Bill Text: NY S02302 | 2023-2024 | General Assembly | Introduced
Bill Title: Removes the requirement that party emblems be included in ballot design.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S02302 Detail]
Download: New_York-2023-S02302-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2302 2023-2024 Regular Sessions IN SENATE January 19, 2023 ___________ Introduced by Sens. MYRIE, HOYLMAN-SIGAL, KRUEGER, SEPULVEDA, STAVISKY -- 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 removing the require- ment that party emblems be included in ballot design The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 18 of section 1-104 of the election law, as 2 amended by chapter 181 of the laws of 2005, is amended to read as 3 follows: 4 18. The word "ballot" when referring to voting machines or systems 5 means that portion of the cardboard or paper or other material or elec- 6 tronic display within the ballot frame containing the name of the candi- 7 date and [the emblem of] the party organization by which he was nomi- 8 nated, of the form of submission of a proposed constitutional amendment, 9 proposition referendum or question as provided in this chapter, with the 10 word "yes" for voting for any question or the word "no" for voting 11 against any question except that where the question or proposition is 12 submitted only to the voters of a territory wholly within a county or 13 city, such form shall be determined by the county board of elections. 14 Such statement and the title shall be printed and/or displayed in the 15 largest type or display which it is practicable to use in the space 16 provided. 17 § 2. Subdivisions 1 and 2 of section 2-124 of the election law, subdi- 18 vision 2 as amended by chapter 671 of the laws of 2022, are amended to 19 read as follows: 20 1. The state committee of a party shall select a name [and emblem] to 21 distinguish the candidates of the party for public office in all 22 districts of the state, and shall file in the office of the state board 23 of elections, a certificate executed by its chairman and secretary, 24 setting forth the name [and showing the emblem so selected]. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04061-01-3S. 2302 2 1 2. The name of a party shall be in the English language and shall not 2 include the words "American", "United States", "National", "New York 3 State", "Independence" or "Independent", or "Empire State", or any 4 abbreviation or plural thereof, nor the name or part of the name, or an 5 abbreviation of the name, of an existing party. [The emblem chosen may6be a star, an animal, an anchor, or any other proper symbol, but may not7be the same as or similar to any emblem, insignia, symbol or flag used8by any political or governmental body, agency or entity nor any reli-9gious emblem, insignia, symbol or flag, nor the portrait of any person,10nor the representation of a coin or of the currency of the United11States.] The name [and emblem] chosen shall not be similar to or likely 12 to create confusion with the name [or emblem] of any other existing 13 party or independent body. 14 § 3. Subdivision 1 of section 6-128 of the election law, paragraph (a) 15 as amended by chapter 619 of the laws of 2019, is amended to read as 16 follows: 17 1. When an independent body becomes a party at a general election by 18 qualifying under the requirements set by law, nominations shall, prior 19 to and including the first general election thereafter, be made as 20 provided by the rules of such party. A certificate of such nominations 21 shall contain: 22 (a) The name of the party filing the nominations which shall not be 23 altered or modified once submitted. 24 (b) The title of the office for which the nomination is made and the 25 name and residence address of the person so nominated. 26 (c) The names of the members of the committee, if any, appointed to 27 fill vacancies in nominations. 28 (d) [A description and representation of the party's emblem.29(e)] The name of the committee making the nomination. 30 [(f)] (e) A certified copy of the party rules describing the rule-mak- 31 ing body and nomination process. 32 [(g)] (f) An affidavit containing a statement by the presiding officer 33 and secretary of the committee that they are such officers and the 34 statements in the certificate are true. 35 § 4. Subdivision 3 of section 6-138 of the election law, as amended by 36 chapter 305 of the laws of 1992, paragraph a as amended by chapter 619 37 of the laws of 2019, is amended to read as follows: 38 3. a. The name selected for the independent body making the nomination 39 shall be in English characters and shall not include the name or part of 40 the name or an abbreviation of the name or part of the name, nor shall 41 the [emblem or] name be of such a configuration as to create the possi- 42 bility of confusion with the [emblem or] name of a then existing party, 43 or the [emblem or] name of an independent body selected by a previously 44 filed independent nominating petition for the same office. Such name 45 selected for such independent body shall continuously remain the name of 46 such party as defined in subdivision three of section 1-104 of this 47 chapter. 48 b. Notwithstanding the requirements of paragraph a of this subdivi- 49 sion, if the [emblem or] name selected for an independent body on any 50 independent nominating petition is the same as that selected by any 51 previously filed independent nominating petition for the same office, 52 the board of elections with which such later petition was filed shall, 53 not later than two days after the filing of such later filed petition, 54 send notice of such duplicate selection of [emblem or] name by first- 55 class mail, to the candidate for such office who was nominated by such 56 later filed petition, and that the candidate to whom such notice isS. 2302 3 1 required to be sent may file with such board of elections, not later 2 than seven days after such notice was mailed, a certificate selecting a 3 different [emblem or] name. 4 c. A person who has been nominated or who expects to be nominated as 5 the candidate of an independent body for the office of President of the 6 United States at any election for such office may, not later than three 7 days after the last day to file nominating petitions, file with the 8 state board of elections, a special certificate which shall be irrev- 9 ocable, stating that such person does not wish to permit candidates for 10 any other office, except the office of Vice-President of the United 11 States, to appear on the ballot with the same name [and emblem] as the 12 independent body which has nominated or will nominate such candidate for 13 the office of President. 