Bill Text: NY A00567 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to requirements of a witness to a designating petition or independent nominating petition.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2017-07-25 - signed chap.106 [A00567 Detail]
Download: New_York-2017-A00567-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 567 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. ABINANTI, PAULIN, BRAUNSTEIN, WEPRIN, JAFFEE, HOOPER, BUCHWALD -- Multi-Sponsored by -- M. of A. GUNTHER, WALKER -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to requirements of witnesses to a designating petition or independent nominating petition The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2 and 3 of section 6-132 of the election law, 2 as amended by chapter 447 of the laws of 2006, are amended to read as 3 follows: 4 2. There shall be appended at the bottom of each sheet a signed state- 5 ment of a witness who is a duly qualified voter of the state [and], who 6 is an enrolled voter of the same political party as the voters qualified 7 to sign the petition[, and who is also a resident of the political8subdivision in which the office or position is to be voted for. However,9in the case of a petition for election to the party position of member10of the county committee, residence in the same county shall be suffi-11cient] and who has not previously signed a petition for another candi- 12 date for the same office. Such a statement shall be accepted for all 13 purposes as the equivalent of an affidavit, and if it contains a materi- 14 al false statement, shall subject the person signing it to the same 15 penalties as if he or she had been duly sworn. The form of such state- 16 ment shall be substantially as follows: 17 STATEMENT OF WITNESS 18 I,..................... (name of witness) state: I am a duly qualified 19 voter of the State of New York and am an enrolled voter of 20 the....................... party. I now reside at.................... 21 (residence address). 22 Each of the individuals whose names are subscribed to this petition 23 sheet containing................. (fill in number) signatures, 24 subscribed the same in my presence on the dates above indicated and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03286-01-7A. 567 2 1 identified himself or herself to be the individual who signed this 2 sheet. 3 I understand that this statement will be accepted for all purposes as 4 the equivalent of an affidavit and, if it contains a material false 5 statement, shall subject me to the same penalties as if I had been duly 6 sworn. 7 Date:....................... .......................... 8 Signature of Witness 9 Witness identification information: The following information must be 10 completed prior to filing with the board of elections in order for this 11 petition sheet to be valid. 12 Town or City County 13 ............ ........ 14 3. In lieu of the signed statement of a witness who is a duly quali- 15 fied voter of the state [qualified to sign the petition], the following 16 statement signed by a notary public or commissioner of deeds shall be 17 accepted: 18 On the dates above indicated before me personally came each of the 19 voters whose signatures appear on this petition sheet containing 20 ............. (fill in number) signatures, who signed same in my pres- 21 ence and who, being by me duly sworn, each for himself or herself, said 22 that the foregoing statement made and subscribed by him or her, was 23 true. 24 Date:.................. 25 ............................. 26 (Signature and official title 27 of officer administering oath) 28 § 2. Paragraph b of subdivision 1 and subdivision 2 of section 6-140 29 of the election law, paragraph b of subdivision 1 as amended by chapter 30 246 of the laws of 2009 and subdivision 2 as amended by chapter 447 of 31 the laws of 2006, is amended to read as follows: 32 b. There shall be appended at the bottom of each sheet a signed state- 33 ment of a witness who is a duly qualified voter of the state and who has 34 not previously signed a petition for another candidate for the same 35 office. Such a statement shall be accepted for all purposes as the 36 equivalent of an affidavit, and if it contains a material false state- 37 ment, shall subject the person signing it to the same penalties as if he 38 or she had been duly sworn. The form of such statement shall be substan- 39 tially as follows: 40 STATEMENT OF WITNESS 41 I, ...................... (name of witness) state: I am a duly quali- 42 fied voter of the State of New York and now reside at 43 ........................................ (residence address). 44 Each of the individuals whose names are subscribed to this petition 45 sheet containing ........ (fill in number) signatures, subscribed the 46 same in my presence on the dates above indicated and identified himself 47 or herself to be the individual who signed this sheet. 48 I understand that this statement will be accepted for all purposes as 49 the equivalent of an affidavit and, if it contains a material false 50 statement, shall subject me to the same penalties as if I had been duly 51 sworn. 52 Date: ................ .........................A. 567 3 1 Signature of Witness 2 Witness identification information: 3 The following information must be completed prior to filing with the 4 board of elections in order for this petition sheet to be valid. 5 Town or City County 6 ............... ......... 7 2. In lieu of the signed statement of a witness who is a duly quali- 8 fied voter of the state [qualified to sign the petition], the following 9 statement signed by a notary public or commissioner of deeds shall be 10 accepted: 11 On the dates above indicated before me personally came each of the 12 voters whose signatures appear on this petition sheet containing 13 .......... (fill in number) signatures, who signed same in my presence 14 and who, being by me duly sworn, each for himself or herself, said that 15 the foregoing statement made and subscribed by him or her, was true. 16 Date: ...................... 17 ................................ 