Bill Text: NY A00242 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "nominating petitions streamlining act"; provides that candidates shall file a notice of intent to circulate designating petitions and pay a fee of five hundred dollars to the board of elections and if only one person of a particular party files such a notice for a particular position then he shall not need to file a designating petition to have his name placed on the ballot for such party.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to election law [A00242 Detail]
Download: New_York-2011-A00242-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 242 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. LANCMAN -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law, in relation to enacting the "nominat- ing petitions streamlining act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "nominating petitions streamlining act". 3 S 2. Subdivision 6 of section 6-104 of the election law, as amended by 4 chapter 79 of the laws of 1992, is amended to read as follows: 5 6. The meeting of the state committee for the purpose of designating 6 candidates shall be held not earlier than twenty-one days before the 7 first day to [sign designating petitions] FILE A NOTICE OF INTENT TO 8 CIRCULATE A DESIGNATING PETITION and not later than the first day to 9 [sign designating petitions] FILE A NOTICE OF INTENT TO CIRCULATE A 10 DESIGNATING PETITION for the primary election. 11 S 2. Subdivision 1 of section 6-108 of the election law, as amended by 12 chapter 160 of the laws of 1996, is amended to read as follows: 13 1. In any town in a county having a population of over seven hundred 14 fifty thousand inhabitants, as shown by the latest federal decennial or 15 special population census, party nominations of candidates for town 16 offices shall be made at the primary preceding the election. In any 17 other town, nominations of candidates for town offices shall be made by 18 caucus or primary election as the rules of the county committee shall 19 provide, except that the members of the county committee from a town may 20 adopt by a two-thirds vote, a rule providing that the party candidates 21 for town offices shall be nominated at the primary election. If a rule 22 adopted by the county committee of a political party or by the members 23 of the county committee from a town, provides that party candidates for 24 town offices, shall be nominated at a primary election, such rule shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01415-01-1 A. 242 2 1 not apply to nor affect a primary held less than four months after a 2 certified copy of the rule shall have been filed with the board of 3 elections. After the filing of such a rule, the rule shall continue in 4 force until a certified copy of a rule revoking the same shall have been 5 filed with such board at least four months before a subsequent primary. 6 Such a caucus shall be held no earlier than the first day on which 7 [designating petitions] NOTICE OF INTENT TO CIRCULATE A DESIGNATING 8 PETITION for the fall primary election may be [signed] FILED. 9 S 3. Section 6-116 of the election law, as amended by chapter 373 of 10 the laws of 1978, is amended to read as follows: 11 S 6-116. Party nominations; election to fill a vacancy. A party nomi- 12 nation of a candidate for election to fill a vacancy in an elective 13 office required to be filled at the next general election, occurring 14 after seven days before the last day for [circulating designating 15 petitions] FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION 16 or after the holding of the meeting or convention to nominate or desig- 17 nate candidates for such, shall be made, after the day of the primary 18 election, by a majority vote of a quorum of the state committee if the 19 vacancy occurs in an office to be filled by all voters of the state, and 20 otherwise by a majority vote of a quorum of the members of a county 21 committee or committees last elected in the political subdivision in 22 which such vacancy is to be filled, or by a majority of such other 23 committee as the rules of the party may provide. A certificate of nomi- 24 nation shall be filed as provided for herein. 