14 d. Not later than seven days after the last day to file nominating 15 petitions, the state board of elections shall notify each local board of 16 elections of the name of each candidate for President of the United 17 States who has filed such a special certificate, together with the name 18 [and emblem] of the independent body selected on the petition which 19 nominated such candidate. 20 e. If any candidate has been nominated for any other office by a peti- 21 tion which selected the same name [or emblem] for an independent body as 22 the name [or emblem] selected on the petition which nominated a candi- 23 date for President of the United States who has filed a special certif- 24 icate pursuant to paragraph c of this subdivision, the board of 25 elections with which the petition nominating such candidate for such 26 other office was filed shall, not later than ten days after the last day 27 to file nominating petitions, send to each such candidate, by first 28 class mail, notice that a special certificate pursuant to paragraph c of 29 this subdivision has been filed and that the candidate to whom such 30 notice is sent may file with such board of elections, not later than 31 seven days after such notice was mailed, a certificate selecting a 32 different name [and emblem]. 33 f. If [such a petition shall not show an emblem, or if] the petition 34 shall fail to select a name for such independent body, or if pursuant to 35 the provisions of paragraph b or paragraph e of this subdivision, a 36 candidate shall fail to select another [emblem or] name for such inde- 37 pendent body, the officer or board in whose office the petition is filed 38 shall select [an emblem or] a name [or both] to distinguish the candi- 39 dates nominated thereby. The name [and emblem] shown upon such petition 40 or selected by a candidate authorized to make such selection by para- 41 graph b or paragraph e of this subdivision, or selected by an officer or 42 board shall also conform to the requirements of this chapter with 43 respect to names [or emblems] permitted to be selected by a party. 44 g. Nothing contained in this subdivision shall preclude a court of 45 competent jurisdiction from rejecting an independent nominating petition 46 if the court determines that fraud was involved in the selection of a 47 name [or emblem]. 48 § 5. Paragraph a of subdivision 1 of section 6-140 of the election 49 law, as amended by chapter 176 of the laws of 2017, is amended to read 50 as follows: 51 a. Each sheet of an independent nominating petition shall be signed in 52 ink, shall contain the following information and shall be in substan- 53 tially the following form: 54 I, the undersigned, do hereby state that I am a registered voter of 55 the political unit for which a nomination for public office is hereby 56 being made, that my present place of residence is truly stated oppositeS. 2302 4 1 my signature hereto, and that I do hereby nominate the following named 2 person (or persons) as a candidate (or as candidates) for election to 3 public office (or public offices) to be voted for at the election to be 4 held on the ............ day of ................, 20...., and that I 5 select the name ............................ (fill in name) as the name 6 of the independent body making the nomination (or nominations) [and7................ (fill in emblem) as the emblem of such body]. 8 Public Place of residence 9 Office (also post office 10 Name of (include district address 11 Candidate number, if applicable) if not identical) 12 .......... ................. .......................... 13 .......... ................. .......................... 14 I do hereby appoint ............................. (here insert the names 15 and addresses of at least three persons, all of whom shall be registered 16 voters within such political unit), as a committee to fill vacancies in 17 accordance with the provisions of the election law. 18 In witness whereof, I have hereunto set my hand, the day and year 19 placed opposite my signature. 20 Date Name of Signer Residence 21 ...... ................ ....................... 22 ...... ................ ....................... 23 Town or city (except 24 in the city of New 25 York, the county) ....................... ....................... 26 § 6. Subdivisions 1 and 3 of section 6-206 of the election law, subdi- 27 vision 1 as separately amended by chapters 106 and 176 of the laws of 28 2017, and subdivision 3 as added by chapter 359 of the laws of 1989, are 29 amended to read as follows: 30 1. Independent nominations for elective village offices shall be made 31 by a petition containing the signatures in ink of residents of the 32 village who are registered with the appropriate county board of 33 elections at the time of signing. The sheets of such a petition shall be 34 numbered. A signer need not himself or herself fill in the date or resi- 35 dence. Each sheet of such petition must be in substantially the follow- 36 ing form and shall contain all the information required therein: 37 VILLAGE INDEPENDENT NOMINATING PETITION 38 I, the undersigned, do hereby state that I am a registered voter of 39 the Village of......., that my present place of residence is truly stat- 40 ed opposite my signature, and I do hereby nominate the following named 41 person (or persons) as a candidate (or as candidates) for election to 42 public office (or public offices) to be voted for at the election to be 43 held on the.....day of........, 20....., and that I select the 44 name........... (fill in name) as the name of the independent body 45 making the nomination (or nominations) [and.....