Bill Text: NY A00242 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "nominating petitions streamlining act"; provides that candidates shall file a notice of intent to circulate designating petitions and pay a fee of five hundred dollars to the board of elections and if only one person of a particular party files such a notice for a particular position then he shall not need to file a designating petition to have his name placed on the ballot for such party.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to election law [A00242 Detail]
Download: New_York-2011-A00242-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
242
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to enacting the "nominat-
ing petitions streamlining act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "nominating petitions streamlining act".
3 S 2. Subdivision 6 of section 6-104 of the election law, as amended by
4 chapter 79 of the laws of 1992, is amended to read as follows:
5 6. The meeting of the state committee for the purpose of designating
6 candidates shall be held not earlier than twenty-one days before the
7 first day to [sign designating petitions] FILE A NOTICE OF INTENT TO
8 CIRCULATE A DESIGNATING PETITION and not later than the first day to
9 [sign designating petitions] FILE A NOTICE OF INTENT TO CIRCULATE A
10 DESIGNATING PETITION for the primary election.
11 S 2. Subdivision 1 of section 6-108 of the election law, as amended by
12 chapter 160 of the laws of 1996, is amended to read as follows:
13 1. In any town in a county having a population of over seven hundred
14 fifty thousand inhabitants, as shown by the latest federal decennial or
15 special population census, party nominations of candidates for town
16 offices shall be made at the primary preceding the election. In any
17 other town, nominations of candidates for town offices shall be made by
18 caucus or primary election as the rules of the county committee shall
19 provide, except that the members of the county committee from a town may
20 adopt by a two-thirds vote, a rule providing that the party candidates
21 for town offices shall be nominated at the primary election. If a rule
22 adopted by the county committee of a political party or by the members
23 of the county committee from a town, provides that party candidates for
24 town offices, shall be nominated at a primary election, such rule shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01415-01-1
A. 242 2
1 not apply to nor affect a primary held less than four months after a
2 certified copy of the rule shall have been filed with the board of
3 elections. After the filing of such a rule, the rule shall continue in
4 force until a certified copy of a rule revoking the same shall have been
5 filed with such board at least four months before a subsequent primary.
6 Such a caucus shall be held no earlier than the first day on which
7 [designating petitions] NOTICE OF INTENT TO CIRCULATE A DESIGNATING
8 PETITION for the fall primary election may be [signed] FILED.
9 S 3. Section 6-116 of the election law, as amended by chapter 373 of
10 the laws of 1978, is amended to read as follows:
11 S 6-116. Party nominations; election to fill a vacancy. A party nomi-
12 nation of a candidate for election to fill a vacancy in an elective
13 office required to be filled at the next general election, occurring
14 after seven days before the last day for [circulating designating
15 petitions] FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION
16 or after the holding of the meeting or convention to nominate or desig-
17 nate candidates for such, shall be made, after the day of the primary
18 election, by a majority vote of a quorum of the state committee if the
19 vacancy occurs in an office to be filled by all voters of the state, and
20 otherwise by a majority vote of a quorum of the members of a county
21 committee or committees last elected in the political subdivision in
22 which such vacancy is to be filled, or by a majority of such other
23 committee as the rules of the party may provide. A certificate of nomi-
24 nation shall be filed as provided for herein.
25 S 4. Section 6-118 of the election law, as amended by chapter 9 of the
26 laws of 1978, is amended to read as follows:
27 S 6-118. Designation and nomination by petition. Except as otherwise
28 provided by this article, the designation of a candidate for party nomi-
29 nation at a primary election and the nomination of a candidate for
30 election to a party position to be elected at a primary election shall
31 be by FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION AND
32 PAYING A FEE OF FIVE HUNDRED DOLLARS TO THE BOARD OF ELECTIONS AND BY
33 designating petition.
34 S 5. The election law is amended by adding a new section 6-117 to read
35 as follows:
36 S 6-117. NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION. 1. A
37 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, WITH ALL REQUIRED
38 INFORMATION CONTAINED THEREIN, SHALL BE FILED IN THE SAME PLACES AND
39 MANNER AS PROVIDED FOR DESIGNATING PETITIONS, AND SHALL BE FILED NO
40 EARLIER THAN THIRTY DAYS BEFORE THE FIRST DAY TO SIGN DESIGNATING
41 PETITIONS AND NO LATER THAN SEVEN DAYS BEFORE THE FIRST DAY TO SIGN
42 DESIGNATING PETITIONS.
43 2. A FEE OF FIVE HUNDRED DOLLARS SHALL BE PAID TO THE BOARD OF
44 ELECTIONS AT THE TIME OF FILING THE NOTICE OF INTENT TO CIRCULATE A
45 DESIGNATING PETITION WITH THE BOARD OF ELECTIONS.
46 3. IF ONLY ONE PERSON FROM A PARTY HAS FILED A NOTICE OF INTENT TO
47 CIRCULATE A DESIGNATING PETITION FOR A PARTICULAR POSITION AND PAID THE
48 REQUISITE FEE TO THE BOARD OF ELECTIONS THEN THAT PERSON SHALL BE NAMED
49 ON THE BALLOT WITHOUT HAVING TO CIRCULATE A DESIGNATING PETITION. FOR
50 THE PURPOSES OF THIS TITLE, A PERSON WHO IS NAMED ON THE BALLOT WITHOUT
51 HAVING TO CIRCULATE A DESIGNATING PETITION SHALL BE CONSIDERED AS BEING
52 NOMINATED BY PETITION.
53 4. THE STATE BOARD OF ELECTIONS SHALL PREPARE A SAMPLE FORM OF A
54 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION WHICH MEETS THE
55 REQUIREMENTS OF THIS SECTION AND SHALL DISTRIBUTE OR CAUSE SUCH FORMS TO
56 BE DISTRIBUTED TO EACH BOARD OF ELECTIONS. SUCH FORMS SHALL BE MADE
A. 242 3
1 AVAILABLE TO THE PUBLIC, UPON REQUEST, BY THE STATE BOARD OF ELECTIONS
2 AND EACH SUCH BOARD. ANY NOTICE OF INTENT TO CIRCULATE A DESIGNATING
3 PETITION THAT IS A COPY OF SUCH A SAMPLE SHALL BE DEEMED TO MEET THE
4 REQUIREMENTS OF FORM OF A NOTICE OF INTENT TO CIRCULATE A DESIGNATING
5 PETITION.
6 5. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION MAY DESIG-
7 NATE CANDIDATES FOR NOMINATION FOR ONE OR MORE DIFFERENT PUBLIC OFFICES
8 OR FOR NOMINATION FOR ELECTION TO ONE OR MORE PARTY POSITIONS OR BOTH,
9 BUT DESIGNATIONS OR NOMINATIONS FOR WHICH THE NOTICES ARE REQUIRED TO BE
10 FILED IN DIFFERENT OFFICES OR NOTICES FOR THE SAME PUBLIC OFFICE OR
11 PARTY POSITION IN DIFFERENT POLITICAL SUBDIVISIONS MAY NOT BE COMBINED
12 IN THE SAME NOTICE. IF TWO OR MORE OFFICES HAVING THE SAME TITLE ARE TO
13 BE FILLED FOR DIFFERENT TERMS, THE TERMS OF OFFICE SHALL BE INCLUDED AS
14 PART OF THE TITLE OF THE OFFICE.
15 6. NOTICES OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
16 DELIVERED TO THE BOARD OF ELECTIONS IN THE MANNER PRESCRIBED BY REGU-
17 LATIONS THAT SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS. SUCH
18 REGULATIONS SHALL BE NO MORE RESTRICTIVE THAN IS REASONABLY NECESSARY
19 FOR THE PROCESSING OF SUCH NOTICES BY THE BOARD OF ELECTIONS. SUCH
20 REGULATIONS SHALL BE BINDING ON THE BOARDS OF ELECTION IN EACH COUNTY
21 AND IN THE CITY OF NEW YORK. WHEN A DETERMINATION IS MADE THAT A NOTICE
22 OF INTENT TO CIRCULATE A DESIGNATING PETITION DOES NOT COMPLY WITH SUCH
23 REGULATIONS, THE CANDIDATE SHALL HAVE THREE BUSINESS DAYS FROM THE DATE
24 OF SUCH DETERMINATION TO CURE THE VIOLATION.
25 S 6. Subdivision 3 of section 6-120 of the election law, as amended by
26 chapter 226 of the laws of 1982, is amended to read as follows:
27 3. The members of the party committee representing the political
28 subdivision of the office for which a designation or nomination is to be
29 made, unless the rules of the party provide for another committee, in
30 which case the members of such other committee, and except as hereinaft-
31 er in this subdivision provided with respect to certain offices in the
32 city of New York, may, by a majority vote of those present at such meet-
33 ing provided a quorum is present, authorize the designation or nomi-
34 nation of a person as candidate for any office who is not enrolled as a
35 member of such party as provided in this section. In the event that such
36 designation or nomination is for an office to be filled by all the
37 voters of the city of New York, such authorization must be by a majority
38 vote of those present at a joint meeting of the executive committees of
39 each of the county committees of the party within the city of New York,
40 provided a quorum is present at such meeting. The certificate of author-
41 ization shall be filed not later than four days after the last day to
42 file the NOTICE OF INTENT TO CIRCULATE A designating petition, certif-
43 icate of nomination or certificate of substitution to which such author-
44 ization relates. The certificate of authorization shall be signed and
45 acknowledged by the presiding officer and the secretary of the meeting
46 at which such authorization was given.