25 S 4. Section 6-118 of the election law, as amended by chapter 9 of the 26 laws of 1978, is amended to read as follows: 27 S 6-118. Designation and nomination by petition. Except as otherwise 28 provided by this article, the designation of a candidate for party nomi- 29 nation at a primary election and the nomination of a candidate for 30 election to a party position to be elected at a primary election shall 31 be by FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION AND 32 PAYING A FEE OF FIVE HUNDRED DOLLARS TO THE BOARD OF ELECTIONS AND BY 33 designating petition. 34 S 5. The election law is amended by adding a new section 6-117 to read 35 as follows: 36 S 6-117. NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION. 1. A 37 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, WITH ALL REQUIRED 38 INFORMATION CONTAINED THEREIN, SHALL BE FILED IN THE SAME PLACES AND 39 MANNER AS PROVIDED FOR DESIGNATING PETITIONS, AND SHALL BE FILED NO 40 EARLIER THAN THIRTY DAYS BEFORE THE FIRST DAY TO SIGN DESIGNATING 41 PETITIONS AND NO LATER THAN SEVEN DAYS BEFORE THE FIRST DAY TO SIGN 42 DESIGNATING PETITIONS. 43 2. A FEE OF FIVE HUNDRED DOLLARS SHALL BE PAID TO THE BOARD OF 44 ELECTIONS AT THE TIME OF FILING THE NOTICE OF INTENT TO CIRCULATE A 45 DESIGNATING PETITION WITH THE BOARD OF ELECTIONS. 46 3. IF ONLY ONE PERSON FROM A PARTY HAS FILED A NOTICE OF INTENT TO 47 CIRCULATE A DESIGNATING PETITION FOR A PARTICULAR POSITION AND PAID THE 48 REQUISITE FEE TO THE BOARD OF ELECTIONS THEN THAT PERSON SHALL BE NAMED 49 ON THE BALLOT WITHOUT HAVING TO CIRCULATE A DESIGNATING PETITION. FOR 50 THE PURPOSES OF THIS TITLE, A PERSON WHO IS NAMED ON THE BALLOT WITHOUT 51 HAVING TO CIRCULATE A DESIGNATING PETITION SHALL BE CONSIDERED AS BEING 52 NOMINATED BY PETITION. 53 4. THE STATE BOARD OF ELECTIONS SHALL PREPARE A SAMPLE FORM OF A 54 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION WHICH MEETS THE 55 REQUIREMENTS OF THIS SECTION AND SHALL DISTRIBUTE OR CAUSE SUCH FORMS TO 56 BE DISTRIBUTED TO EACH BOARD OF ELECTIONS. SUCH FORMS SHALL BE MADE A. 242 3 1 AVAILABLE TO THE PUBLIC, UPON REQUEST, BY THE STATE BOARD OF ELECTIONS 2 AND EACH SUCH BOARD. ANY NOTICE OF INTENT TO CIRCULATE A DESIGNATING 3 PETITION THAT IS A COPY OF SUCH A SAMPLE SHALL BE DEEMED TO MEET THE 4 REQUIREMENTS OF FORM OF A NOTICE OF INTENT TO CIRCULATE A DESIGNATING 5 PETITION. 6 5. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION MAY DESIG- 7 NATE CANDIDATES FOR NOMINATION FOR ONE OR MORE DIFFERENT PUBLIC OFFICES 8 OR FOR NOMINATION FOR ELECTION TO ONE OR MORE PARTY POSITIONS OR BOTH, 9 BUT DESIGNATIONS OR NOMINATIONS FOR WHICH THE NOTICES ARE REQUIRED TO BE 10 FILED IN DIFFERENT OFFICES OR NOTICES FOR THE SAME PUBLIC OFFICE OR 11 PARTY POSITION IN DIFFERENT POLITICAL SUBDIVISIONS MAY NOT BE COMBINED 12 IN THE SAME NOTICE. IF TWO OR MORE OFFICES HAVING THE SAME TITLE ARE TO 13 BE FILLED FOR DIFFERENT TERMS, THE TERMS OF OFFICE SHALL BE INCLUDED AS 14 PART OF THE TITLE OF THE OFFICE. 15 6. NOTICES OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE 16 DELIVERED TO THE BOARD OF ELECTIONS IN THE MANNER PRESCRIBED BY REGU- 17 LATIONS THAT SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS. SUCH 18 REGULATIONS SHALL BE NO MORE RESTRICTIVE THAN IS REASONABLY NECESSARY 19 FOR THE PROCESSING OF SUCH NOTICES BY THE BOARD OF ELECTIONS. SUCH 20 REGULATIONS SHALL BE BINDING ON THE BOARDS OF ELECTION IN EACH COUNTY 21 AND IN THE CITY OF NEW YORK. WHEN A DETERMINATION IS MADE THAT A NOTICE 22 OF INTENT TO CIRCULATE A DESIGNATING PETITION DOES NOT COMPLY WITH SUCH 23 REGULATIONS, THE CANDIDATE SHALL HAVE THREE BUSINESS DAYS FROM THE DATE 24 OF SUCH DETERMINATION TO CURE THE VIOLATION. 25 S 6. Subdivision 3 of section 6-120 of the election law, as amended by 26 chapter 226 of the laws of 1982, is amended to read as follows: 27 3. The members of the party committee representing the political 28 subdivision of the office for which a designation or nomination is to be 29 made, unless the rules of the party provide for another committee, in 30 which case the members of such other committee, and except as hereinaft- 31 er in this subdivision provided with respect to certain offices in the 32 city of New York, may, by a majority vote of those present at such meet- 33 ing provided a quorum is present, authorize the designation or nomi- 34 nation of a person as candidate for any office who is