assembly Bill A5874

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 23, 2023 referred to election law

A5874 (ACTIVE) - Details

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

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.

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