Bill Text: NY A07933 | 2021-2022 | General Assembly | Amended


Bill Title: Includes individuals who do not identify exclusively as a binary gender in eligibility for party positions.

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Passed) 2022-06-26 - signed chap.231 [A07933 Detail]

Download: New_York-2021-A07933-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7933--C

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 1, 2021
                                       ___________

        Introduced  by M. of A. GONZALEZ-ROJAS, EPSTEIN, HEVESI, BICHOTTE HERME-
          LYN, SIMON, O'DONNELL, BURDICK,  PAULIN,  GLICK,  SEAWRIGHT,  DICKENS,
          SILLITTI,    GOTTFRIED,    GALLAGHER,    ZINERMAN,   TAYLOR,   BURGOS,
          J. D. RIVERA, MAMDANI, FORREST, GALEF, CARROLL,  DAVILA,  CRUZ,  NIOU,
          BRONSON,  CLARK -- read once and referred to the Committee on Election
          Law --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Election Law in accordance with Assembly Rule 3,  sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee

        AN ACT to amend the election law, in relation to  including  individuals
          who  do not identify exclusively as a binary gender in eligibility for
          party positions

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

     1    Section  1.  Subdivision  4  of  section 2-102 of the election law, as
     2  amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
     3  follows:
     4    4.  [The  state committee may provide by rule for equal representation
     5  of the sexes on said committee.] When  any  [such]  rule  of  the  state
     6  committee  provides for [equal] representation [of the sexes] by gender,
     7  the designating petitions and primary ballots shall list candidates  for
     8  such  party  positions separately by [sexes] gender marker. In providing
     9  for such representation, the state committee shall establish rules  that
    10  provide  for  the ability of individuals who do not exclusively identify
    11  as a binary gender to run for those positions and which respect individ-
    12  uals' gender identity.
    13    § 2. Subdivision 2 of section 2-104 of the election law, as amended by
    14  chapter 234 of the laws of 1976, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11612-05-1

        A. 7933--C                          2

     1    2. If[, pursuant to section one of article thirteen of  the  constitu-
     2  tion,]  such  committee or a state convention of the party shall provide
     3  by rule for [equal] representation [of the  sexes]  by  gender  on  such
     4  committee,  the  rules of such committee relative to additional members,
     5  either  from  election  districts  or  at large, shall be formulated and
     6  applied in such manner that the whole membership shall  [consist  of  an
     7  even  number,  equally]  be divided [between the sexes] among genders as
     8  provided by the rules of such committee. When any such rule provides for
     9  [equal] such representation [of the sexes],  the  designating  petitions
    10  and primary ballots shall list candidates for such party positions sepa-
    11  rately  by  [sexes] gender marker. In providing for such representation,
    12  such committee shall establish rules that provide  for  the  ability  of
    13  individuals  who do not exclusively identify as a binary gender to serve
    14  as members and which respect individuals' gender identity.
    15    § 3. Subdivision 2 of section 2-110 of the election law, as amended by
    16  chapter 373 of the laws of 1978, is amended to read as follows:
    17    2. In the city of New York there  shall  be  the  party  positions  of
    18  assembly district leaders or, if the rules of the county committee shall
    19  so  provide,  one  assembly  district  leader and one associate assembly
    20  district leader. Outside the city of New York there shall be such  posi-
    21  tions  when  the  rules  of  the county committee shall so provide. Such
    22  leaders shall be elected at primary elections as herein provided, within
    23  every county in such city for each assembly district, or for  each  part
    24  of  an assembly district within such county as may be designated for the
    25  purpose in the rules of the county committee, and in every county of the
    26  state outside of such city where the rules so provide, for such assembly
    27  district or part thereof within such county as may be designated in such
    28  rules for the purpose. Such assembly district leaders or  such  assembly
    29  district  leader  and  associate  assembly  district  leader shall be of
    30  [opposite sexes] different genders, if the rules of the county committee
    31  shall so provide, and shall be enrolled voters  of  the  party  residing
    32  within  the  assembly district and, if the rules of the county committee
    33  shall so provide, within the part of the  assembly  district  for  which
    34  they  are  to  be  elected,  and  shall  be  elected at the same primary
    35  election and for the same term as members of the county committee.  When
    36  any  such rule provides for [equal] representation [of sexes] by gender,
    37  the designating petitions and primary ballots shall list candidates  for
    38  such  party  positions separately by [sexes] gender marker. In providing
    39  for such representation, the county committee shall establish rules that
    40  provide for the ability of individuals who do not  exclusively  identify
    41  as  a  binary gender to serve as district leader and which respect indi-
    42  viduals' gender identity. Each shall perform  such  duties,  powers  and
    43  functions as the rules of the county committee may prescribe.  Vacancies
    44  in such positions shall be filled by the members of the county committee
    45  within  the assembly district or part thereof, as the case may be, until
    46  the first primary election following the creation  of  such  vacancy  or
    47  vacancies  for  which  the  period for circulating designating petitions
    48  ends at least seven days after the creation of such  vacancy  or  vacan-
    49  cies,  at  which  time  the  successor  or  successors shall be directly
    50  elected as herein provided.  Assembly  district  leaders  and  associate
    51  assembly  district leaders shall automatically be members and shall have
    52  the right to participate and vote in meetings of the county committee or
    53  any subcommittee thereof. The county committee may provide by its  rules
    54  that  the members of the state committee, elected in accordance with the
    55  provisions of this chapter, shall possess the duties, powers  and  func-
    56  tions  of  an assembly district leader or an associate assembly district

