S T A T E O F N E W Y O R K
________________________________________________________________________
7724
2025-2026 Regular Sessions
I N A S S E M B L Y
April 8, 2025
___________
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 the representation of
newly formed political parties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 7-116 of the election law is
amended to read as follows:
1. In printing the names of candidates on the ballot, the candidate or
candidates of the party which polled [for its candidate for the office
of governor at the last preceding election for such office] the highest
number of votes FOR ITS CANDIDATE FOR GOVERNOR OR FOR ITS SLATE OF PRES-
IDENT ELECTORS AT THE MOST RECENT GENERAL ELECTION IN AN EVEN NUMBERED
YEAR, shall be [row or] column A or one and the candidates of the other
parties shall be placed on such ballot in descending order of such
votes.
§ 2. Section 6-124 of the election law, as amended by chapter 876 of
the laws of 1977, is amended to read as follows:
§ 6-124. Conventions; judicial. A judicial district convention shall
be constituted by the election at the preceding primary of delegates and
alternate delegates, if any, from each assembly district or, if an
assembly district shall contain all or part of two or more counties and
if the rules of the party shall so provide, separately from the part of
such assembly district contained within each such county. The number of
delegates and alternates, if any, shall be determined by party rules,
but the number of delegates shall be substantially in accordance with
the ratio, which the number of votes cast for the party candidate for
the office of governor, on the line or column of the party at the last
preceding election for such office, in any unit of representation, bears
to the total vote cast at such election for such candidate on such line
or column in the entire state; PROVIDED, HOWEVER, FOR A NEW PARTY FORMED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06893-01-5
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AT A PRESIDENTIAL ELECTION, FOR SUCH PARTY'S JUDICIAL DISTRICT CONVEN-
TION HELD IN THE SECOND YEAR AFTER THE PRESIDENTIAL ELECTION, SUCH RATIO
SHALL BE BASED ON SUCH PARTY'S VOTE FOR PRESIDENTIAL ELECTORS, AS OTHER-
WISE AS PROVIDED BY THIS SECTION, AND THEREAFTER BASED ON SUCH PARTY'S
VOTE FOR THE OFFICE OF GOVERNOR. The number of alternates from any
district shall not exceed the number of delegates therefrom. The deleg-
ates certified to have been elected as such, in the manner provided in
this chapter, shall be conclusively entitled to their seats, rights and
votes as delegates to such convention. When a duly elected delegate does
not attend the convention, [his] SUCH DELEGATE'S place shall be taken by
one of the alternates, if any, to be substituted in [his] THE DELEGATE'S
place, in the order of the vote received by each such alternate as such
vote appears upon the certified list and if an equal number of votes
were cast for two or more such alternates; the order in which such
alternates shall be substituted shall be determined by lot forthwith
upon the convening of the convention. If there shall have been no
contested election for alternate, substitution shall be in the order in
which the name of such alternate appears upon the certified list, and if
no alternates shall have been elected or if no alternates appear at such
convention, then the delegates present from the same district shall
elect a person to fill the vacancy.
§ 3. Subdivision 1 of section 2-104 of the election law, as amended by
chapter 260 of the laws of 2021, is amended to read as follows:
1. The county committee of each party shall be constituted by the
election in each election district within such county of at least two
members and of such additional members as the rules of the county
committee of the party within the county or the statement filed pursuant
hereto may provide for such district, proportional to the party vote in
the district for governor at the last preceding gubernatorial election,
OR IN THE CASE OF A NEW PARTY FORMED AT A PRESIDENTIAL ELECTION WHEN
FIRST ELECTING MEMBERS OF A COUNTY COMMITTEE, PROPORTIONAL TO THE PARTY
VOTE IN THE DISTRICT FOR PRESIDENTIAL ELECTORS AT THE LAST PRECEDING
PRESIDENTIAL ELECTION, or in case the boundaries of such district have
been changed or a new district has been created since the last preceding
gubernatorial election USED TO APPORTION MEMBERS, proportional to the
party vote cast for member of assembly or in the event there was no
election for member of assembly, then proportional to the number of
enrolled voters of such party in such district on the list of enrolled
voters last published by the board of elections, excluding voters in
inactive status. In a county in which no additional members are provided
for by the rules of the county committee or the statement filed pursuant
hereto the voting power of each member shall be in proportion to such
party vote or, if the election district which such member represents was
created or changed since the last election for member of assembly,
proportional to such party enrollment. In a county in which additional
members are so provided for, on the basis of the party vote or enroll-
ment in election districts within such county, each member shall have
one vote. Each member of a county committee shall be an enrolled voter
of the party residing in the county and the assembly district from which
or in the assembly district containing the election district in which
such member is elected except that a member of a county committee who,
as a result of an alteration of assembly district lines, no longer
resides within such assembly district may continue to serve for the
balance of the term to which [he] THE MEMBER was elected.
§ 4. Subdivision 5 of section 7-104 of the election law, as amended by
chapter 411 of the laws of 2019, is amended to read as follows:
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5. Notwithstanding the provisions of subdivision four of this section,
the name of a person who is nominated for the office of PRESIDENT OF THE
UNITED STATES (ELECTORS FOR), governor, or state senator, or member of
assembly, shall appear on the ballot as many times as there are parties
or independent bodies nominating [him or her] SUCH PERSON, and there
shall be a separate voting position at each place in which such name
shall appear.
§ 5. Subdivision 4 of section 6-104 of the election law is amended to
read as follows:
4. Upon the vote for such designation, each member of the state
committee shall be entitled to cast a number of votes which shall be in
accordance with the ratio which the number of votes cast for the party
candidate for governor on the line or column of the party at the last
preceding general state election in the unit of representation of such
member bears to the total vote cast on such line or column at such
election for such candidate in the entire state, OR IN THE CASE OF A NEW
PARTY FORMED AT A PRESIDENTIAL ELECTION, EACH MEMBER OF THE STATE
COMMITTEE SHALL BE ENTITLED TO CAST A NUMBER OF VOTES WHICH SHALL BE IN
ACCORDANCE WITH THE RATIO WHICH THE NUMBER OF VOTES CAST FOR THE PARTY'S
PRESIDENTIAL ELECTORS AT THE LAST PRECEDING PRESIDENTIAL ELECTION IN THE
UNIT OF REPRESENTATION OF SUCH MEMBER BEARS TO THE TOTAL VOTE CAST ON
SUCH LINE OR COLUMN AT SUCH ELECTION FOR SUCH ELECTORS IN THE ENTIRE
STATE, UNTIL SUCH TIME AS SUCH NEW PARTY HAS A PARTY VOTE FOR ITS CANDI-
DATE FOR GOVERNOR. The apportionment of such votes as so prescribed
shall be determined by the rules of the party.
§ 6. The third undesignated paragraph of section 9-214 of the election
law is amended to read as follows:
The board of elections shall transmit to the state board, on or before
the tenth day of December following an election for governor OR PRESI-
DENTIAL ELECTORS, a certified tabulated statement, by election
districts, of the official canvass of the votes cast for candidates for
governor OR PRESIDENTIAL ELECTORS, to include, in the case of a candi-
date who was nominated by two or more parties or independent bodies, a
separate statement of the number of votes cast for [him] SUCH CANDIDATE
as the candidate of each party or independent body by which [he] SUCH
CANDIDATE was nominated and if the county contains more than one assem-
bly district or parts of more than one assembly district, a statement of
the number of votes cast for governor OR PRESIDENTIAL ELECTORS by assem-
bly district.
§ 7. This act shall take effect immediately.