Bill Text: NY A07379 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes an open primary system for all state and congressional elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-05 - opinion referred to judiciary [A07379 Detail]
Download: New_York-2015-A07379-Introduced.html
S T A T E O F N E W Y O R K
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7379
2015-2016 Regular Sessions
I N A S S E M B L Y
May 6, 2015
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Introduced by M. of A. THIELE -- 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 S 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.
LBD89099-01-5
A. 7379 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 S 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.
