Bill Text: NY A07309 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes an open primary system for all state and congressional elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-31 - opinion referred to judiciary [A07309 Detail]

Download: New_York-2017-A07309-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7309
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 21, 2017
                                       ___________
        Introduced  by  M. of A. THIELE, KEARNS -- read once and referred to the
          Committee on Election Law
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing an amendment to article 2 of the constitution, in relation  to
          the establishment of an open primary system for all state and congres-
          sional elections
     1    Section  1.  Resolved  (if  the  Senate concur), That article 2 of the
     2  constitution be amended by adding a new section 10 to read as follows:
     3    § 10. (a) A voter-nomination primary election shall  be  conducted  to
     4  select the candidates for congressional and state elective offices.  All
     5  voters  may vote at a voter-nominated primary election for any candidate
     6  for congressional and state elective office without regard to the  poli-
     7  tical party preference disclosed by the candidate or the voter, provided
     8  that  the  voter  is  otherwise qualified to vote for candidates for the
     9  office in question. The candidates who are the top two vote-getters at a
    10  voter-nominated primary election for a congressional or  state  elective
    11  office  shall,  regardless  of  party preference, compete in the ensuing
    12  general election.
    13    (b) The Legislature shall provide that candidates  for  such  congres-
    14  sional  and  state offices shall be placed on the ballot for voter-nomi-
    15  nated primary election by petition in the manner provided by statute.  A
    16  candidate  for  a congressional or state elective office may have his or
    17  her political party preference, or lack of political  party  preference,
    18  indicated upon the ballot for the office in the manner provided by stat-
    19  ute. A political party or party committee shall not nominate a candidate
    20  for  any  congressional  or state elective office at the voter-nominated
    21  primary. This subdivision shall not be interpreted to prohibit  a  poli-
    22  tical  party  of party committee from endorsing, supporting, or opposing
    23  any candidate for a congressional or state elective office.  A political
    24  party or party committee shall not have the right to have its  preferred
    25  candidate  participate  in  the  general  election for a voter-nominated
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89108-01-7
        A. 7309                             2
     1  office other than a candidate who is one of the two highest vote-getters
     2  at the primary election, as provided in subdivision (a).
     3    (c) The Legislature shall provide for partisan elections for presiden-
     4  tial  candidates, and political party and party committees, including an
     5  open presidential primary whereby the candidates for the office of Pres-
     6  ident of the United States, are placed on the ballot  by  petition.  All
     7  voters  may  vote at the primary election for any Presidential candidate
     8  without regard to the political party preference disclosed by the voter,
     9  provided that the voter is otherwise qualified to vote for the office of
    10  President.
    11    § 2. Resolved (if the Senate concur), That the foregoing amendments be
    12  referred to the first regular legislative session  convening  after  the
    13  next  succeeding  general  election  of members of the assembly, and, in
    14  conformity with  section  1  of  article  19  of  the  constitution,  be
    15  published for 3 months previous to the time of such election.