S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    822
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to electronic  correspond-
   ence  with  regard  to  determinations  on  objections  to designating
   petitions, independent nominating  petitions,  certificates  of  nomi-
   nation or ballot access documents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 4 and 5 of section 6-154 of the election  law,
 subdivision  4 as added and subdivision 5 as amended by a chapter of the
 laws of 2022 amending the election  law  relating  to  specification  of
 objections  to  designating petitions, independent nominating petitions,
 certificates of nomination or ballot access documents,  as  proposed  in
 legislative  bills  numbers  S.  4413 and A. 4261, are amended and a new
 subdivision 7 is added to read as follows:
   4. (a) Such officer or board shall give notice by  overnight  mail  to
 the  objector and the candidate named in such petition or certificate of
 the date or dates on which such officer  or  board  shall  consider  the
 specifications  filed, and board findings, the result of and research of
 the specifications, and shall make a determination as to the sufficiency
 of such petition or certificate [and  shall  provide  the  objector  and
 candidate  or their agent or agents an opportunity to be heard as to the
 validity of each specific objection]. Copies of the board's research  of
 specifications shall accompany such notice.  SUCH NOTICE MAY BE GIVEN BY
 ELECTRONIC  CORRESPONDENCE IN LIEU OF OVERNIGHT MAIL WITH THE CONSENT OF
 THE OBJECTOR OR THE CANDIDATE IN ACCORDANCE WITH  SUBDIVISION  SEVEN  OF
 THIS  SECTION.  SUCH  OFFICER  OR  BOARD  SHALL PROVIDE THE OBJECTOR AND
 CANDIDATE OR THEIR AGENT OR AGENTS AN OPPORTUNITY TO BE HEARD AS TO  THE
 VALIDITY  OF EACH SPECIFIC OBJECTION. Such opportunity may be by written
 submission or oral presentation in the discretion  of  such  officer  or
 board.  Such  officer or board shall not deny the objector or the candi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04006-01-3
              

 S. 822                              2
 
 date or their agent or agents an opportunity  to  be  present  when  the
 determination as to validity is made.
   (b)  For objections and specifications made to ballot access documents
 filed with the state board of elections, the provisions of paragraph (a)
 of this subdivision shall apply. However, the opportunity to be heard as
 to the validity or invalidity of such specifications shall  be  provided
 in a hearing which precedes any meeting of the state board's commission-
 ers at which determinations will be rendered.
   5.  When  any  determination is made that a certificate or petition is
 sufficient or insufficient, such officer or board shall give  notice  of
 the determination forthwith by mail to each candidate named in the peti-
 tion  or  certificate,  and, if the determination is made upon specified
 objections, the objector shall be notified[; provided  that  any  such].
 SUCH  NOTICE  MAY  BE GIVEN BY ELECTRONIC CORRESPONDENCE IN LIEU OF MAIL
 WITH THE CONSENT OF THE CANDIDATE OR THE  OBJECTOR  IN  ACCORDANCE  WITH
 SUBDIVISION SEVEN OF THIS SECTION. SUCH candidate or objector may desig-
 nate  an  attorney  or  agent to receive any such notice and/or determi-
 nation on his or her behalf. Any such designation shall  be  in  writing
 and  include  the  name, address, email and telephone number of any such
 attorney or agent, and any such attorney and/or agent shall be  eligible
 to  represent  any such candidate or objector in any proceeding relating
 to the specifications.
   7. FOR THE PURPOSES OF THIS SECTION, A CANDIDATE OR OBJECTOR SHALL  BE
 DEEMED  TO  HAVE  CONSENTED TO ELECTRONIC CORRESPONDENCE IF, HAVING BEEN
 ADVISED CONSPICUOUSLY THAT ENROLLMENT OR REGISTRATION IS  VOLUNTARY  AND
 THAT  THEY  MAY  CONTINUE TO RECEIVE NOTICES BY MAIL AS PROVIDED IN THIS
 SECTION, THEY INSTEAD AFFIRMATIVELY CHOOSE TO RECEIVE  SUCH  NOTICES  BY
 ELECTRONIC CORRESPONDENCE ONLY.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2022 amending the election law relat-
 ing to specification of objections to designating petitions, independent
 nominating petitions, certificates of nomination or ballot access  docu-
 ments,  as  proposed  in  legislative bills numbers S. 4413 and A. 4261,
 takes effect.