Bill Text: NY S06868 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to providing for the reopening of a petitioning period to fill vacancies due to the declination of a designation or nomination for reasons other than death or serious illness.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S06868 Detail]
Download: New_York-2017-S06868-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6868 2017-2018 Regular Sessions IN SENATE September 6, 2017 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the election law, in relation to providing for the reopening of a petitioning period to fill vacancies due to the decli- nation of a designation or nomination for reasons other than death or serious illness The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 6-146 of the election law, 2 subdivision 2 as amended by chapter 234 of the laws of 1976, are amended 3 and a new subdivision 2-a is added to read as follows: 4 1. A person designated as a candidate for nomination or for party 5 position, or nominated for an office, otherwise than at a primary 6 election, may, in a certificate signed and acknowledged by him, and 7 filed as provided in this article, decline the designation or nomination 8 not later than fifty-seven days before a primary election, or at any 9 time if such declination is due to death or serious illness; provided, 10 however, that, if designated or nominated for a public office other than 11 a judicial office by a party of which he is not a duly enrolled member, 12 or if designated or nominated for a public office other than a judicial 13 office by more than one party or independent body or by an independent 14 body alone, such person shall, in a certificate signed and acknowledged 15 by him, and filed as provided in this article, accept the designation or 16 nomination as a candidate of each such party or independent body other 17 than that of the party of which he is an enrolled member, otherwise such 18 designation or nomination shall be null and void. 19 2. If [any] a designation or nomination is declined due to death or 20 serious illness, the officer or board to whom or which notification 21 thereof is given shall forthwith inform by mail or otherwise the commit- 22 tee authorized to fill the vacancy, that the designation or nomination 23 has been declined, and if such declination is filed with the state board EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13335-02-7S. 6868 2 1 of elections after such board has given official notice, pursuant to the 2 provisions of this chapter, to the several boards of elections that the 3 name of the candidate filing such declination is to appear on a ballot, 4 such board also shall give immediate notice by mail or otherwise that 5 such designation or nomination has been declined, to the several boards 6 of elections which prepare the official ballots for election districts 7 affected by such declination. 8 2-a. If a designation or nomination is declined for reasons other than 9 death or serious illness, the officer or board to whom or which notifi- 10 cation thereof is given shall provide notice to the appropriate commit- 11 tee and boards of elections in accordance with subdivision two of this 12 section. The petitioning period for designation or nomination of a new 13 candidate shall be reopened for a period of seven days and shall be 14 closed no later than forty-nine days before a primary election. 15 § 2. The section heading and subdivisions 1, 2 and 3 of section 6-148 16 of the election law, subdivision 1 as amended by chapter 373 of the laws 17 of 1978 and subdivision 3 as amended by chapter 234 of the laws of 1976, 18 are amended to read as follows: 19 Nomination and designation; filling vacancies due to death, serious 20 illness or disqualification. 1. A vacancy in a designation or nomination 21 caused by [declination, where a declination is permitted by this arti-22cle, or by] the death, serious illness or disqualification of the candi- 23 date[, or by a tie vote at a primary,] may be filled by the making and 24 filing of a certificate, setting forth the fact and cause of the vacan- 25 cy, the title of the office, the name of the original candidate, if any, 26 and the name and address of the candidate newly designated or nominated. 27 2. A vacancy in a designation or independent nomination, or in a party 28 nomination made otherwise than at a primary, due to death, serious 29 illness or disqualification may be filled by a majority of the committee 30 to fill vacancies shown upon the face of the petition or certificate of 31 the designation or nomination in which the vacancy occurs. 32 3. A vacancy in a nomination made at a primary[, or by a tie vote33thereat,] due to death, serious illness or disqualification may be 34 filled by a majority of the members, of the party committee or commit- 35 tees last elected in the political subdivision in which the vacancy 36 occurs, present at a meeting at which there is a quorum, or by a majori- 37 ty of such other committee as the rules of the party may provide. 38 § 3. The election law is amended by adding a new section 6-149 to read 39 as follows: 40 § 6-149. Nomination; vacancy caused by reasons other than death, seri- 41 ous illness or disqualification. A vacancy in a designation or nomi- 42 nation caused by declination for reasons other than death, serious 43 illness or disqualification shall be filled by the reopening of a peti- 44 tioning period for designation or nomination of a new candidate for 45 seven days and closing such petitioning period no later than forty-nine 46 days before a primary election. 47 § 4. This act shall take effect immediately.
