Senate Bill S350

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 - 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

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2023-S350 (ACTIVE) - Details

See Assembly Version of this Bill:
A5874
Law Section:
Election Law
Laws Affected:
Add §16-101, El L

2023-S350 (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-S350 (ACTIVE) - Sponsor Memo

2023-S350 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    350
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 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

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