Assembly Bill A5874

Signed By Governor
2023-2024 Legislative Session

Relates to legal challenges to the constitutionality of provisions of the election law

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S350 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2023-A5874 (ACTIVE) - Details

See Senate Version of this Bill:
S350
Law Section:
Election Law
Laws Affected:
Add §16-101, El L

2023-A5874 (ACTIVE) - Summary

Provides that for any legal challenge to the constitutionality of a provision of the election law, venue shall be brought in the following designated court in the judicial department within which at least one plaintiff is located: first judicial department: New York county; second judicial department: Westchester county; third judicial department: Albany county; and fourth judicial department: Erie county.

2023-A5874 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5874
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to legal challenges to the
   constitutionality of provisions of such law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The election law is amended by adding a new section  16-101
 to read as follows:
   § 16-101. ACTIONS  OR PROCEEDINGS CHALLENGING PROVISIONS OF THIS CHAP-
 TER.  1. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IN ANY ACTION OR
 PROCEEDING IN WHICH ANY PARTY  CHALLENGES  THE  CONSTITUTIONALITY  OF  A
 PROVISION OF THIS CHAPTER, AND ANY RELATED STATUTORY CLAIMS, VENUE SHALL
 BE  PROPER  ONLY IN ONE OF THE FOLLOWING DESIGNATED COURTS IN A JUDICIAL
 DEPARTMENT WITHIN WHICH AT LEAST ONE PLAINTIFF IS LOCATED:
   (A) FIRST JUDICIAL DEPARTMENT:  NEW YORK COUNTY;
   (B) SECOND JUDICIAL DEPARTMENT: WESTCHESTER COUNTY;
   (C) THIRD JUDICIAL  DEPARTMENT: ALBANY COUNTY; OR
   (D) FOURTH JUDICIAL DEPARTMENT:  ERIE COUNTY.
   2. FOR THE PURPOSES OF THIS SECTION, A CHALLENGE TO THE  CONSTITUTION-
 ALITY OF A PROVISION OF THIS CHAPTER SHALL MEAN A CHALLENGE IN ANY FORM,
 INCLUDING  BUT  NOT  LIMITED  TO  A  CLAIM,  COUNTER-CLAIM, CROSS-CLAIM,
 DEFENSE, OR AFFIRMATIVE DEFENSE. SUCH A  CLAIM  MAY  BE  RAISED  BY  ANY
 PARTY,  INCLUDING BUT NOT LIMITED TO A PLAINTIFF, DEFENDANT, THIRD-PARTY
 PLAINTIFF, THIRD-PARTY DEFENDANT, INTERVENOR, OR SUBSTITUTED PARTY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02388-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.