not enrolled as a 35 member of such party as provided in this section. In the event that such 36 designation or nomination is for an office to be filled by all the 37 voters of the city of New York, such authorization must be by a majority 38 vote of those present at a joint meeting of the executive committees of 39 each of the county committees of the party within the city of New York, 40 provided a quorum is present at such meeting. The certificate of author- 41 ization shall be filed not later than four days after the last day to 42 file the NOTICE OF INTENT TO CIRCULATE A designating petition, certif- 43 icate of nomination or certificate of substitution to which such author- 44 ization relates. The certificate of authorization shall be signed and 45 acknowledged by the presiding officer and the secretary of the meeting 46 at which such authorization was given. 47 S 7. Section 6-144 of the election law, as amended by chapter 635 of 48 the laws of 1990, the opening paragraph as amended by chapter 150 of the 49 laws of 1996, is amended to read as follows: 50 S 6-144. Nominating and designating petitions and certificates; place 51 for filing. Petitions, NOTICES, FEES, certificates and minutes speci- 52 fied in this article shall be filed in the office of the [Board] BOARD 53 of [Elections] ELECTIONS of the county, except as follows: for an 54 office or position to be voted for wholly within the city of New York, 55 in the office of the [Board] BOARD of [Elections] ELECTIONS of that 56 city; for an office or position to be voted for in a district greater A. 242 4 1 than one county, or portions of two or more counties, in the office of 2 the state board of elections; for a village office to be filled in a 3 village election not conducted by the board of elections, in the office 4 of the village clerk. All such petitions, NOTICES, FEES and certificates 5 shall at the time of filing thereof be endorsed by such officer or board 6 with the day, hour and minute of such filing. Such officer or board 7 shall keep a book, which shall be open to public inspection in which 8 shall be entered the times of filing all such petitions, NOTICES, FEES, 9 and certificates; the names and residences of all candidates named ther- 10 ein; the names and residences of all candidates certified to such offi- 11 cer or board; the title of the office or party position; the name of the 12 party or independent body to which the petition, NOTICE, AND FEE or 13 certificate relates and a memorandum of any objections to such petition, 14 NOTICE, or certificate. Forthwith upon the filing of a petition, NOTICE, 15 AND FEE or certificate designating or nominating a person or persons for 16 public office, such officer or board shall mail notice thereof to each 17 such person. Such notice shall also state the last day to decline such 18 designation or nomination, and include a statement that the candidate's 19 name shall appear on the ballot as it appears in such notice. 20 S 8. Section 6-154 of the election law, subdivision 2 as amended by 21 chapter 248 of the laws of 1981, is amended to read as follows: 22 S 6-154. Nominations and designations; objections to. 1. Any petition 23 OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION filed with the 24 officer or board charged with the duty of receiving it shall be presump- 25 tively valid if it is in proper form and appears to bear the requisite 26 number of signatures, authenticated in a manner prescribed by this chap- 27 ter. 28 2. Written objections to any certificate of designation or nomination 29 or to a nominating or designating petition, NOTICE OF INTENT TO CIRCU- 30 LATE A DESIGNATING PETITION or a petition for opportunity to ballot for 31 public office or to a certificate of acceptance, a certificate of 32 authorization, a certificate of declination or a certificate of substi- 33 tution relating thereto may be filed by any voter registered to vote for 34 such public office and to a designating petition OR NOTICE OF INTENT TO 35 CIRCULATE A DESIGNATING PETITION or a petition for opportunity to ballot 36 for party position or a certificate of substitution, a certificate of 37 acceptance or a certificate of declination relating thereto by any voter 38 enrolled to vote for such party position. Such objections shall be filed 39 with the officer