Bill Text: NY S00274 | 2021-2022 | General Assembly | Introduced
Bill Title: Removes the requirement that party emblems be included in ballot design.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ELECTIONS [S00274 Detail]
Download: New_York-2021-S00274-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 274 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to removing the require- ment that party emblems be included in ballot design The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 18 of section 1-104 of the election law, as 2 amended by chapter 181 of the laws of 2005, is amended to read as 3 follows: 4 18. The word "ballot" when referring to voting machines or systems 5 means that portion of the cardboard or paper or other material or elec- 6 tronic display within the ballot frame containing the name of the candi- 7 date and [the emblem of] the party organization by which he was nomi- 8 nated, of the form of submission of a proposed constitutional amendment, 9 proposition referendum or question as provided in this chapter, with the 10 word "yes" for voting for any question or the word "no" for voting 11 against any question except that where the question or proposition is 12 submitted only to the voters of a territory wholly within a county or 13 city, such form shall be determined by the county board of elections. 14 Such statement and the title shall be printed and/or displayed in the 15 largest type or display which it is practicable to use in the space 16 provided. 17 § 2. Subdivisions 1 and 2 of section 2-124 of the election law, subdi- 18 vision 2 as amended by chapter 9 of the laws of 1978, are amended to 19 read as follows: 20 1. The state committee of a party shall select a name [and emblem] to 21 distinguish the candidates of the party for public office in all 22 districts of the state, and shall file in the office of the state board 23 of elections, a certificate executed by its chairman and secretary, 24 setting forth the name [and showing the emblem so selected]. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02371-01-1S. 274 2 1 2. The name of a party shall be in the English language and shall not 2 include the words "American", "United States", "National", "New York 3 State", "Empire State", or any abbreviation thereof, nor the name or 4 part of the name, or an abbreviation of the name, of an existing party. 5 [The emblem chosen may be a star, an animal, an anchor, or any other6proper symbol, but may not be the same as or similar to any emblem,7insignia, symbol or flag used by any political or governmental body,8agency or entity nor any religious emblem, insignia, symbol or flag, nor9the portrait of any person, nor the representation of a coin or of the10currency of the United States.] The name [and emblem] chosen shall not 11 be similar to or likely to create confusion with the name [or emblem] of 12 any other existing party or independent body. 13 § 3. Subdivision 1 of section 4-112 of the election law, as amended by 14 chapter 5 of the laws of 2019, is amended to read as follows: 15 1. The state board of elections, not later than fifty-five days before 16 a general election, or fifty-three days before a special election, shall 17 certify to each county board of elections the name and residence of each 18 candidate nominated in any valid certificate filed with it or by the 19 returns canvassed by it, the title of the office for which nominated; 20 the name of the party or body specified of which he or she is a candi- 21 date; [the emblem chosen to distinguish the candidates of the party or22body;] and a notation as to whether or not any litigation is pending 23 concerning the candidacy. Upon the completion of any such litigation, 24 the state board of elections shall forthwith notify the appropriate 25 county boards of elections of the results of such litigation. 26 § 4. Subdivision 1 of section 6-128 of the election law, paragraph (a) 27 as amended by chapter 619 of the laws of 2019, is amended to read as 28 follows: 29 1. When an independent body becomes a party at a general election by 30 qualifying under the requirements set by law, nominations shall, prior 31 to and including the first general election thereafter, be made as 32 provided by the rules of such party. A certificate of such nominations 33 shall contain: 34 (a) The name of the party filing the nominations which shall not be 35 altered or modified once submitted. 36 (b) The title of the office for which the nomination is made and the 37 name and residence address of the person so nominated. 38 (c) The names of the members of the committee, if any, appointed to 39 fill vacancies in nominations. 40 (d) [A description and representation of the party's emblem.41(e)] The name of the committee making the nomination. 42 [(f)] (e) A certified copy of the party rules describing the rule-mak- 43 ing body and nomination process. 44 [(g)] (f) An affidavit containing a statement by the presiding officer 45 and secretary of the committee that they are such officers and the 46 statements in the certificate are true. 47 § 5. Subdivision 3 of section 6-138 of the election law, as amended by 48 chapter 305 of the laws of 1992, paragraph a as amended by chapter 619 49 of the laws of 2019, is amended to read as follows: 50 3. a. The name selected for the independent body making the nomination 51 shall be in English characters and shall not include the name or part of 52 the name or an abbreviation of the name or part of the name, nor shall 53 the [emblem or] name be of such a configuration as to create the possi- 54 bility of confusion with the [emblem or] name of a then existing party, 55 or the [emblem or] name of an independent body selected by a previously 56 filed independent nominating petition for the same office. Such nameS. 274 3 1 selected for such independent body shall continuously remain the name of 2 such party as defined in subdivision three of section 1-104 of this 3 chapter. 