The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1720
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to primary  elections  and
   moving the date of the presidential primary
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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] SEVENTEEN weeks and not later than [twenty-three] SIXTEEN 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]
 SIXTEENTH  Tuesday  preceding  such 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 certif-
 icate 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 proclama-
 tion of such election, provided however, such certificate shall be filed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06132-01-3

 A. 1720                             2
 
 not later than eleven 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.
   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] SIXTEENTH Tuesday 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.
   §  2.  Paragraph (a) of subdivision 1 of section 8-100 of the election
 law, as amended by chapter 5 of the laws of 2019, is amended to read  as
 follows:
   (a) A primary election shall be held on the [fourth] SECOND Tuesday in
 [June]  AUGUST before every general election unless otherwise changed by
 an act of the legislature. Members of the state  and  county  committees
 and  assembly  district  leaders  and associate district leaders and all
 other party positions to be elected shall be elected at such primary and
 all nominations for public office required  to  be  made  at  a  primary
 election  in  such  year  shall be made at such primary. In each year in
 which electors of president and vice president of the United States  are
 to  be elected an additional primary election, to be known as the spring
 primary, shall be held on the [first] FOURTH Tuesday in [February] APRIL
 unless otherwise changed by an act of the legislature, for  the  purpose
 of electing delegates to the national convention.
   § 3. This act shall take effect immediately.