BILL NUMBER: S8730A

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the election law, in relation to the number of signa-
tures for independent nominating petitions

 
PURPOSE:

The purpose of the bill is to amend the election law to make important
corrections regarding new requirements for candidates' ballot access
that were included in the New York Budget in 2021- 21, and subsequently
in the New York State election law.

 
SUMMARY OF PROVISIONS:

  Section 1 amends subdivision 1 of section 6-142, as amended by chapter
90  of  the laws of 2021 to read: An independent nominating petition for
candidates to be voted for 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 gubernatorial election, whichever is less,  of
whom at least five hundred, or one percent of enrolled voters, whichever
is less, shall reside in each of one-half of the congressional districts
of the State.

  Section  2  amends  subdivision  1 of section of 6-142 of the election
law, as amended by section 9 of part zzz of chapter 58 of  the  laws  of
2020  to  read: 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 hundred, or one percent of enrolled voters, whichever is
less, shall reside in each of one-half of the congressional districts of
the State.

  Section 3 amends 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
to read: 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 candi-
date for president, or (one hundred thirty) fifty thousand votes, which-
ever is (greater) lesser, in a year when a president is elected.

  Section 4 amends subdivision 4 of section 6-138 of the  election  law,
as  amended  by chapter 88 of the laws of 1995 to read: 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 peti-
tion for a special election made earlier than the date of the  proclama-
tion  calling  the special election shall not be counted. (b) Signatures
for_                     an_independent_petitionfor_the_general_election
shall_be_collected_during_a_twelve_ week_period_beginning_3une_first_and
ending_August_thirty-first.

_No_signature_for_an_independent_petition_for                the_general
election_shall_be_counted_if made_prior_to_or_after_such period.

  Section  5  amends  subdivisions  9,11  and 12 of section 6-158 of the
election law, as amended by chapter 5 of the laws of 2019 to read: 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
  (twenty-four) six weeks and not later than (twenty-three)  five  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
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 declina-
tion  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. 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 general 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.

  Section 6 amends Paragraph (a)of subdivision 6 of section 6-158 of the
election  law, as amended by chapter 290 of the laws of 2019 to read:(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  June  primary
election) seven weeks preceding such general election.

  Section  7  amends  paragraph (a) of subdivision 6 of section 6-158 of
the election law, as amended by chapter 5 of the laws of 2019  to  read:
(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.

  Section 8 provides the effective date.

 
JUSTIFICATION:

Allowing electoral laws which explicitly deny citizens'  voices  in  the
electoral process - no matter how unpleasant those voices might sound to
major  parties  or  promoted  candidates  - can only damage the image of
American democracy around the world. Such actions  can  only  exacerbate
the  suspicion  of  corruption  in  our  electoral process, add to voter
apathy and discourage debate and citizen  participation.    Thus,  these
problems  in  the  voting law of 2020-21, which can be rectified by this
legislation, contradict the intention of the larger section of Part  ZZZ
of the ...
In  fact,  the  stated Intent" of the larger electoral change in Section
14- 200 ZZZ which called for the public financing stated that "reform of
New York state's campaign finance system" was being proposed because  of
the  "crucial" need "to improving public confidence in the state's demo-
cratic  processes and continuing to ensure a government that is account-
able to all of the voters of the state regardless  of  wealth  or  posi-
tion".

The  language  of  the  "intent"  continues to discuss the appearance of
corruption in the existing electoral process  due  to  the  pressure  of
campaign  fundraising  and  the large contributions allowed from special
interests, and the effect the legislation  suggests  such  circumstances
has on voter apathy. It states that incumbents' attention to the demands
of  campaign fundraising takes time from legislators' communication with
their less well-heeled constituents and concludes that the intent of the
new policies is designed to "enlarge  the  public  debate  and  increase
participation in the democratic process."

However,  in  contradiction  to  the stated intent, the bill then states
that minor parties or independent candidates must in fact be discouraged
from such participation in the democratic process. It  adds  the  demand
that ballot requirements be changed explicitly to make it more difficult
to  participate,  and thus that the public funds be focused on the needs
of the major parties and candidates alone.

Protecting major party candidates  from  hearing  the  voices  of  minor
parties  and independent candidates by denying their ability to join the
electoral process will encourage exactly the  problems  the  legislation
purported  to  solve.  Making $100 million of voters' funds available to
only established candidates will only encourage the image of  corruption
of the electoral system. It is inaccurate to suggest that smaller candi-
dates  will  take  the major candidates matching funds because there are
other qualifications to receive those funds, which would be  challenging
for a smaller party or minor candidate to achieve. Again, allowing elec-
toral  laws,  which  explicitly  deny  citizens' voices in the electoral
process - no matter how unpleasant those voices  might  sound  to  major
parties  or  promoted  candidates  can only damage the image of American
democracy around the world. Such actions can only exacerbate the  image,
of  corruption  in  our  electoral  process  and add to voter apathy and
discourage debate and citizen participation.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to State

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: a.  the
amendments to subdivision 1 of section 6-142 of the election law made by
section one of this act shall be subject to the expiration and reversion
of such subdivision when upon such date the provisions of section two of
this act shall take effect; and b. the amendments to  paragraph  (a)  of
subdivision  6 of section 6- 158 of the election law made by section six
of this act shall be subject to the expiration  and  reversion  of  such
subdivision  when upon such date the provisions of section seven of this
act shall take effect.