S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4258
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in  relation  to  removing  provisions
   relating   to  the  opportunity  to  ballot;  and  to  repeal  certain
   provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 6-164 and 6-166 of the election law are REPEALED.
   § 2. Subdivision 4 of section 6-158 of the election law is REPEALED.
   §  3.  Subdivisions  2  and 3 of section 6-154 of the election law, as
 amended by chapter 744 of the laws of  2022,  are  amended  to  read  as
 follows:
   2.  Written objections to any certificate of designation or nomination
 or to a nominating or designating petition [or a petition  for  opportu-
 nity  to  ballot for public office] or to a certificate of acceptance, a
 certificate of authorization, a certificate of declination or a  certif-
 icate  of substitution relating thereto may be filed by any voter regis-
 tered to vote for such public office and to a designating petition [or a
 petition for opportunity to ballot for party position] or a  certificate
 of  substitution, a certificate of acceptance or a certificate of decli-
 nation relating thereto by any voter enrolled to  vote  for  such  party
 position.  Such objections shall be filed with the officer or board with
 whom the original petition or certificate is  filed  within  three  days
 after  the  filing  of the petition or certificate to which objection is
 made, or within three days after the last day to  file  such  a  certif-
 icate,  if  no such certificate is filed except that if any person nomi-
 nated by an independent nominating petition, is  nominated  as  a  party
 candidate  for  the same office by a party certificate filed, or a party
 nomination made after the filing of such petition, the written objection
 to such petition may be filed within three days after the filing of such
 party certificate or the making of such party nomination.  When such  an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07555-01-3
              

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 objection  is  filed,  specifications  of  the grounds of the objections
 shall be filed within six days thereafter with the same officer or board
 and if specifications are not timely filed, the objection shall be  null
 and void.
   [3.]  3-A. (a) Any person filing general objections to any designating
 petition, independent nominating petition or certificate  of  nomination
 or  ballot access document who thereafter files specifications of his or
 her objections to any such document shall do so in accordance  with  the
 provisions  of  this subdivision. All such specifications shall substan-
 tially comply with the following requirements:
   (i) for specifications relating to any petition,  the  volume  number,
 page  number,  and line number of any signature objected to on any peti-
 tion shall be set forth in detail. In addition, any portion of any peti-
 tion or any signature line or witness statement  objected  to  shall  be
 specifically identified and reasons given for any such objection;
   (ii) the total number of signatures objected to shall be set forth and
 all  objections  relating  to  a single signature line should be grouped
 together; and
   (iii)  symbols  and/or  abbreviations  may  be  used  to   set   forth
 objections,  provided  that  a  sheet explaining the meaning of any such
 symbols and/or abbreviations is attached to the specifications.
   (b) No specifications of objections to any  petition,  certificate  of
 nomination  or  ballot  access  document  will  be considered unless the
 objector filing the specifications personally delivers or mails by over-
 night mail a duplicate copy of the specification to each  candidate  for
 public office named on the petition. [Objections and specifications to a
 petition  for  an  opportunity  to  ballot must be served on the persons
 named as the committee to receive notices.] In the case  of  a  petition
 containing candidates for party positions, service of the specifications
 shall  be  made on either the named candidates or the first person named
 on the petition's committee to fill vacancies. Service shall be made  on
 or  before  the date of filing of any specifications with the officer or
 board. Proof  of  service  shall  accompany  the  specifications  or  be
 received  by  the  end  of two business days following the filing of the
 specifications, whichever is later.
   § 4. Subdivision 3 of section 6-168 of the election law, as  added  by
 chapter 143 of the laws of 1979, is amended to read as follows:
   3. If, at any primary election in which more than one nomination is to
 be  made  for  the office of judge of the civil court of the city of New
 York in any borough of such city or in any civil court  district  within
 any such borough, only one candidate is designated for any such vacancy,
 such  candidate  shall be deemed nominated and his name shall not appear
 upon the primary ballot [unless a petition for opportunity to ballot for
 such vacancy is filed pursuant to the provisions of this chapter].
   § 5. Paragraph (c) of subdivision 1 of section 7-114 of  the  election
 law,  as  amended by chapter 411 of the laws of 2019, is amended to read
 as follows:
   (c) The ballot shall not contain a space for voting for candidates for
 uncontested offices and positions, and no ballot shall be printed for  a
 party for which there is no contested office or position [unless a peti-
 tion for opportunity to ballot has been filed].