or board with whom the original petition OR NOTICE OF 40 INTENT TO CIRCULATE A DESIGNATING PETITION or certificate is filed with- 41 in three days after the filing of the petition OR NOTICE OF INTENT TO 42 CIRCULATE A DESIGNATING PETITION or certificate to which objection is 43 made, or within three days after the last day to file such a certif- 44 icate, if no such certificate is filed except that if any person nomi- 45 nated by an independent nominating petition, is nominated as a party 46 candidate for the same office by a party certificate filed, or a party 47 nomination made after the filing of such petition, the written objection 48 to such petition may be filed within three days after the filing of such 49 party certificate or the making of such party nomination. When such an 50 objection is filed, specifications of the grounds of the objections 51 shall be filed within six days thereafter with the same officer or board 52 and if specifications are not timely filed, the objection shall be null 53 and void. Each such officer or board is hereby empowered to make rules 54 in reference to the filing and disposition of such petition, NOTICE OF 55 INTENT TO CIRCULATE A DESIGNATING PETITION, certificate, objections and 56 specifications. A. 242 5 1 3. When a determination is made that a certificate or petition OR 2 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION is insufficient, 3 such officer or board shall give notice of the determination forthwith 4 by mail to each candidate named in the petition, NOTICE or certificate, 5 and, if the determination is made upon specified objections, the objec- 6 tor shall be notified. 7 S 9. The section heading and subdivision 1 of section 6-158 of the 8 election law, subdivision 1 as amended by chapter 434 of the laws of 9 1984, are amended to read as follows: 10 Nominating and designating petitions, NOTICE OF INTENT TO CIRCULATE A 11 DESIGNATING PETITION and certificates, conventions; times for filing and 12 holding. 1. (A) A designating petition shall be filed not earlier than 13 the tenth Monday before, and not later than the ninth Thursday preceding 14 the primary election. 15 (B) A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE 16 FILED NOT EARLIER THAN THIRTY DAYS BEFORE, AND NOT LATER THAN SEVEN DAYS 17 BEFORE, THE FIRST DAY TO SIGN A DESIGNATING PETITION. 18 S 10. Subdivision 3 of section 6-168 of the election law, as added by 19 chapter 143 of the laws of 1979, is amended to read as follows: 20 3. If, at any primary election in which more than one nomination is to 21 be made for the office of judge of the civil court of the city of New 22 York in any borough of such city or in any civil court district within 23 any such borough, only one candidate is designated for any such vacancy, 24 such candidate shall be deemed nominated and his name shall not appear 25 upon the primary ballot unless a NOTICE OF INTENT TO CIRCULATE A DESIG- 26 NATING PETITION AND, IF REQUIRED, A petition for opportunity to ballot 27 for such vacancy is filed pursuant to the provisions of this chapter. 28 S 11. Section 1-106 of the election law, subdivision 1 as amended by 29 chapter 700 of the laws of 1977, is amended to read as follows: 30 S 1-106. Filing of papers; when received. 1. All papers required to be 31 filed pursuant to the provisions of this chapter shall, unless otherwise 32 provided, be filed between the hours of nine A.M. and five P.M. If the 33 last day for filing shall fall on a Saturday, Sunday or legal holiday, 34 the next business day shall become the last day for filing. All papers 35 sent by mail in an envelope postmarked prior to midnight of the last day 36 of filing shall be deemed timely filed and accepted for filing when 37 received, except that all certificates and petitions of designation or 38 nomination, NOTICES OF INTENT TO CIRCULATE A DESIGNATING PETITION, 39 certificates of acceptance or declination of such designations and nomi- 40 nations, certificates of substitution for such designations or nomi- 41 nations and objections and specifications of objections to such certif- 42 icates and petitions required to be filed with the board of elections of 43 the city of New York must be actually received by such city board of 44 elections on or before the last day to file any such NOTICE, petition, 45 certificate or objection and such office shall be open for the receipt 46 of such NOTICES, petitions, certificates and objections until midnight 47 on the last day to file any such NOTICE, petition, certificate or 48 objection. Failure of the post office or any other person or entity to 49 deliver any such NOTICE, petition, certificate or objection to such city 50 board of elections on or before such last day shall be a fatal defect. 