18 (Signature and official title 19 of officer administering oath) 20 § 3. Subdivision 1 of section 6-204 of the election law, as amended by 21 chapter 447 of the laws of 2006, is amended to read as follows: 22 1. Party designations for elective village offices shall be made on a 23 designating petition containing the signatures in ink of residents of 24 the village who are registered to vote with the appropriate county board 25 of elections at the time of signing and who are enrolled in such poli- 26 tical party. The sheets of such a petition shall be numbered. A signer 27 need not himself or herself fill in the date or residence. Each sheet of 28 such petition must be in substantially the following form and shall 29 contain all the information required therein: 30 PARTY DESIGNATING PETITION 31 I, the undersigned do hereby state that I am a registered voter of the 32 Village of ............. and a duly enrolled voter of the ............. 33 party and entitled to vote at the next primary election of such party, 34 that my place of residence is truly stated opposite my signature hereto, 35 and I hereby designate the following named person (or persons) as a 36 candidate or (candidates) for nomination of such party for the public 37 office or (public offices) to be voted for at the primary election to be 38 held on the ...... day of ............ 20.... as hereinafter specified. 39 Name of Candidate Public Office Term Residence 40 .................... ................. .......... ............ 41 .................... ................. .......... ............ 42 I do hereby appoint (insert names and addresses of at least three 43 persons, all of whom shall be enrolled voters of said party) as a 44 committee to fill vacancies in accordance with the provisions of the 45 election law. 46 In witness whereof, I have hereunto set my hand, the day and year 47 placed opposite my signature. 48 Date Name ResidenceA. 567 4 1 ............. ............. ............... 2 ............. ............. ............... 3 STATEMENT OF WITNESS 4 I ............... (name of witness) state: I am a duly qualified voter 5 of the State of New York; and an enrolled voter of the ......... party 6 [and now reside in the Village of ......... County of ......... State7of New York at ............ (residence address) therein]. I now reside 8 at ..... (residence address). Each of the persons whose names are 9 subscribed to this petition sheet containing ......... signatures, 10 subscribed his or her name in my presence. 11 I understand that this statement will be accepted for all purposes as 12 the equivalent of an affidavit and, if it contains a material false 13 statement, shall subject me to the same penalties as if I had been duly 14 sworn. 15 ........................ ................................. 16 Date: Signature of witness 17 In lieu of the signed statement of a witness who is a duly qualified 18 voter of the state qualified to sign the petition, the following state- 19 ment signed by a notary public shall be accepted: 20 On the dates above indicated before me personally came each of the 21 voters whose signatures appear on this petition sheet containing 22 ............. (fill in number) signatures, who signed same in my pres- 23 ence and who, being by me duly sworn, each for himself or herself, said 24 that the foregoing statement made and subscribed by him or her, was 25 true. 26 Date.................. 27 ............................... 28 (Signature and official title 29 of officer administering oath) 30 Page No........ 31 § 4. Subdivision 1 of section 6-206 of the election law, as amended by 32 chapter 447 of the laws of 2006, is amended to read as follows: 33 1. Independent nominations for elective village offices shall be made 34 by a petition containing the signatures in ink of residents of the 35 village who are registered with the appropriate county board of 36 elections at the time of signing. The sheets of such a petition shall be 37 numbered. A signer need not himself or herself fill in the date or resi- 38 dence. Each sheet of such petition must be in substantially the follow- 39 ing form and shall contain all the information required therein: 40 VILLAGE INDEPENDENT NOMINATING PETITION 41 I, the undersigned, do hereby state that I am a registered voter of 42 the Village of......., that my present place of residence is truly stat- 43 ed opposite my signature, and I do hereby nominate the following named 44 person (or persons) as a candidate (or as candidates) for election to 45 public office (or public offices) to be voted for at the election to be 46 held on the.....day of........, 20....., and that I select the 47 name........... (fill in name) as the name of the independent bodyA. 567 5 1 making the nomination (or nominations) and.....(fill in emblem) as the 2 emblem of such body. 3 Name of 4 Candidate Public Office Term Residence 5 ............. .................... .... ............... 6 ............. .................... .... ............... 7 I do hereby appoint (insert names and addresses of at least three 8 persons, all of whom shall be registered voters within such village) as 9 a committee to fill vacancies in accordance with the provisions of the 10 election law. 11 In witness whereof, I have signed this petition on the day and year 12 stated before my signature. 13 Date Signature Residence 14 .......... ................. ................... 15 .......... ................. ................... 16 STATEMENT OF WITNESS 17 I, ..................... state that I am a duly qualified voter [and18now reside at ...................... (residence address) in the Village19of ................ in the State of New York in the County of20.................] of the State of New York. I now reside 21 at ................ (residence address). Each of the voters whose names 22 are subscribed to this petition sheet containing ................ (fill 23 in number) signatures, subscribed his or her name in my presence. 24 I understand that this statement will be accepted for all purposes as 25 the equivalent of an affidavit and, if it contains a material false 26 statement, shall subject me to the same penalties as if I had been duly 27 sworn. 28 ....................... .............................. 