BILL NUMBER: S8862

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow a candidate to voluntarily decline their party's designation or
nomination, and be removed from the ballot, if they are diagnosed with a
serious health condition or have resigned the office for which they are
nominated or designated to run for re-election.

 
SUMMARY OF PROVISIONS:

Section one: Amends paragraph (c) of subdivision 7 of section 6-146 of
the election law, as added by chapter 178 of the laws of 2022, and adds
two new paragraphs (d) and (e). This section allows a person designated
as a candidate for nomination or for party position, or nominated for an
              

office, in a certificate signed and acknowledged by such person and
filed no later than the last day to certify the ballot pursuant to
section 4-110 or section 4-112 of the election law, to decline the
designation or nomination under the following circumstances: (d) where
the person so nominated or designated has received a diagnosis of a
serious health condition at any time after such person's designation 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-election, for any reason, 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, impair-
ment, 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 healthcare
provider includes a period of incapacity which is permanent or long term
due to a condition for which treatment may not be effective where the
family member is under the continuing supervision of, but need not be
receiving active treatment by, a health care provider.

Section two: Provides the effective date.

 
JUSTIFICATION:

Currently, once a certificate of designation or nomination has been
filed, the only basis for removing a candidate is death, declination or
disqualification. A candidate is only permitted to decline a
designation/nomination after the filing deadline if they are nominated
for a second office or if they are arrested, charged with or convicted
of a crime, or they can decline a nomination on one ballot line in a
general election if they are defeated on a different party's line in a
primary for the same office. Disqualification is also very narrow and
only applies if the candidate does not meet the qualifications for hold-
ing office of being 18 years old, a United States citizen, and a resi-
dent of New York State.

A candidate who is diagnosed with a serious health condition or has
resigned the office for which they are nominated or designated to run
for re-election should be permitted to voluntarily decline the party's
designation or nomination and withdraw their name from the ballot to
allow a new candidate to be selected. Individuals experiencing these
circumstances should be allowed to withdraw from the election and focus
on their health or other personal challenges.  Allowing candidates to
decline in these circumstances will also enable voters to cast a ballot
that is reflective of the actual candidates in the race.

 
PRIOR LEGISLATIVE HISTORY:

Senate

New bill

Assembly

2021-2022: A9947, Referred to Election Law

2023-2024: A2736B, Referred to Election Law

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.