4 b. Notwithstanding the requirements of paragraph a of this subdivi- 5 sion, if the [emblem or] name selected for an independent body on any 6 independent nominating petition is the same as that selected by any 7 previously filed independent nominating petition for the same office, 8 the board of elections with which such later petition was filed shall, 9 not later than two days after the filing of such later filed petition, 10 send notice of such duplicate selection of [emblem or] name by first- 11 class mail, to the candidate for such office who was nominated by such 12 later filed petition, and that the candidate to whom such notice is 13 required to be sent may file with such board of elections, not later 14 than seven days after such notice was mailed, a certificate selecting a 15 different [emblem or] name. 16 c. A person who has been nominated or who expects to be nominated as 17 the candidate of an independent body for the office of President of the 18 United States at any election for such office may, not later than three 19 days after the last day to file nominating petitions, file with the 20 state board of elections, a special certificate which shall be irrev- 21 ocable, stating that such person does not wish to permit candidates for 22 any other office, except the office of Vice-President of the United 23 States, to appear on the ballot with the same name [and emblem] as the 24 independent body which has nominated or will nominate such candidate for 25 the office of President. 26 d. Not later than seven days after the last day to file nominating 27 petitions, the state board of elections shall notify each local board of 28 elections of the name of each candidate for President of the United 29 States who has filed such a special certificate, together with the name 30 [and emblem] of the independent body selected on the petition which 31 nominated such candidate. 32 e. If any candidate has been nominated for any other office by a peti- 33 tion which selected the same name [or emblem] for an independent body as 34 the name [or emblem] selected on the petition which nominated a candi- 35 date for President of the United States who has filed a special certif- 36 icate pursuant to paragraph c of this subdivision, the board of 37 elections with which the petition nominating such candidate for such 38 other office was filed shall, not later than ten days after the last day 39 to file nominating petitions, send to each such candidate, by first 40 class mail, notice that a special certificate pursuant to paragraph c of 41 this subdivision has been filed and that the candidate to whom such 42 notice is sent may file with such board of elections, not later than 43 seven days after such notice was mailed, a certificate selecting a 44 different name [and emblem]. 45 f. If [such a petition shall not show an emblem, or if] the petition 46 shall fail to select a name for such independent body, or if pursuant to 47 the provisions of paragraph b or paragraph e of this subdivision, a 48 candidate shall fail to select another [emblem or] name for such inde- 49 pendent body, the officer or board in whose office the petition is filed 50 shall select [an emblem or] a name [or both] to distinguish the candi- 51 dates nominated thereby. The name [and emblem] shown upon such petition 52 or selected by a candidate authorized to make such selection by para- 53 graph b or paragraph e of this subdivision, or selected by an officer or 54 board shall also conform to the requirements of this chapter with 55 respect to names [or emblems] permitted to be selected by a party.S. 274 4 1 g. Nothing contained in this subdivision shall preclude a court of 2 competent jurisdiction from rejecting an independent nominating petition 3 if the court determines that fraud was involved in the selection of a 4 name [or emblem]. 5 § 6. Paragraph a of subdivision 1 of section 6-140 of the election 6 law, as amended by chapter 176 of the laws of 2017, is amended to read 7 as follows: 8 a. Each sheet of an independent nominating petition shall be signed in 9 ink, shall contain the following information and shall be in substan- 10 tially the following form: 11 I, the undersigned, do hereby state that I am a registered voter of 12 the political unit for which a nomination for public office is hereby 13 being made, that my present place of residence is truly stated opposite 14 my signature hereto, and that I do hereby nominate the following named 15 person (or persons) as a candidate (or as candidates) for election to 16 public office (or public offices) to be voted for at the election to be 17 held on the ............ day of ................, 20...., and that I 18 select the name ............................ (fill in name) as the name 19 of the independent body making the nomination (or nominations) [and20................ (fill in emblem) as the emblem of such body]. 21 Public Place of residence 22 Office (also post office 23 Name of (include district address 24 Candidate number, if applicable) if not identical) 25 .......... ................. .......................... 26 .......... ................. .......................... 27 I do hereby appoint ............................. (here insert the names 28 and addresses of at least three persons, all of whom shall be registered 29 voters within such political unit), as a committee to fill vacancies in 30 accordance with the provisions of the election law. 31 In witness whereof, I have hereunto set my hand, the day and year 32 placed opposite my signature. 33 Date Name of Signer Residence 34 ...... ................ ....................... 35 ...... ................ ....................... 36 Town or city (except 37 in the city of New 38 York, the county) ....................... ....................... 39 § 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi- 40 vision 1 as separately amended by chapters 106 and 176 of the laws of 41 2017, and subdivision 3 as added by chapter 359 of the laws of 1989, are 42 amended to read as follows: 43 1. Independent nominations for elective village offices shall be made 44 by a petition containing the signatures in ink of residents of the 45 village who are registered with the appropriate county board of 46 elections at the time of signing. The sheets of such a petition shall be 47 numbered. A signer need not himself or herself fill in the date or resi- 48 dence. Each sheet of such petition must be in substantially the follow- 49 ing form and shall contain all the information required therein: 50 VILLAGE INDEPENDENT NOMINATING PETITIONS. 