51 2. The failure to file any NOTICE, petition or certificate relating to 52 the designation or nomination of a candidate for party position or 53 public office or to the acceptance or declination of such designation or 54 nomination within the time prescribed by the provisions of this chapter 55 shall be a fatal defect. A. 242 6 1 S 12. Subdivisions 6 and 6-a of section 3-220 of the election law, 2 subdivision 6 as amended by chapter 163 of the laws of 1994, and subdi- 3 vision 6-a as added by chapter 324 of the laws of 1977, are amended to 4 read as follows: 5 6. All petitions, NOTICES, certificates, objections or papers filed or 6 deposited with a board or officer before an election or primary and 7 relating to designations or nominations, and all registers, books, 8 statements, returns or papers so filed or deposited after registration, 9 enrollment, election or primary at which they were used or to which they 10 relate, not including, however, the voted, unused, protested, void or 11 wholly blank ballots, shall be preserved by such board or officer for at 12 least two years after the receipt thereof and until the determination of 13 any action or proceeding touching the same or in which they are ordered 14 to be preserved pending the action or proceeding and at the expiration 15 of such time they may be either destroyed or sold. Lists of registered 16 voters with computer generated facsimile signatures used in lieu of 17 registration poll records at any election shall be preserved until the 18 end of the fourth calendar year after the year of such election. In all 19 jurisdictions, the original statements of results made by the state 20 board of canvassers or a county or city board of canvassers and any 21 original record specifying the name of a person declared to have been 22 elected to a public office shall not be destroyed or sold but shall be 23 preserved, as part of the records of such board or officer, until other- 24 wise provided by law. 25 6-a. During the period prescribed by subdivision six of this section, 26 no petition OR NOTICE shall be removed from the office of the board of 27 elections for copying or any other purpose except while in the custody, 28 or under the supervision of a member or employee of such board or pursu- 29 ant to court order. 30 S 13. Subdivision 3 of section 3-502 of the election law, as renum- 31 bered by chapter 180 of the laws of 2005, is amended to read as follows: 32 3. All petitions, NOTICES and certificates of nomination or desig- 33 nation, or of declination thereof, for an election to which this section 34 applies, and all statements of receipts and expenditures relating to 35 such an election, required to be filed with any officer of Nassau coun- 36 ty, or political subdivision therein shall be filed with the board of 37 elections. 38 S 14. Subdivision 3 of section 3-504 of the election law, as renum- 39 bered by chapter 180 of the laws of 2005, is amended to read as follows: 40 3. All petitions, NOTICES and certificates of nomination or desig- 41 nation, or of declination thereof, for an election to which this section 42 applies, and all statements of receipts and expenditures required to be 43 filed with any officer of Suffolk county, or political subdivision ther- 44 ein shall be filed with the board of elections. 45 S 15. The section heading and subdivisions 1 and 2 of section 6-210 of 46 the election law, as added by chapter 359 of the laws of 1989, are 47 amended to read as follows: 48 Petitions, NOTICES and certificates; place and times for filing. 1. 49 Petitions, NOTICES and certificates specified in this title shall be 50 filed with the county board of elections. 51 2. a. A certificate of party nomination for an office to be filled at 52 the time of a general or special village election for offices shall be 53 filed not earlier than fifty-four days nor later than forty-seven days 54 preceding the election. 