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.
              

                                                            LBD13155-02-3