Bill Text: NY A05874 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that for any legal challenge to the constitutionality of a provision of the election law, venue shall be brought in the following designated court in the judicial department within which at least one plaintiff is located: first judicial department: New York county; second judicial department: Westchester county; third judicial department: Albany county; and fourth judicial department: Erie county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-06-09 - substituted by s350 [A05874 Detail]

Download: New_York-2023-A05874-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5874

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Election Law

        AN ACT to amend the election law, in relation to legal challenges to the
          constitutionality of provisions of such law

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

     1    Section 1. The election law is amended by adding a new section  16-101
     2  to read as follows:
     3    § 16-101. Actions  or proceedings challenging provisions of this chap-
     4  ter.  1. Notwithstanding any other law to the contrary, in any action or
     5  proceeding in which any party  challenges  the  constitutionality  of  a
     6  provision of this chapter, and any related statutory claims, venue shall
     7  be  proper  only in one of the following designated courts in a judicial
     8  department within which at least one plaintiff is located:
     9    (a) first judicial department:  New York county;
    10    (b) second judicial department: Westchester county;
    11    (c) third judicial  department: Albany county; or
    12    (d) fourth judicial department:  Erie county.
    13    2. For the purposes of this section, a challenge to the  constitution-
    14  ality of a provision of this chapter shall mean a challenge in any form,
    15  including  but  not  limited  to  a  claim,  counter-claim, cross-claim,
    16  defense, or affirmative defense. Such a  claim  may  be  raised  by  any
    17  party,  including but not limited to a plaintiff, defendant, third-party
    18  plaintiff, third-party defendant, intervenor, or substituted party.
    19    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02388-01-3