274 5 1 I, the undersigned, do hereby state that I am a registered voter of 2 the Village of......., that my present place of residence is truly stat- 3 ed opposite my signature, and I do hereby nominate the following named 4 person (or persons) as a candidate (or as candidates) for election to 5 public office (or public offices) to be voted for at the election to be 6 held on the.....day of........, 20....., and that I select the 7 name........... (fill in name) as the name of the independent body 8 making the nomination (or nominations) [and.....(fill in emblem) as the9emblem of such body]. 10 Name of 11 Candidate Public Office Term Residence 12 (include district 13 number, if applicable) 14 ............. .................... .... .............. 15 ............. .................... .... .............. 16 I do hereby appoint (insert names and addresses of at least three 17 persons, all of whom shall be registered voters within such village) as 18 a committee to fill vacancies in accordance with the provisions of the 19 election law. 20 In witness whereof, I have signed this petition on the day and year 21 stated before my signature. 22 Date Signature Residence 23 .......... ................. ................... 24 .......... ................. ................... 25 STATEMENT OF WITNESS 26 I, ..................... state that I am a duly qualified voter of the 27 State of New York. I now reside at ................ (residence address). 28 Each of the voters whose names are subscribed to this petition sheet 29 containing ................ (fill in number) signatures, subscribed his 30 or her name in my presence. 31 I understand that this statement will be accepted for all purposes as 32 the equivalent of an affidavit and, if it contains a material false 33 statement, shall subject me to the same penalties as if I had been duly 34 sworn. 35 ....................... .............................. 36 Date Signature of witness 37 3. The name selected for the independent body making the nomination 38 shall be in the English language and shall not include the name or part 39 of the name, or an abbreviation of the name or of part of the name, of a 40 then existing party. The name [and emblem] shown upon such petition 41 shall conform to the requirements of this chapter, relating to party 42 names [and party emblems]. If [such a petition shall not show an emblem,43or] the petition shall fail to select a name for such independent body, 44 the board of elections shall select [an emblem or] a name, [or both] to 45 distinguish the candidates nominated thereby. 46 § 8. Subdivision 4 of section 15-108 of the election law, as separate- 47 ly amended by chapters 106 and 176 of the laws of 2017, is amended to 48 read as follows: 49 4. Independent nominations for elective village offices shall be made 50 by a petition containing the signatures in ink of residents of the 51 village who are registered with the appropriate county board of 52 elections at the time of signing or who are residents of the village whoS. 274 6 1 were on the list of registered voters for the last village election in 2 such village. The sheets of such a petition shall be numbered. Such 3 petition must set forth in each instance the correct date of signing, 4 the name of the signer and his or her present address, and may set forth 5 a committee to fill vacancies consisting of at least three persons qual- 6 ified to vote in the village election and their residence within the 7 village. A signer need not himself or herself fill in the date or resi- 8 dence. Each sheet of such petition must be in substantially the follow- 9 ing form and shall contain all the information required therein except 10 as may otherwise be permitted by law. 11 VILLAGE INDEPENDENT NOMINATING PETITION 12 I, the undersigned, do hereby state that I am a registered voter of 13 the Village of .........., that my present place of residence is truly 14 stated opposite my signature, and I do hereby nominate the following 15 named person (or persons) as a candidate (or as candidates) for election 16 to public office (or public offices) to be voted for at the election to 17 be held on the ..... day of ........, 20....., and that I select the 18 name .............. (fill in name) as the name of the independent body 19 making the nomination (or nominations) [and ..... (fill in emblem) as20the emblem of such body]. 21 Public Office 22 (include district 23 number, if 24 Name of Candidate applicable) Term Residence 25 .................... ................. ........ ................ 26 .................... ................. ........ ................ 27 I do hereby appoint _ _ _ _ 28 Name Residence 29 ............................. ................................. 30 ............................. ................................. 31 as a committee to fill vacancies in accordance with the provisions of 32 the election law. 33 IN WITNESS WHEREOF, I have signed this petition on the day and year 34 stated before my signature. 35 Date Signature Residence 36 ............. ................. ............... 37 ............. ................. ............... 38 STATEMENT OF WITNESS 39 I, ............... state that I am a duly qualified voter of the State 40 of New York. I now reside at .......... (residence address). Each of the 41 voters whose names are subscribed to this petition sheet, 42 containing ........ (fill in number) signatures, subscribed his or her 43 name in my presence. 44 I understand that this statement will be accepted for all purposes as 45 the equivalent of an affidavit and, if it contains a material false 46 statement, shall subject me to the same penalties as if I had been duly 47 sworn.S. 274 7 1 Date .................... ........................... 2 Signature of Witness 3 § 9. Subdivision 1 of section 16-104 of the election law, as amended 4 by chapter 66 of the laws of 2019, is amended to read as follows: 5 1. The form and content of any ballot, or portion thereof, to be used 6 in an election, and the right to use any [emblem design,] party or inde- 7 pendent body name, may be contested in a proceeding instituted in the 8 supreme court by any aggrieved candidate or by the chairman of any party 9 committee or independent body. 10 § 10. This act shall take effect immediately.