Bill Text: NY S08730 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to the number of signatures for independent nominating petitions; decreases the number of signatures and votes to 15,000 signatures for statewide candidates and 50,000 votes to maintain party ballot status; changes the petition period to 12 weeks and the petitioning time to May-August.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-04-07 - PRINT NUMBER 8730A [S08730 Detail]

Download: New_York-2021-S08730-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8730--A

                    IN SENATE

                                      April 5, 2022
                                       ___________

        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Elections  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend the election law, in relation to the number of signa-
          tures for independent nominating petitions

          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 6-142 of the election law, as
     2  amended by section 9 of part ZZZ of chapter 58 of the laws of  2020,  is
     3  amended to read as follows:
     4    1.  An  independent nominating petition for candidates to be voted for
     5  by all the voters of the state must be signed by at least [forty-five]
     6  fifteen  thousand  voters,  or one percent of the total number of votes,
     7  excluding blank and void ballots, cast for the office of governor at the
     8  last gubernatorial election, whichever is less, of whom at least  [five]
     9  one  hundred[,]  or  one  percent of enrolled voters, whichever is less,
    10  shall reside in each of one-half of the congressional districts  of  the
    11  State.
    12    § 2. Subdivision 3 of section 1-104 of the election law, as amended by
    13  section  10 of part ZZZ of chapter 58 of the laws of 2020, is amended to
    14  read as follows:
    15    3. The term "party" means any political organization which,  excluding
    16  blank  and  void  ballots,  at  the last preceding election for governor
    17  received, at least two percent of the total votes cast for its candidate
    18  for governor, or [one hundred thirty] fifty  thousand  votes,  whichever
    19  [is  greater]  lesser, in the year in which a governor is elected and at
    20  least two percent of the total votes cast for its candidate  for  presi-
    21  dent, or [one hundred thirty] fifty thousand votes, whichever is [great-
    22  er] lesser, in a year when a president is elected.
    23    § 3. Subdivision 4 of section 6-138 of the election law, as amended by
    24  chapter 88 of the laws of 1995, is amended to read as follows:
    25    4.  [A  signature made earlier than six weeks prior to the last day to
    26  file independent petitions shall not be counted.] (a) A signature on  an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13620-10-2
        S. 8730--A                          2

     1  independent  petition  for a special election made earlier than the date
     2  of the proclamation calling the special election shall not be counted.
     3    (b)  Signatures  for  an independent petition for the general election
     4  shall be collected during a twelve  week  period  beginning  the  Monday
     5  before  Memorial day and ending the third Monday of August. No signature
     6  for an independent petition for the general election shall be counted if
     7  made prior to or after such period.
     8    § 4. Subdivisions 9, 11 and 12 of section 6-158 of the  election  law,
     9  as  amended  by  chapter 164 of the laws of 2022, are amended to read as
    10  follows:
    11    9. A petition for an independent nomination for an office to be filled
    12  at the time of a general election shall be filed not earlier than [twen-
    13  ty-four] twenty-three weeks and not later than [twenty-three] six  weeks
    14  preceding such election. A petition for an independent nomination for an
    15  office  to be filled at a special election shall be filed not later than
    16  twelve days following the issuance of a proclamation of  such  election,
    17  provided  however,  such  certificate shall be filed not later than nine
    18  days following the issuance of a proclamation of a special election held
    19  pursuant to paragraph b of subdivision three of section forty-two of the
    20  public officers law.
    21    11. A certificate of acceptance or declination of an independent nomi-
    22  nation for an office to be filled at the  time  of  a  general  election
    23  shall  be  filed  not  later  than [the third day after the twenty-third
    24  Tuesday] seven weeks preceding such  general  election  [except  that  a
    25  candidate  who  files such a certificate of acceptance for an office for
    26  which there have been filed certificates or petitions  designating  more
    27  than  one candidate for the nomination of any party, may thereafter file
    28  a certificate of declination not later than  the  third  day  after  the
    29  primary  election].  A  certificate  of  acceptance or declination of an
    30  independent nomination for an office to be filled at a special  election
    31  shall  be filed not later than fourteen days following the issuance of a
    32  proclamation of such election, provided however, such certificate  shall
    33  be  filed not later than eleven days following the issuance of a procla-
    34  mation of a special election held pursuant to paragraph b of subdivision
    35  three of section forty-two of the public officers law.
    36    12. A certificate to fill a vacancy caused  by  a  declination  of  an
    37  independent  nomination  for  an  office  to  be filled at the time of a
    38  general election shall be filed not later than [the sixth day after  the
    39  twenty-third Tuesday] seven weeks preceding such election. A certificate
    40  to  fill  a vacancy caused by a declination of an independent nomination
    41  for an office to be filled at a special  election  shall  be  filed  not
    42  later than sixteen days following the issuance of a proclamation of such
    43  election,  provided  however,  such certificate shall be filed not later
    44  than thirteen days following the issuance of a proclamation of a special
    45  election held pursuant to paragraph b of subdivision  three  of  section
    46  forty-two of the public officers law.
    47    §  5.  Paragraph (a) of subdivision 6 of section 6-158 of the election
    48  law, as amended by section 6 of chapter 164 of  the  laws  of  2022,  is
    49  amended to read as follows:
    50    (a) A certificate of a party nomination made other than at the primary
    51  election  for  an  office to be filled at the time of a general election
    52  shall be filed not later  than  [thirty  days  after  the  June  primary
    53  election] seven weeks preceding such general election,
    54    §  6.  Paragraph (a) of subdivision 6 of section 6-158 of the election
    55  law, as amended by section 7 of chapter 164 of  the  laws  of  2022,  is
    56  amended to read as follows:
        S. 8730--A                          3

     1    (a) A certificate of a party nomination made other than at the primary
     2  election  for  an  office to be filled at the time of a general election
     3  shall be filed not later than [thirty days after the  primary  election]
     4  seven weeks preceding such general election,
     5    §  7.  This act shall take effect immediately; provided, however, that
     6  the amendments to paragraph (a) of subdivision 6 of section 6-158 of the
     7  election law made by section five of this act shall be  subject  to  the
     8  expiration  and  reversion  of  such subdivision when upon such date the
     9  provisions of section six of this act shall take effect.