE) - Summary

2021-S6901B (ACTIVE) - Sponsor Memo

2021-S6901B (ACTIVE) - Bill Text download pdf

Comments