The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3312
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. BLANKENBUSH, ANGELINO, DeSTEFANO, MILLER, TAGUE
   -- read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to the  number  of  signa-
   tures for independent nominating petitions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 6-142  of  the  election  law,  as
 amended  by  section 9 of part ZZZ of chapter 58 of the laws of 2020, is
 amended to read as follows:
   1. An independent nominating petition for candidates to be  voted  for
 by  all the voters of the state must be signed by at least [forty-five]
 FIFTEEN thousand voters, or one percent of the total  number  of  votes,
 excluding blank and void ballots, cast for the office of governor at the
 last  gubernatorial election, whichever is less, of whom at least [five]
 ONE hundred[,] or one percent of enrolled  voters,  whichever  is  less,
 shall  reside  in each of one-half of the congressional districts of the
 State.
   § 2. Subdivision 3 of section 1-104 of the election law, as amended by
 section 10 of part ZZZ of chapter 58 of the laws of 2020, is amended  to
 read as follows:
   3.  The term "party" means any political organization which, excluding
 blank and void ballots, at the  last  preceding  election  for  governor
 received, at least two percent of the total votes cast for its candidate
 for  governor,  or  [one hundred thirty] FIFTY thousand votes, whichever
 [is greater] LESSER, in the year in which a governor is elected  and  at
 least  two  percent of the total votes cast for its candidate for presi-
 dent, or [one hundred thirty] FIFTY thousand votes, whichever is [great-
 er] LESSER, in a year when a president is elected.
   § 3. Subdivision 4 of section 6-138 of the election law, as amended by
 chapter 88 of the laws of 1995, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06999-01-3
 A. 3312                             2

 
   4. [A signature made earlier than six weeks prior to the last  day  to
 file  independent petitions shall not be counted.] (A) A signature on an
 independent petition for a special election made earlier than  the  date
 of the proclamation calling the special election shall not be counted.
   (B)  SIGNATURES  FOR  AN INDEPENDENT PETITION FOR THE GENERAL ELECTION
 SHALL BE COLLECTED DURING A TWELVE  WEEK  PERIOD  BEGINNING  THE  MONDAY
 BEFORE  MEMORIAL DAY AND ENDING THE THIRD MONDAY OF AUGUST. NO SIGNATURE
 FOR AN INDEPENDENT PETITION FOR THE GENERAL ELECTION SHALL BE COUNTED IF
 MADE PRIOR TO OR AFTER SUCH PERIOD.
   § 4. Subdivisions 9, 11 and 12 of section 6-158 of the  election  law,
 as  amended  by  chapter 164 of the laws of 2022, are amended to read as
 follows:
   9. A petition for an independent nomination for an office to be filled
 at the time of a general election shall be filed not earlier than [twen-
 ty-four] TWENTY-THREE weeks and not later than [twenty-three] SIX  weeks
 preceding such election. A petition for an independent nomination for an
 office  to be filled at a special election shall be filed not later than
 twelve days following the issuance of a proclamation of  such  election,
 provided  however,  such  certificate shall be filed not later than nine
 days following the issuance of a proclamation of a special election held
 pursuant to paragraph b of subdivision three of section forty-two of the
 public officers law.
   11. A certificate of acceptance or declination of an independent nomi-
 nation for an office to be filled at the  time  of  a  general  election
 shall  be  filed  not  later  than [the third day after the twenty-third
 Tuesday] SEVEN WEEKS preceding such  GENERAL  election  [except  that  a
 candidate  who  files such a certificate of acceptance for an office for
 which there have been filed certificates or petitions  designating  more
 than  one candidate for the nomination of any party, may thereafter file
 a certificate of declination not later than  the  third  day  after  the
 primary  election].  A  certificate  of  acceptance or declination of an
 independent nomination for an office to be filled at a special  election
 shall  be filed not later than fourteen days following the issuance of a
 proclamation of such election, provided however, such certificate  shall
 be  filed not later than eleven days following the issuance of a procla-
 mation of a special election held pursuant to paragraph b of subdivision
 three of section forty-two of the public officers law.
   12. A certificate to fill a vacancy caused  by  a  declination  of  an
 independent  nomination  for  an  office  to  be filled at the time of a
 general election shall be filed not later than [the sixth day after  the
 twenty-third Tuesday] SEVEN WEEKS preceding such election. A certificate
 to  fill  a vacancy caused by a declination of an independent nomination
 for an office to be filled at a special  election  shall  be  filed  not
 later than sixteen days following the issuance of a proclamation of such
 election,  provided  however,  such certificate shall be filed not later
 than thirteen days following the issuance of a proclamation of a special
 election held pursuant to paragraph b of subdivision  three  of  section
 forty-two of the public officers law.
   §  5.  Paragraph (a) of subdivision 6 of section 6-158 of the election
 law, as amended by section 7 of chapter 164 of  the  laws  of  2022,  is
 amended to read as follows:
   (a) A certificate of a party nomination made other than at the primary
 election  for  an  office to be filled at the time of a general election
 shall be filed not later than [thirty days after the  primary  election]
 SEVEN WEEKS PRECEDING SUCH GENERAL ELECTION,
   § 6. This act shall take effect immediately.