Bill Text: NY A01464 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to requirements of a witness to a designating petition or independent nominating petition.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2014-06-09 - REFERRED TO ELECTIONS [A01464 Detail]

Download: New_York-2013-A01464-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1464
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A. ABINANTI, PAULIN, BRAUNSTEIN, WEPRIN, JAFFEE,
         HOOPER -- Multi-Sponsored by -- M. of A.  GUNTHER  --  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 an
    6  enrolled voter of the same political party as the  voters  qualified  to
    7  sign the petition[, and who is also a resident of the political subdivi-
    8  sion in which the office or position is to be voted for. However, in the
    9  case  of  a petition for election to the party position of member of the
   10  county committee, residence in the same  county  shall  be  sufficient].
   11  Such a statement shall be accepted for all purposes as the equivalent of
   12  an  affidavit,  and  if  it  contains  a material false statement, shall
   13  subject the person signing it to the same penalties as if he or she  had
   14  been  duly  sworn.  The form of such statement shall be substantially as
   15  follows:
   16                             STATEMENT OF WITNESS
   17    I,..................... (name of witness) state: I am a duly qualified
   18  voter  of  the  State  of  New  York  and  am  an  enrolled   voter   of
   19  the.......................  party.  I  now reside at....................
   20  (residence address).
   21    Each of the individuals whose names are subscribed  to  this  petition
   22  sheet   containing.................   (fill   in   number)   signatures,
   23  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.
                                                                  LBD03645-01-3
       A. 1464                             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    S 2. Subdivision 2 of section 6-140 of the election law, as amended by
   29  chapter 447 of the laws of 2006, is amended to read as follows:
   30    2. In lieu of the signed statement of a witness who is a  duly  quali-
   31  fied  voter of the state [qualified to sign the petition], the following
   32  statement signed by a notary public or commissioner of  deeds  shall  be
   33  accepted:
   34    On  the  dates  above  indicated before me personally came each of the
   35  voters  whose  signatures  appear  on  this  petition  sheet  containing
   36  .......... (fill  in  number) signatures, who signed same in my presence
   37  and who, being by me duly sworn, each for himself or herself, said  that
   38  the foregoing statement made and subscribed by him or her, was true.
   39  Date: ......................
   40                                     ................................
   41                                     (Signature and official title
   42                                      of officer administering oath)
   43    S 3. This act shall take effect on the one hundred twentieth day after
   44  it  shall have become a law. Effective immediately, the addition, amend-
   45  ment and/or repeal of any rules or regulations necessary for the  imple-
   46  mentation of this act on its effective date are authorized to be made on
   47  or before such date.
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