55 b. A certificate of acceptance or declination of a party nomination 56 for an office to be filled at the time of a general or special village A. 242 7 1 election shall be filed not later than forty-four days prior to such 2 election. 3 c. A certificate to fill a vacancy caused by declination of a party 4 nomination for an office to be filled at the time of a general or 5 special village election shall be filed not later than forty-one days 6 prior to such election. 7 d. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE 8 FILED NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN DAYS PRIOR TO 9 THE START OF PETITIONING. 10 E. Party designating petitions for a village primary election shall be 11 filed not earlier than twenty-two days nor later than fifteen days prior 12 to the primary election. Upon such a filing, the board of elections 13 shall immediately notify the village election chairman of such party and 14 the person or persons designated in such petition of the fact of such 15 filing and that such petition may be inspected in its office. 16 [e.] F. A written declination of a party designation must be filed 17 within three days of the date of the filing of the designating petition. 18 Upon the filing of such declination, the board of elections shall, with- 19 in one day notify the committee to fill vacancies named in the petition. 20 A certificate to fill the vacancy caused by a declination or any other 21 reason must be filed within three days after the date of the notice to 22 the committee to fill vacancies and shall have appended thereto the 23 written consent of the person or persons designated. 24 S 16. Section 6-212 of the election law, as added by chapter 359 of 25 the laws of 1989, is amended to read as follows: 26 S 6-212. Designations and nominations, objections. Written objections 27 to a nominating or designating petition, NOTICE OF INTENT TO CIRCULATE A 28 DESIGNATING PETITION, or to a certificate of nomination, certificate of 29 acceptance, certificate of authorization, certificate of declination or 30 certificate of substitution with respect to an office to be filled at a 31 general or special village election may be filed not later than the day 32 after the last day to file such petition, NOTICE OF INTENT TO CIRCULATE 33 A DESIGNATING PETITION, or certificate, or the day after such petition, 34 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, or certificate is 35 received by the board of elections if such petition, NOTICE OF INTENT TO 36 CIRCULATE A DESIGNATING PETITION, or certificate is mailed within the 37 time permitted by law, whichever is later. Written specifications of the 38 grounds for such objections shall be so filed within two days thereaft- 39 er. A failure to file such written specifications shall render the 40 original objection null and void. Upon receipt of written specifica- 41 tions, the county board of elections shall immediately notify each 42 candidate named in such petition, NOTICE OF INTENT TO CIRCULATE A DESIG- 43 NATING PETITION, or certificate and take all steps necessary and 44 consistent with this chapter to render a determination on the questions 45 raised in such objections and specifications. When a determination has 46 been made by the county board of elections that the petition, NOTICE OF 47 INTENT TO CIRCULATE A DESIGNATING PETITION, is sufficient or insuffi- 48 cient, it shall immediately notify each candidate named in the petition, 49 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, or certificate, 50 and, if such determination was made on objection, the objector. 51 S 17. Paragraphs (c) and (d) of subdivision 1 and paragraph (e) of 52 subdivision 2 of section 7-114 of the election law, paragraph (c) of 53 subdivision 1 as amended by chapter 433 of the laws of 1984 and para- 54 graph (d) of subdivision 1 as amended and paragraph (e) of subdivision 2 55 as added by chapter 234 of the laws of 1976, are amended to read as 56 follows: A. 242 8 1 (c) Where a candidate for nomination for the same public office or for 2 election to the same party position is designated by two or more 3 petitions OR NOTICES, his name shall be placed upon the ballot for the 4 primary election but once as such a candidate. 