Bill Text: NY S03430 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to the representation of newly formed political parties; relates to the placement of candidates of newly formed political parties on ballots, the representation of such parties within the state and the transmission of the official canvass of votes cast for presidential electors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S03430 Detail]

Download: New_York-2023-S03430-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3430

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        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 the  representation  of
          newly formed political parties

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

     1    Section 1. Subdivision 1 of section  7-116  of  the  election  law  is
     2  amended to read as follows:
     3    1. In printing the names of candidates on the ballot, the candidate or
     4  candidates  of  the party which polled [for its candidate for the office
     5  of governor at the last preceding election for such office] the  highest
     6  number of votes for its candidate for governor or for its slate of pres-
     7  ident  electors  at the most recent general election in an even numbered
     8  year, shall be [row or] column A or one and the candidates of the  other
     9  parties  shall  be  placed  on  such  ballot in descending order of such
    10  votes.
    11    § 2. Section 6-124 of the election law, as amended by chapter  876  of
    12  the laws of 1977, is amended to read as follows:
    13    §  6-124.  Conventions; judicial. A judicial district convention shall
    14  be constituted by the election at the preceding primary of delegates and
    15  alternate delegates, if any, from  each  assembly  district  or,  if  an
    16  assembly  district shall contain all or part of two or more counties and
    17  if the rules of the party shall so provide, separately from the part  of
    18  such  assembly district contained within each such county. The number of
    19  delegates and alternates, if any, shall be determined  by  party  rules,
    20  but  the  number  of delegates shall be substantially in accordance with
    21  the ratio, which the number of votes cast for the  party  candidate  for
    22  the  office  of governor, on the line or column of the party at the last
    23  preceding election for such office, in any unit of representation, bears
    24  to the total vote cast at such election for such candidate on such  line
    25  or column in the entire state; provided, however, for a new party formed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06213-01-3

        S. 3430                             2

     1  at  a  presidential election, for such party's judicial district conven-
     2  tion held in the second year after the presidential election, such ratio
     3  shall be based on such party's vote for presidential electors, as other-
     4  wise  as  provided by this section, and thereafter based on such party's
     5  vote for the office of governor.  The  number  of  alternates  from  any
     6  district shall not exceed the number of delegates therefrom.  The deleg-
     7  ates  certified  to have been elected as such, in the manner provided in
     8  this chapter, shall be conclusively entitled to their seats, rights  and
     9  votes as delegates to such convention. When a duly elected delegate does
    10  not attend the convention, his place shall be taken by one of the alter-
    11  nates,  if any, to be substituted in his place, in the order of the vote
    12  received by each such alternate as such vote appears upon the  certified
    13  list  and  if  an  equal  number of votes were cast for two or more such
    14  alternates; the order in which  such  alternates  shall  be  substituted
    15  shall  be  determined by lot forthwith upon the convening of the conven-
    16  tion. If there shall have been  no  contested  election  for  alternate,
    17  substitution  shall  be in the order in which the name of such alternate
    18  appears upon the certified list, and if no alternates  shall  have  been
    19  elected  or  if no alternates appear at such convention, then the deleg-
    20  ates present from the same district shall elect a  person  to  fill  the
    21  vacancy.
    22    § 3. Subdivision 1 of section 2-104 of the election law, as amended by
    23  chapter 260 of the laws of 2021, is amended to read as follows:
    24    1.  The  county  committee  of  each party shall be constituted by the
    25  election in each election district within such county of  at  least  two
    26  members  and  of  such  additional  members  as  the rules of the county
    27  committee of the party within the county or the statement filed pursuant
    28  hereto may provide for such district, proportional to the party vote  in
    29  the  district for governor at the last preceding gubernatorial election,
    30  or in the case of a new party formed at  a  presidential  election  when
    31  first  electing members of a county committee, proportional to the party
    32  vote in the district for presidential electors  at  the  last  preceding
    33  presidential  election,  or in case the boundaries of such district have
    34  been changed or a new district has been created since the last preceding
    35  gubernatorial election used to apportion members,  proportional  to  the
    36  party  vote  cast  for  member  of assembly or in the event there was no
    37  election for member of assembly, then  proportional  to  the  number  of
    38  enrolled  voters  of such party in such district on the list of enrolled
    39  voters last published by the board of  elections,  excluding  voters  in
    40  inactive status. In a county in which no additional members are provided
    41  for by the rules of the county committee or the statement filed pursuant
    42  hereto  the  voting  power of each member shall be in proportion to such
    43  party vote or, if the election district which such member represents was
    44  created or changed since the  last  election  for  member  of  assembly,
    45  proportional  to  such party enrollment. In a county in which additional
    46  members are so provided for, on the basis of the party vote  or  enroll-
    47  ment  in  election  districts within such county, each member shall have
    48  one vote. Each member of a county committee shall be an  enrolled  voter
    49  of the party residing in the county and the assembly district from which
    50  or  in  the  assembly district containing the election district in which
    51  such member is elected except that a member of a county  committee  who,
    52  as  a  result  of  an  alteration  of assembly district lines, no longer
    53  resides within such assembly district may  continue  to  serve  for  the
    54  balance of the term to which he was elected.
    55    § 4. Subdivision 5 of section 7-104 of the election law, as amended by
    56  chapter 411 of the laws of 2019, is amended to read as follows:

        S. 3430                             3

     1    5. Notwithstanding the provisions of subdivision four of this section,
     2  the name of a person who is nominated for the office of president of the
     3  United  States  (electors for), governor, or state senator, or member of
     4  assembly, shall appear on the ballot as many times as there are  parties
     5  or  independent bodies nominating him or her, and there shall be a sepa-
     6  rate voting position at each place in which such name shall appear.
     7    § 5. Subdivision 4 of section 6-104 of the election law is amended  to
     8  read as follows:
     9    4.  Upon  the  vote  for  such  designation,  each member of the state
    10  committee shall be entitled to cast a number of votes which shall be  in
    11  accordance  with  the ratio which the number of votes cast for the party
    12  candidate for governor on the line or column of the party  at  the  last
    13  preceding  general  state election in the unit of representation of such
    14  member bears to the total vote cast on  such  line  or  column  at  such
    15  election for such candidate in the entire state, or in the case of a new
    16  party  formed  at  a  presidential  election,  each  member of the state
    17  committee shall be entitled to cast a number of votes which shall be  in
    18  accordance with the ratio which the number of votes cast for the party's
    19  presidential electors at the last preceding presidential election in the
    20  unit  of  representation  of such member bears to the total vote cast on
    21  such line or column at such election for such  electors  in  the  entire
    22  state, until such time as such new party has a party vote for its candi-
    23  date  for  governor.    The apportionment of such votes as so prescribed
    24  shall be determined by the rules of the party.
    25    § 6. The third undesignated paragraph of section 9-214 of the election
    26  law is amended to read as follows:
    27    The board of elections shall transmit to the state board, on or before
    28  the tenth day of December following an election for governor  or  presi-
    29  dential   electors,   a   certified  tabulated  statement,  by  election
    30  districts, of the official canvass of the votes cast for candidates  for
    31  governor  or  presidential electors, to include, in the case of a candi-
    32  date who was nominated by two or more parties or independent  bodies,  a
    33  separate  statement of the number of votes cast for [him] such candidate
    34  as the candidate of each party or independent body by  which  [he]  such
    35  candidate  was nominated and if the county contains more than one assem-
    36  bly district or parts of more than one assembly district, a statement of
    37  the number of votes cast for governor or presidential electors by assem-
    38  bly district.
    39    § 7. This act shall take effect immediately.
feedback