   §  6.  Subdivision 1 of section 16-102 of the election law, as amended
 by chapter 373 of the laws of 1978, is amended to read as follows:
   1. The nomination or designation  of  any  candidate  for  any  public
 office  or party position or any independent nomination[, or the holding
 of an uncontested primary election, by  reason  of  a  petition  for  an
 A. 4258                             3

 opportunity  to ballot having been filed], or the election of any person
 to any party position may be contested in a proceeding instituted in the
 supreme court by any aggrieved candidate, or  by  the  chairman  of  any
 party  committee  or  by  a  person  who shall have filed objections, as
 provided in this chapter, except that the chairman of a party  committee
 may  not bring a proceeding with respect to a designation or the holding
 of an otherwise uncontested primary.
   § 7. Section 17-122 of the election law, as amended by chapter 373  of
 the laws of 1978 and subdivision 7 as amended by chapter 129 of the laws
 of 1997, is amended to read as follows:
   § 17-122. Misconduct in relation to petitions. Any person who:
   1. Pays, lends, contributes or promises to pay, lend or contribute any
 money  or other valuable consideration to or for any voter, or to or for
 any other person, to induce such voter to sign a petition for the desig-
 nation of a candidate for party nomination or for election  to  a  party
 position to be voted for at a primary election[, or to induce such voter
 to  sign  a petition for opportunity to ballot at a primary election] or
 to induce such voter to sign  an  independent  nominating  petition  for
 public office; or
   2. Gives, offers or promises any office, place or employment, or prom-
 ises  to  procure or endeavor to procure any office, place or employment
 to or for any voter, or to or for any other person, in order  to  induce
 such  voter  to  sign  a petition for the designation of a candidate for
 party nomination or for election to a party position to be voted for  at
 a  primary  election[,  or  to  induce such voter to sign a petition for
 opportunity to ballot at a primary election] or to induce such voter  to
 sign an independent nominating petition for public office; or
   3.  Receives,  agrees  or contracts for any money, gift, loan or other
 valuable consideration, office, place or employment for himself  or  any
 other  person, for signing a petition for the designation of a candidate
 for party nomination or for election to a party position to be voted for
 at a primary election[, or for signing a  petition  for  opportunity  to
 ballot  at  a primary election] or for signing an independent nominating
 petition for public office; or
   4. Pays or agrees to pay money or other valuable consideration, to any
 person for his services in canvassing for  or  otherwise  procuring  the
 signatures of voters to a petition for the designation of a candidate or
 candidates  for  party nomination or for election to a party position to
 be voted for at a primary election[, or to a petition for opportunity to
 ballot at a primary election,] or to an independent nominating  petition
 for  public  office, upon the basis of the number of names to such peti-
 tion procured by such person, or at a fixed amount per name; or
   5. Represents to any person as an inducement for  signing  a  petition
 for  the designation of a candidate for party nomination or for election
 to a party position to be voted for at a primary election, [or for sign-
 ing a petition for opportunity to ballot at a primary election,] or  for
 signing  an  independent nominating petition for public office, that the
 person soliciting such signature is to be compensated upon the basis  of
 the  number of names procured by such a person, or at a fixed amount per
 name; or
   6. Being a signer of a petition, provided for in the election law, for
 the designation or nomination of a candidate, [or a petition for  oppor-
 tunity to ballot at a primary election,] thereby makes a false statement
 or  makes a false affidavit thereon, or a false statement to the witness
 who authenticates the petition; or
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   7. Being a notary public,  commissioner  of  deeds  or  a  subscribing
 witness to a petition, provided for in this chapter, for the designation
 or  nomination  of a candidate, [or a petition for opportunity to ballot
 at a primary election,] thereby makes a false statement or makes a false
 affidavit thereon; or
   8. Alters a petition, provided for in the election law, for the desig-
 nation  or  nomination of a candidate, [or a petition for opportunity to
 ballot at a primary election,] by inserting, adding or changing  therein
 the  name  of  a  candidate, or the title or designation of an office or
 position by any means whatsoever, after such petition has been signed by
 one or more persons, is guilty of a misdemeanor.
   § 8. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 744 of the laws of 2022, takes effect.