5 (d) The ballot shall not contain a space for voting for candidates for 6 uncontested offices and positions, and no ballot shall be printed for a 7 party whose primary is uncontested unless a [petition for opportunity to 8 ballot] NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION has been 9 filed. 10 (e) The names of candidates on paper ballots shall be numbered with 11 arabic numerals printed in heavy faced type beginning with "one" for the 12 first candidate named in the first part and continuing in numerical 13 order to and including the last candidate named in the last part, except 14 that where two or more candidates are to be elected to a party position, 15 the names of candidates designated by each petition OR NOTICE shall be 16 grouped, and each group shall have but one number, which shall be print- 17 ed opposite the approximate center of the group. 18 S 18. Paragraph a of subdivision 3 and subdivision 7 of section 15-108 19 of the election law, paragraph a of subdivision 3 as amended by chapter 20 447 of the laws of 2006, subdivision 7 as amended by chapter 462 of the 21 laws of 1977 and paragraph (e) of subdivision 7 as amended by chapter 9 22 of the laws of 1978, are amended to read as follows: 23 a. Party designations for elective village offices shall be made [on] 24 BY FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION AND 25 PAYING A FEE OF FIVE HUNDRED DOLLARS. IF MORE THAN ONE PERSON FROM A 26 PARTICULAR PARTY FILES A NOTICE OF INTENT TO CIRCULATE A DESIGNATING 27 PETITION FOR A PARTICULAR POSITION THEN a designating petition contain- 28 ing the signatures in ink of residents of the village who are registered 29 to vote with the appropriate county board of elections at the time of 30 signing and who are enrolled in such political party SHALL BE FILED. 31 The sheets of such a petition shall be numbered. Such petition must set 32 forth in each instance the correct date of signing, the name of the 33 signer, and his or her present address, and may set forth a committee to 34 fill vacancies consisting of at least three qualified voters of the 35 village enrolled in such party and their residence within the village. A 36 signer need not himself or herself fill in the date or residence. Each 37 sheet of such petition must be in substantially the following form and 38 shall contain all the information required therein: 39 PARTY DESIGNATING PETITION 40 I, the undersigned do hereby state that I am a registered voter of the 41 Village of ...... and a duly enrolled voter of the ........ party and 42 entitled to vote at the next primary election of such party, that my 43 place of residence is truly stated opposite my signature hereto, and I 44 hereby designate the following named person (or persons) as a candidate 45 (or candidates) for nomination of such party for the public office (or 46 public offices) to be voted for at the primary election to be held on 47 the ...... day of ........... 20.... as hereinafter specified. 48 Name of Candidate Public Office Term Residence 49 .................... ................. ....... ............... 50 .................... ................. ....... ............... A. 242 9 1 I do hereby appoint (insert names and addresses of at least three 2 persons, all of whom shall be enrolled voters of said party) as a 3 committee to fill vacancies in accordance with the provisions of the 4 election law. 5 IN WITNESS WHEREOF, I have hereunto set my hand, the day and year 6 placed opposite my signature. 7 Date Name Residence 8 ............. ............. ............... 9 ............. ............. ............... 10 STATEMENT OF WITNESS 11 I ............... (name of witness) state: I am a duly qualified voter 12 of the State of New York; and an enrolled voter of the ......... party 13 and now reside in the Village of ......... County of ......... State of 14 New York at ............ (residence address) therein. Each of the 15 persons whose names are subscribed to this petition sheet 16 containing ......... signatures, subscribed his or her name in my pres- 17 ence. 18 I understand that this statement will be accepted for all purposes as 19 the equivalent of an affidavit and, if it contains a material false 20 statement, shall subject me to the same penalties as if I had been duly 21 sworn. 22 ....................... ........................... 