Assembly Bill A2736B

2023-2024 Legislative Session

Provides for the declination of a designation as a candidate or nomination for a party position under special circumstance

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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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Bill Amendments

co-Sponsors

2023-A2736 - Details

See Senate Version of this Bill:
S8862
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §6-146, El L
Versions Introduced in 2021-2022 Legislative Session:
A9947

2023-A2736 - Summary

Provides for the declination of a designation as a candidate or nomination for a party position if the person designated or nominated has received a diagnosis of a serious health condition or has resigned the office for which they are nominated or designated to run for re-election.

2023-A2736 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2736
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, LAVINE, L. ROSENTHAL, DICKENS, SEAWRIGHT,
   COLTON, GALLAGHER, BURDICK, KELLES, SAYEGH, WOERNER, SEPTIMO, SIMON --
   read once and referred to the Committee on Election Law
 
 AN  ACT  to  amend  the  election  law, in relation to providing for the
   declination of a designation as a candidate or nomination for a  party
   position under special circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new  section  6-159
 to read as follows:
   § 6-159. SPECIAL CIRCUMSTANCE DECLINATION. 1. NOTWITHSTANDING THE DATE
 SPECIFIED IN THE NOTICE REQUIRED PURSUANT TO SECTION 6-144 OF THIS ARTI-
 CLE,  A  PERSON  DESIGNATED  AS  A CANDIDATE FOR NOMINATION OR FOR PARTY
 POSITION, OR NOMINATED FOR AN OFFICE, MAY, IN A CERTIFICATE  SIGNED  AND
 ACKNOWLEDGED  BY HIM OR HER, AND FILED NO LATER THAN THREE BUSINESS DAYS
 BEFORE THE CERTIFICATION OF THE BALLOT  FOR  AN  ELECTION,  DECLINE  THE
 DESIGNATION OR NOMINATION ONLY UNDER THE FOLLOWING EXTRAORDINARY CIRCUM-
 STANCES:
   (A) THE PERSON HAS RECEIVED A DIAGNOSIS OF A LIFE-THREATENING ILLNESS;
   (B) THE PERSON HAS BEEN INDICTED FOR A CRIME; OR
   (C) THE PERSON HAS RESIGNED THE OFFICE FOR WHICH THEY ARE NOMINATED OR
 DESIGNATED TO RUN FOR RE-ELECTION, FOR ANY REASON.
   2.  THE  PROVISIONS OF THIS ARTICLE REGARDING FILLING A VACANCY WHEN A
 DESIGNATION OR NOMINATION IS DECLINED SHALL APPLY FOLLOWING THE CREATION
 OF VACANCY DUE TO SPECIAL CIRCUMSTANCES AS HEREIN PROVIDED, EXCEPT  THAT
 THE  CERTIFICATE  OF  SUBSTITUTION  SHALL BE RECEIVED BY THE APPROPRIATE
 BOARD OF ELECTIONS NOT LATER THAN TWO BUSINESS DAYS AFTER SUCH  DECLINA-
 TION IS RECEIVED BY THE BOARD.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05710-01-3

co-Sponsors

2023-A2736A - Details

See Senate Version of this Bill:
S8862
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §6-146, El L
Versions Introduced in 2021-2022 Legislative Session:
A9947

2023-A2736A - Summary

Provides for the declination of a designation as a candidate or nomination for a party position if the person designated or nominated has received a diagnosis of a serious health condition or has resigned the office for which they are nominated or designated to run for re-election.

2023-A2736A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2736--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, LAVINE, L. ROSENTHAL, DICKENS, SEAWRIGHT,
   COLTON, GALLAGHER, BURDICK, KELLES, SAYEGH, WOERNER, SEPTIMO, SIMON --
   read  once  and referred to the Committee on Election Law -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the election law,  in  relation  to  providing  for  the
   declination  of a designation as a candidate or nomination for a party
   position under special circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of  subdivision 7 of section 6-146 of the
 election law, as added by chapter 178 of the laws of  2022,  is  amended
 and two new paragraphs (d) and (e) are added to read as follows:
   (c)  where the person so nominated or designated has been convicted of
 one or more misdemeanors or felonies under state or federal law  at  any
 time after such person's designation or nomination[.]; OR
   (D) WHERE THE PERSON SO NOMINATED OR DESIGNATED HAS RECEIVED A DIAGNO-
 SIS OF A LIFE-THREATENING ILLNESS AT ANY TIME AFTER SUCH PERSON'S DESIG-
 NATION OR NOMINATION; OR
   (E)  WHERE  THE  PERSON  SO  NOMINATED  OR DESIGNATED HAS RESIGNED THE
 OFFICE FOR WHICH THEY ARE NOMINATED OR DESIGNATED TO  RUN  FOR  RE-ELEC-
 TION,  FOR  ANY  REASON,  AT ANY TIME AFTER SUCH PERSON'S DESIGNATION OR
 NOMINATION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05710-02-3

co-Sponsors

2023-A2736B (ACTIVE) - Details

See Senate Version of this Bill:
S8862
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §6-146, El L
Versions Introduced in 2021-2022 Legislative Session:
A9947

2023-A2736B (ACTIVE) - Summary

Provides for the declination of a designation as a candidate or nomination for a party position if the person designated or nominated has received a diagnosis of a serious health condition or has resigned the office for which they are nominated or designated to run for re-election.

2023-A2736B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2736--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, LAVINE, L. ROSENTHAL, DICKENS, SEAWRIGHT,
   COLTON, GALLAGHER, BURDICK, KELLES, SAYEGH, WOERNER, SEPTIMO, SIMON --
   read  once  and referred to the Committee on Election Law -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Election  Law  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  election  law, in relation to providing for the
   declination of a designation as a candidate or nomination for a  party
   position under special circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 7  of  section  6-146  of  the
 election  law,  as  added by chapter 178 of the laws of 2022, is amended
 and two new paragraphs (d) and (e) are added to read as follows:
   (c) where the person so nominated or designated has been convicted  of
 one  or  more misdemeanors or felonies under state or federal law at any
 time after such person's designation or nomination[.]; OR
   (D) WHERE THE PERSON SO NOMINATED OR DESIGNATED HAS RECEIVED A DIAGNO-
 SIS OF A SERIOUS HEALTH CONDITION AT ANY TIME AFTER SUCH PERSON'S DESIG-
 NATION OR NOMINATION. FOR THE PURPOSES OF THIS SECTION, THE TERM  "SERI-
 OUS   HEALTH   CONDITION"  SHALL  BE  DEFINED  AS  AN  ILLNESS,  INJURY,
 IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION,  INCLUDING  TRANSPLANTATION
 PREPARATION  AND  RECOVERY  FROM  SURGERY  RELATED  TO  ORGAN  OR TISSUE
 DONATION, THAT INVOLVES INPATIENT CARE IN A HOSPITAL, HOSPICE, OR  RESI-
 DENTIAL  HEALTH CARE FACILITY, CONTINUING TREATMENT OR CONTINUING SUPER-
 VISION BY A HEALTH CARE PROVIDER. CONTINUING  SUPERVISION  BY  A  HEALTH
 CARE PROVIDER INCLUDES A PERIOD OF INCAPACITY WHICH IS PERMANENT OR LONG
 TERM  DUE  TO A CONDITION FOR WHICH TREATMENT MAY NOT BE EFFECTIVE WHERE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05710-04-4
 A. 2736--B                          2

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