senate Bill S350

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 - Passed Senate

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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

Jan 9, 2023 - floor Vote

S350
41
19
floor
41
Aye
19
Nay
0
Absent
3
Excused
0
Abstained
show floor vote details

Floor Vote: Jan 9, 2023

aye (41)
nay (19)
excused (3)

Jan 9, 2023 - Elections committee Vote

S350
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Elections committee vote details

Elections Committee Vote: Jan 9, 2023

aye (5)
nay (2)

Jan 9, 2023 - Rules committee Vote

S350
13
5
committee
13
Aye
5
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Rules Committee Vote: Jan 9, 2023

aye (13)
nay (5)
aye wr (1)
excused (2)

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

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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