29 Date Signature of witness 30 § 5. Paragraph a of subdivision 3 of section 15-108 of the election 31 law, as amended by chapter 447 of the laws of 2006, is amended to read 32 as follows: 33 a. Party designations for elective village offices shall be made on a 34 designating petition containing the signatures in ink of residents of 35 the village who are registered to vote with the appropriate county board 36 of elections at the time of signing and who are enrolled in such poli- 37 tical party. The sheets of such a petition shall be numbered. Such peti- 38 tion must set forth in each instance the correct date of signing, the 39 name of the signer, and his or her present address, and may set forth a 40 committee to fill vacancies consisting of at least three qualified 41 voters of the village enrolled in such party and their residence within 42 the village. A signer need not himself or herself fill in the date or 43 residence. Each sheet of such petition must be in substantially the 44 following form and shall contain all the information required therein: 45 PARTY DESIGNATING PETITION 46 I, the undersigned do hereby state that I am a registered voter of the 47 Village of ...... and a duly enrolled voter of the ........ party and 48 entitled to vote at the next primary election of such party, that my 49 place of residence is truly stated opposite my signature hereto, and I 50 hereby designate the following named person (or persons) as a candidateA. 567 6 1 (or candidates) for nomination of such party for the public office (or 2 public offices) to be voted for at the primary election to be held on 3 the ...... day of ........... 20.... as hereinafter specified. 4 Name of Candidate Public Office Term Residence 5 .................... ................. ....... ............... 6 .................... ................. ....... ............... 7 I do hereby appoint (insert names and addresses of at least three 8 persons, all of whom shall be enrolled voters of said party) as a 9 committee to fill vacancies in accordance with the provisions of the 10 election law. 11 IN WITNESS WHEREOF, I have hereunto set my hand, the day and year 12 placed opposite my signature. 13 Date Name Residence 14 ............. ............. ............... 15 ............. ............. ............... 16 STATEMENT OF WITNESS 17 I ............... (name of witness) state: I am a duly qualified voter 18 of the State of New York; and an enrolled voter of the ......... party 19 [and now reside in the Village of ......... County of ......... State of20New York at ............ (residence address) therein]. I now reside 21 at ..............(residence address). Each of the persons whose names 22 are subscribed to this petition sheet containing ......... signatures, 23 subscribed his or her name in my presence. 24 I understand that this statement will be accepted for all purposes as 25 the equivalent of an affidavit and, if it contains a material false 26 statement, shall subject me to the same penalties as if I had been duly 27 sworn. 28 § 6. Subdivision 4 of section 15-108 of the election law, as amended 29 by chapter 447 of the laws of 2006, is amended to read as follows: 30 4. 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 or who are residents of the village who 34 were on the list of registered voters for the last village election in 35 such village. The sheets of such a petition shall be numbered. Such 36 petition must set forth in each instance the correct date of signing, 37 the name of the signer and his or her present address, and may set forth 38 a committee to fill vacancies consisting of at least three persons qual- 39 ified to vote in the village election and their residence within the 40 village. A signer need not himself or herself fill in the date or resi- 41 dence. Each sheet of such petition must be in substantially the follow- 42 ing form and shall contain all the information required therein except 43 as may otherwise be permitted by law. 44 VILLAGE INDEPENDENT NOMINATING PETITION 45 I, the undersigned, do hereby state that I am a registered voter of 46 the Village of .........., that my present place of residence is truly 47 stated opposite my signature, and I do hereby nominate the followingA. 567 7 1 named person (or persons) as a candidate (or as candidates) for election 2 to public office (or public offices) to be voted for at the election to 3 be held on the ..... day of ........, 20....., and that I select the 4 name .............. (fill in name) as the name of the independent body 5 making the nomination (or nominations) and ..... (fill in emblem) as the 6 emblem of such body. 7 Name of Candidate Public Office Term Residence 8 .................... ................. ........ ................. 9 .................... ................. ........ ................. 10 I do hereby appoint _ _ _ _ 11 Name Residence 12 ............................. ................................. 13 ............................. ................................. 14 as a committee to fill vacancies in accordance with the provisions of 15 the election law. 16 IN WITNESS WHEREOF, I have signed this petition on the day and year 17 stated before my signature. 18 Date Signature Residence 19 ............. ................. ............... 20 ............. ................. ............... 21 STATEMENT OF WITNESS 22 I, ............... state that I am a duly qualified voter [and now23reside at ............. (residence address) in the Village24of ........... in] of the State of New York [in the County25of ........]. I now reside at .......... (residence address). Each of 26 the voters whose names are subscribed to this petition sheet, 27 containing ........ (fill in number) signatures, subscribed his or her 28 name in my presence. 29 I understand that this statement will be accepted for all purposes as 30 the equivalent of an affidavit and, if it contains a material false 31 statement, shall subject me to the same penalties as if I had been duly 32 sworn. 33 Date .................... ........................... 34 Signature of Witness 35 § 7. This act shall take effect on the one hundred twentieth day after 36 it shall have become a law. Effective immediately, the addition, amend- 37 ment and/or repeal of any rules or regulations necessary for the imple- 38 mentation of this act on its effective date are authorized to be made on 39 or before such date.
