Bill Text: NY A00713 | 2023-2024 | General Assembly | Amended

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Bill Title: Allows for limited three-day expansion of the statute of limitations where a proceeding to invalidate a designating or nominating petition has been commenced.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-05-10 - print number 713a [A00713 Detail]

Download: New_York-2023-A00713-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         713--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A.  CARROLL, SEAWRIGHT, EPSTEIN, SHIMSKY, GLICK,
          JACOBSON -- read once and referred to the Committee on Election Law --
          recommitted to the Committee on Election Law in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  election  law,  in relation to proceedings with
          respect to designating and nominating petitions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of section 16-102 of the election law, as
     2  amended by chapter 474 of the laws  of  2023,  is  amended  to  read  as
     3  follows:
     4    2.  A  proceeding  with respect to a petition shall be instituted: (a)
     5  within fourteen days after the last day to  file  the  petition[,];  (b)
     6  within four days after the last day that a certificate to fill a vacancy
     7  in  a  designation  shall be filed[, or]; (c) within three business days
     8  after the officer or board with whom or which such petition  was  filed,
     9  makes  a  determination  of  invalidity with respect to such petition or
    10  certificate to fill a vacancy; or (d) within three business  days  after
    11  the  proper service of pleadings for a timely proceeding to invalidate a
    12  petition, whichever is later; except that a proceeding with respect to a
    13  petition for a village election or a nomination for a  special  election
    14  shall  be  instituted  within  seven days after the last day to file the
    15  certificate or petition for such village election or nomination or with-
    16  in three business days after the officer or board  with  whom  or  which
    17  such  certificate  or petition was filed, makes a determination of inva-
    18  lidity with respect to such certificate or petition, whichever is later.
    19  A proceeding with respect to a primary, convention, meeting of  a  party
    20  committee, or caucus shall be instituted within ten days after the hold-
    21  ing  of  such  primary or convention or the filing of the certificate of
    22  nominations made at such caucus or meeting of a party committee.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00791-03-4