(fill in emblem) as the46emblem of such body]. 47 Name of 48 Candidate Public Office Term Residence 49 (include districtS. 2302 5 1 number, if applicable) 2 ............. .................... .... .............. 3 ............. .................... .... .............. 4 I do hereby appoint (insert names and addresses of at least three 5 persons, all of whom shall be registered voters within such village) as 6 a committee to fill vacancies in accordance with the provisions of the 7 election law. 8 In witness whereof, I have signed this petition on the day and year 9 stated before my signature. 10 Date Signature Residence 11 .......... ................. ................... 12 .......... ................. ................... 13 STATEMENT OF WITNESS 14 I, ..................... state that I am a duly qualified voter of the 15 State of New York. I now reside at ................ (residence address). 16 Each of the voters whose names are subscribed to this petition sheet 17 containing ................ (fill in number) signatures, subscribed his 18 or her name in my presence. 19 I understand that this statement will be accepted for all purposes as 20 the equivalent of an affidavit and, if it contains a material false 21 statement, shall subject me to the same penalties as if I had been duly 22 sworn. 23 ....................... .............................. 24 Date Signature of witness 25 3. The name selected for the independent body making the nomination 26 shall be in the English language and shall not include the name or part 27 of the name, or an abbreviation of the name or of part of the name, of a 28 then existing party. The name [and emblem] shown upon such petition 29 shall conform to the requirements of this chapter, relating to party 30 names [and party emblems]. If [such a petition shall not show an emblem,31or] the petition shall fail to select a name for such independent body, 32 the board of elections shall select [an emblem or] a name, [or both] to 33 distinguish the candidates nominated thereby. 34 § 7. Subdivision 4 of section 15-108 of the election law, as separate- 35 ly amended by chapters 106 and 176 of the laws of 2017, is amended to 36 read as follows: 37 4. Independent nominations for elective village offices shall be made 38 by a petition containing the signatures in ink of residents of the 39 village who are registered with the appropriate county board of 40 elections at the time of signing or who are residents of the village who 41 were on the list of registered voters for the last village election in 42 such village. The sheets of such a petition shall be numbered. Such 43 petition must set forth in each instance the correct date of signing, 44 the name of the signer and his or her present address, and may set forth 45 a committee to fill vacancies consisting of at least three persons qual- 46 ified to vote in the village election and their residence within the 47 village. A signer need not himself or herself fill in the date or resi- 48 dence. Each sheet of such petition must be in substantially the follow- 49 ing form and shall contain all the information required therein except 50 as may otherwise be permitted by law. 51 VILLAGE INDEPENDENT NOMINATING PETITIONS. 2302 6 1 I, the undersigned, do hereby state that I am a registered voter of 2 the Village of .........., that my present place of residence is truly 3 stated opposite my signature, and I do hereby nominate the following 4 named person (or persons) as a candidate (or as candidates) for election 5 to public office (or public offices) to be voted for at the election to 6 be held on the ..... day of ........, 20....., and that I select the 7 name .............. (fill in name) as the name of the independent body 8 making the nomination (or nominations) [and ..... (fill in emblem) as9the emblem of such body]. 10 Public Office 11 (include district 12 number, if 13 Name of Candidate applicable) Term Residence 14 .................... ................. ........ ................ 15 .................... ................. ........ ................ 16 I do hereby appoint _ _ _ _ 17 Name Residence 18 ............................. ................................. 19 ............................. ................................. 20 as a committee to fill vacancies in accordance with the provisions of 21 the election law. 22 IN WITNESS WHEREOF, I have signed this petition on the day and year 23 stated before my signature. 24 Date Signature Residence 25 ............. ................. ............... 26 ............. ................. ............... 27 STATEMENT OF WITNESS 28 I, ............... state that I am a duly qualified voter of the State 29 of New York. I now reside at .......... (residence address). Each of the 30 voters whose names are subscribed to this petition sheet, 31 containing ........ (fill in number) signatures, subscribed his or her 32 name in my presence. 33 I understand that this statement will be accepted for all purposes as 34 the equivalent of an affidavit and, if it contains a material false 35 statement, shall subject me to the same penalties as if I had been duly 36 sworn. 37 Date .................... ........................... 38 Signature of Witness 39 § 8. Subdivision 1 of section 16-104 of the election law, as amended 40 by chapter 66 of the laws of 2019, is amended to read as follows: 41 1. The form and content of any ballot, or portion thereof, to be used 42 in an election, and the right to use any [emblem design,] party or inde- 43 pendent body name, may be contested in a proceeding instituted in the 44 supreme court by any aggrieved candidate or by the chairman of any party 45 committee or independent body. 46 § 9. This act shall take effect immediately.
