Bill Text: NY A07761 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to specification of objections to designating petitions, independent nominating petitions, certificates of nomination or ballot access document; standardizes requirements for specification of objections by removing authority of local boards of election to make their own rules.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2018-03-26 - REFERRED TO ELECTIONS [A07761 Detail]

Download: New_York-2017-A07761-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7761
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 12, 2017
                                       ___________
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Election Law
        AN ACT to amend the  election  law,  in  relation  to  specification  of
          objections to designating petitions, independent nominating petitions,
          certificates of nomination or ballot access documents
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 6-154 of the election law, subdivision 2 as amended
     2  by chapter 248 of the laws of 1981, is amended to read as follows:
     3    § 6-154. Nominations and designations; objections to. 1. Any  petition
     4  or  certificate filed with the officer or board charged with the duty of
     5  receiving it shall be presumptively valid if it is in  proper  form  and
     6  appears  to  bear the requisite number of signatures, authenticated in a
     7  manner prescribed by this chapter.
     8    2. Written objections to any certificate of designation or  nomination
     9  or to a nominating or designating petition or a petition for opportunity
    10  to ballot for public office or to a certificate of acceptance, a certif-
    11  icate of authorization, a certificate of declination or a certificate of
    12  substitution  relating  thereto  may be filed by any voter registered to
    13  vote for such public office and to a designating petition or a  petition
    14  for opportunity to ballot for party position or a certificate of substi-
    15  tution,  a  certificate  of  acceptance  or a certificate of declination
    16  relating thereto by any voter enrolled to vote for such party  position.
    17  Such  objections  shall be filed with the officer or board with whom the
    18  original petition or certificate is filed within three  days  after  the
    19  filing  of  the  petition  or certificate to which objection is made, or
    20  within three days after the last day to file such a certificate,  if  no
    21  such  certificate  is  filed  except  that if any person nominated by an
    22  independent nominating petition, is nominated as a party  candidate  for
    23  the same office by a party certificate filed, or a party nomination made
    24  after  the  filing of such petition, the written objection to such peti-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05461-01-7
        A. 7761                             2
     1  tion may be filed within three days  after  the  filing  of  such  party
     2  certificate  or  the  making  of  such  party nomination.   When such an
     3  objection is filed, specifications of  the  grounds  of  the  objections
     4  shall be filed within six days thereafter with the same officer or board
     5  and  if specifications are not timely filed, the objection shall be null
     6  and void.  [Each such officer or board is hereby empowered to make rules
     7  in reference to the filing and disposition  of  such  petition,  certif-
     8  icate, objections and specifications.]
     9    3.  (a)  Any person filing general objections to any designating peti-
    10  tion, independent nominating petition or certificate  of  nomination  or
    11  ballot access document who thereafter files specifications of his or her
    12  objections  to  any  such  document  shall  do so in accordance with the
    13  provisions of this subdivision. All such specifications  shall  substan-
    14  tially comply with the following requirements:
    15    (i)  for  specifications  relating to any petition, the volume number,
    16  page number, and line number of any signature objected to on  any  peti-
    17  tion shall be set forth in detail. In addition, any portion of any peti-
    18  tion  or  any  signature  line or witness statement objected to shall be
    19  specifically identified and reasons given for any such objection;
    20    (ii) the total number of signatures objected to shall be set forth and
    21  all objections relating to a single signature  line  should  be  grouped
    22  together; and
    23    (iii)   symbols   and/or  abbreviations  may  be  used  to  set  forth
    24  objections, provided that a sheet explaining the  meaning  of  any  such
    25  symbols and/or abbreviations is attached to the specifications.
    26    (b)  No  specifications  of objections to any petition, certificate of
    27  nomination or ballot access  document  will  be  considered  unless  the
    28  objector filing the specifications personally delivers or mails by over-
    29  night  mail  a duplicate copy of the specification to each candidate for
    30  public office named on the petition.  Objections and specifications to a
    31  petition for an opportunity to ballot must  be  served  on  the  persons
    32  named  as  the  committee to receive notices.  In the case of a petition
    33  containing candidates for party positions, service of the specifications
    34  shall be made on either the named candidates or the first  person  named
    35  on  the petition's committee to fill vacancies. Service shall be made on
    36  or before the date of filing of any specifications with the  officer  or
    37  board.  Proof  of  service  shall  accompany  the  specifications  or be
    38  received by the end of two business days following  the  filing  of  the
    39  specifications, whichever is later.
    40    4.  (a)  Such  officer or board shall give notice by overnight mail to
    41  the objector and the candidate named in such petition or certificate  of
    42  the  date  or  dates  on  which such officer or board shall consider the
    43  specifications filed, and board findings, the result of and research  of
    44  the specifications, and shall make a determination as to the sufficiency
    45  of  such  petition  or  certificate  and  shall provide the objector and
    46  candidate or their agent or agents an opportunity to be heard as to  the
    47  validity  of  each specific objection. Copies of the board's research of
    48  specifications shall accompany such notice.  Such opportunity may be  by
    49  written  submission or oral presentation in the discretion of such offi-
    50  cer or board. Such officer or board shall not deny the objector  or  the
    51  candidate or their agent or agents an opportunity to be present when the
    52  determination as to validity is made.
    53    (b)  For objections and specifications made to ballot access documents
    54  filed with the state board of elections, the provisions of paragraph (a)
    55  of this subdivision shall apply. However, the opportunity to be heard as
    56  to the validity or invalidity of such specifications shall  be  provided
        A. 7761                             3
     1  in a hearing which precedes any meeting of the state board's commission-
     2  ers at which determinations will be rendered.
     3    5.  When  [a] any determination is made that a certificate or petition
     4  is sufficient or insufficient, such officer or board shall  give  notice
     5  of  the  determination  forthwith by mail to each candidate named in the
     6  petition or certificate, and, if the determination is made  upon  speci-
     7  fied  objections, the objector shall be notified; provided that any such
     8  candidate or objector may designate an attorney or agent to receive  any
     9  such  notice  and/or determination on his or her behalf. Any such desig-
    10  nation shall be in writing and include  the  name,  address,  email  and
    11  telephone  number  of  any such attorney or agent, and any such attorney
    12  and/or agent shall be eligible to represent any such candidate or objec-
    13  tor in any proceeding relating to the specifications.
    14    6.  Nothing in this section shall be construed to require an objection
    15  or hearing if the board of elections by majority vote determines that  a
    16  filing  does not meet the criteria of subdivision one of this section to
    17  be presumptively valid.
    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have  become  a  law.    Effective  immediately, the addition, amendment
    20  and/or repeal of any rules or regulations necessary for the  implementa-
    21  tion  of  this act on its effective date are authorized to be made on or
    22  before such date.