        A. 7933--C                          3

     1  leader. In such event the provisions of this section shall not apply  to
     2  the  members  of  the state committee but upon [his] their election as a
     3  member of the state committee, such person shall be deemed to have  also
     4  been  elected  as  an  assembly district leader or an associate assembly
     5  district leader.
     6    § 4. Section 2-122 of the election law, as amended by chapter  177  of
     7  the laws of 1978, is amended to read as follows:
     8    §  2-122.  National party conventions; delegates, election.  Delegates
     9  and alternates to a national convention of a party shall be elected from
    10  congressional districts, or partly from the state at  large  and  partly
    11  from  congressional  districts,  as the rules of the state committee may
    12  provide. Such delegates and alternates from the state at large shall  be
    13  elected by the state committee or by a state convention of the party, as
    14  the  rules  of  the  state  committee shall prescribe. If the rules of a
    15  national party provide for [equal]  representation  [of  the  sexes]  by
    16  gender  among  delegates elected from districts, such district delegates
    17  shall be elected separately by [sex] gender.    District  delegates  and
    18  alternates  to national party conventions and delegates, and alternates,
    19  if any, to such a state convention shall be elected at  a  primary.  All
    20  delegates  and  alternates  to  a  national  party  convention  shall be
    21  enrolled members of such party. When any such rule provides for  [equal]
    22  representation  [of  the sexes] by gender, the designating petitions and
    23  primary ballots shall list candidates for such party positions separate-
    24  ly by [sex] gender marker. In providing  for  such  representation,  the
    25  party  shall establish rules that provide for the ability of individuals
    26  who do not exclusively identify as a binary gender to serve as delegates
    27  and which respect individuals' gender identity.
    28    § 5. Paragraph c of subdivision 3 of section  5-504  of  the  election
    29  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    30  as follows:
    31    c. The board of elections maintains, as a public record, at the appro-
    32  priate office of the board, a complete and current alphabetized list  of
    33  all  registered  voters,  including  voters  in  inactive  status, which
    34  contains next to each voter's name at least the  following  information:
    35  address,  town  or  city,  assembly district where appropriate, election
    36  district, registration serial number, party enrollment, date  of  regis-
    37  tration,  [sex]  gender,  date of birth and, if the voter is in inactive
    38  status, an indication of that fact.
    39    § 6. Subdivision 7 of section 7-116 of the election law, as  added  by
    40  chapter 173 of the laws of 2017, is amended to read as follows:
    41    7.  Whenever  a county board of elections or the board of elections in
    42  the city of New York must conduct a primary election in  the  respective
    43  county or the city of New York in which separate contests for [both male
    44  and  female] candidates of different genders for the same party position
    45  are to be printed upon the ballots, and when rules require  these  posi-
    46  tions be listed separately on the ballot, the respective county board of
    47  elections or the board of elections in the city of New York shall deter-
    48  mine  by lot [whether to first print the contest for the male candidates
    49  or the contest for the female candidates.  After such determination, the
    50  same order shall be used  for  all  ballots  printed  by  the  board  of
    51  elections for the entire county or city of New York and for all contests
    52  where  there  are  elections separated by male and female candidates for
    53  the same party position.] the order of the  various  gendered  contests.
    54  This  lottery  will  be  conducted  separately for each election that is
    55  separated by gender.

        A. 7933--C                          4

     1    § 7. Section 3-102 of the election law is  amended  by  adding  a  new
     2  subdivision 18 to read as follows:
     3    18.  promulgate  rules  and  regulations to provide for the ability of
     4  individuals who do not exclusively identify as a binary  gender  to  run
     5  for  positions  elected  in gendered contests which respect the individ-
     6  uals' gender identity.  In no case shall the board of elections  promul-
     7  gate rules that are inconsistent with a system that requires individuals
     8  filing  for  candidacy to self-identify their gender marker as "M", "F",
     9  or "X", requires all candidates to run in a single race,  and  maintains
    10  requirements for gender diversity.
    11    § 8. This act shall take effect immediately.
feedback