Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 10, 2023 | referred to election law |
Jan 09, 2023 | delivered to assembly passed senate ordered to third reading cal.5 reported and committed to rules |
Jan 04, 2023 | referred to elections |
senate Bill S350
Sponsored By
Robert Jackson
(D, WF) 31st Senate District
Current Bill Status - Passed Senate
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S350 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5874
- Law Section:
- Election Law
- Laws Affected:
- Add §16-101, El L
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.
S350 (ACTIVE) - Sponsor Memo
BILL NUMBER: S350 SPONSOR: JACKSON TITLE OF BILL: An act to amend the election law, in relation to legal challenges to the constitutionality of provisions of such law PURPOSE: This bill prevents forum shopping in constitutional challenges to provisions of the Election Law. SUMMARY OF PROVISIONS: Section 1 creates a new Section 16-101 of the Election Law that requires constitutional challenges to the election law, and any related statutory claims to be brought in the following courts depending on the judicial department in which at least one plaintiff is located. For the first judicial department: New York county; for the second judicial depart- ment: Westchester county; for the third judicial department: Albany county; and for the fourth judicial department: Erie county. It also
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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