23 Date Signature of Witness 24 page no. ......... 25 7. a. A certificate of party nomination for an office to be filled at 26 the time of a general or special village election for offices shall be 27 filed not earlier than fifty-four days nor later than forty-seven days 28 preceding the election. 29 b. A certificate of acceptance or declination of a party nomination 30 for an office to be filled at the time of a general or special village 31 election shall be filed not later than forty-four days prior to such 32 election. 33 c. A certificate to fill a vacancy caused by declination of a party 34 nomination for an office to be filled at the time of a general or 35 special village election shall be filed not later than forty-one days 36 prior to such election. 37 d. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE 38 FILED AND A FEE OF FIVE HUNDRED DOLLARS SHALL BE PAID IN THE OFFICE OF 39 THE VILLAGE CLERK NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN DAYS 40 PRIOR TO THE FIRST DAY TO SIGN DESIGNATING PETITIONS. 41 E. Party designating petitions for a village primary election shall be 42 filed in the office of the village clerk not earlier than twenty-two 43 days nor later than fifteen days prior to the primary election. Upon 44 such a filing, the village clerk shall immediately notify the village 45 election chairman of such party and the person or persons designated in 46 such petition of the fact of such filing and that such petition may be 47 inspected in his office. 48 [(e)] F. A written declination of a party designation must be filed in 49 the office of the village clerk within three days of the date of the 50 filing of the designating petition. Upon the filing of such declina- 51 tion, the village clerk shall, within one day notify the committee to A. 242 10 1 fill vacancies named in the petition. A certificate to fill the vacancy 2 caused by a declination or any other reason must be filed with the 3 village clerk within three days after the date of the notice to the 4 committee to fill vacancies and shall have appended thereto the written 5 consent of the person or persons designated. 6 S 19. Subdivisions 1 and 2 of section 16-102 of the election law, 7 subdivision 1 as amended by chapter 373 of the laws of 1978 and subdivi- 8 sion 2 as amended by chapter 79 of the laws of 1992, are amended to read 9 as follows: 10 1. The nomination or designation of any candidate for any public 11 office or party position or any independent nomination, or the holding 12 of an uncontested primary election, by reason of a petition for an 13 opportunity to ballot OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING 14 PETITION having been filed, or the election of any person to any party 15 position may be contested in a proceeding instituted in the supreme 16 court by any aggrieved candidate, or by the chairman of any party 17 committee or by a person who shall have filed objections, as provided in 18 this chapter, except that the chairman of a party committee may not 19 bring a proceeding with respect to a designation or the holding of an 20 otherwise uncontested primary. 21 2. A proceeding with respect to a petition OR NOTICE shall be insti- 22 tuted within fourteen days after the last day to file the petition OR 23 NOTICE, or within three business days after the officer or board with 24 whom or which such petition OR NOTICE was filed, makes a determination 25 of invalidity with respect to such petition OR NOTICE, whichever is 26 later; except that a proceeding with respect to a petition OR NOTICE for 27 a village election or an independent nomination for a special election 28 shall be instituted within seven days after the last day to file the 29 petition OR NOTICE for such village election or independent nomination 30 or within three business days after the officer or board with whom or 31 which such petition OR NOTICE was filed, makes a determination of inva- 32 lidity with respect to such petition OR NOTICE, whichever is later. A 33 proceeding with respect to a primary, convention, meeting of a party 34 committee, or caucus shall be instituted within ten days after the hold- 35 ing of such primary or convention or the filing of the certificate of 36 nominations made at such caucus or meeting of a party committee. 37 S 20. This act shall take effect immediately.