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.