S T A T E O F N E W Y O R K
________________________________________________________________________
8392
2023-2024 Regular Sessions
I N A S S E M B L Y
December 13, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to the removal of an
insurrectionist from the presidential ballot
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4-110 of the election law, as amended by chapter 5
of the laws of 2019, is amended to read as follows:
§ 4-110. Certification of primary election candidates; state board of
elections. 1. The state board of elections, not later than fifty-five
days before a primary election, shall certify to each county board of
elections: The name and residence of each candidate to be voted for
within the political subdivision of such board for whom a designation
has been filed with the state board; the title of the office or position
for which the candidate is designated; the name of the party upon whose
primary ballot his or her name is to be placed; and the order in which
the names of the candidates are to be printed as determined by the state
board. Where an office or position is uncontested, such certification
shall state such fact.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A CANDIDATE FOR
WHOM A DESIGNATION HAS BEEN FILED WHO HAS BEEN FOUND BY THE STATE BOARD
OF ELECTIONS TO HAVE ENGAGED IN INSURRECTION OR REBELLION AGAINST THE
UNITED STATES, OR GIVEN AID OR COMFORT TO THE ENEMIES THEREOF, SHALL NOT
BE SO CERTIFIED, UNLESS THE UNITED STATES CONGRESS, BY A VOTE OF TWO-
THIRDS OF EACH HOUSE, HAS REMOVED SUCH DISABILITY. FOR PURPOSES OF SUCH
DETERMINATION, WHERE THE STATE BOARD OF ELECTIONS IS UNABLE TO REACH A
FINDING, THE QUESTION SHALL, WITHIN TWENTY-FOUR HOURS, BE REFERRED TO
THE OFFICE OF THE ATTORNEY GENERAL BY THE CO-EXECUTIVE DIRECTORS OF THE
STATE BOARD OF ELECTIONS FOR A FORMAL OPINION, WHICH, ABSENT A CONTRARY
ORDER BY A COURT OF COMPETENT JURISDICTION, SHALL BE CONCLUSIVE OF THE
INQUIRY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.