47 S 7. Section 6-144 of the election law, as amended by chapter 635 of
48 the laws of 1990, the opening paragraph as amended by chapter 150 of the
49 laws of 1996, is amended to read as follows:
50 S 6-144. Nominating and designating petitions and certificates; place
51 for filing. Petitions, NOTICES, FEES, certificates and minutes speci-
52 fied in this article shall be filed in the office of the [Board] BOARD
53 of [Elections] ELECTIONS of the county, except as follows: for an
54 office or position to be voted for wholly within the city of New York,
55 in the office of the [Board] BOARD of [Elections] ELECTIONS of that
56 city; for an office or position to be voted for in a district greater
A. 242 4
1 than one county, or portions of two or more counties, in the office of
2 the state board of elections; for a village office to be filled in a
3 village election not conducted by the board of elections, in the office
4 of the village clerk. All such petitions, NOTICES, FEES and certificates
5 shall at the time of filing thereof be endorsed by such officer or board
6 with the day, hour and minute of such filing. Such officer or board
7 shall keep a book, which shall be open to public inspection in which
8 shall be entered the times of filing all such petitions, NOTICES, FEES,
9 and certificates; the names and residences of all candidates named ther-
10 ein; the names and residences of all candidates certified to such offi-
11 cer or board; the title of the office or party position; the name of the
12 party or independent body to which the petition, NOTICE, AND FEE or
13 certificate relates and a memorandum of any objections to such petition,
14 NOTICE, or certificate. Forthwith upon the filing of a petition, NOTICE,
15 AND FEE or certificate designating or nominating a person or persons for
16 public office, such officer or board shall mail notice thereof to each
17 such person. Such notice shall also state the last day to decline such
18 designation or nomination, and include a statement that the candidate's
19 name shall appear on the ballot as it appears in such notice.
20 S 8. Section 6-154 of the election law, subdivision 2 as amended by
21 chapter 248 of the laws of 1981, is amended to read as follows:
22 S 6-154. Nominations and designations; objections to. 1. Any petition
23 OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION filed with the
24 officer or board charged with the duty of receiving it shall be presump-
25 tively valid if it is in proper form and appears to bear the requisite
26 number of signatures, authenticated in a manner prescribed by this chap-
27 ter.
28 2. Written objections to any certificate of designation or nomination
29 or to a nominating or designating petition, NOTICE OF INTENT TO CIRCU-
30 LATE A DESIGNATING PETITION or a petition for opportunity to ballot for
31 public office or to a certificate of acceptance, a certificate of
32 authorization, a certificate of declination or a certificate of substi-
33 tution relating thereto may be filed by any voter registered to vote for
34 such public office and to a designating petition OR NOTICE OF INTENT TO
35 CIRCULATE A DESIGNATING PETITION or a petition for opportunity to ballot
36 for party position or a certificate of substitution, a certificate of
37 acceptance or a certificate of declination relating thereto by any voter
38 enrolled to vote for such party position. Such objections shall be filed
39 with the officer or board with whom the original petition OR NOTICE OF
40 INTENT TO CIRCULATE A DESIGNATING PETITION or certificate is filed with-
41 in three days after the filing of the petition OR NOTICE OF INTENT TO
42 CIRCULATE A DESIGNATING PETITION or certificate to which objection is
43 made, or within three days after the last day to file such a certif-
44 icate, if no such certificate is filed except that if any person nomi-
45 nated by an independent nominating petition, is nominated as a party
46 candidate for the same office by a party certificate filed, or a party
47 nomination made after the filing of such petition, the written objection
48 to such petition may be filed within three days after the filing of such
49 party certificate or the making of such party nomination. When such an
50 objection is filed, specifications of the grounds of the objections
51 shall be filed within six days thereafter with the same officer or board
52 and if specifications are not timely filed, the objection shall be null
53 and void. Each such officer or board is hereby empowered to make rules
54 in reference to the filing and disposition of such petition, NOTICE OF
55 INTENT TO CIRCULATE A DESIGNATING PETITION, certificate, objections and
56 specifications.
A. 242 5
1 3. When a determination is made that a certificate or petition OR
2 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION is insufficient,
3 such officer or board shall give notice of the determination forthwith
4 by mail to each candidate named in the petition, NOTICE or certificate,
5 and, if the determination is made upon specified objections, the objec-
6 tor shall be notified.
7 S 9. The section heading and subdivision 1 of section 6-158 of the
8 election law, subdivision 1 as amended by chapter 434 of the laws of
9 1984, are amended to read as follows:
10 Nominating and designating petitions, NOTICE OF INTENT TO CIRCULATE A
11 DESIGNATING PETITION and certificates, conventions; times for filing and
12 holding. 1. (A) A designating petition shall be filed not earlier than
13 the tenth Monday before, and not later than the ninth Thursday preceding
14 the primary election.
15 (B) A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
16 FILED NOT EARLIER THAN THIRTY DAYS BEFORE, AND NOT LATER THAN SEVEN DAYS
17 BEFORE, THE FIRST DAY TO SIGN A DESIGNATING PETITION.
18 S 10. Subdivision 3 of section 6-168 of the election law, as added by
19 chapter 143 of the laws of 1979, is amended to read as follows:
20 3. If, at any primary election in which more than one nomination is to
21 be made for the office of judge of the civil court of the city of New
22 York in any borough of such city or in any civil court district within
23 any such borough, only one candidate is designated for any such vacancy,
24 such candidate shall be deemed nominated and his name shall not appear
25 upon the primary ballot unless a NOTICE OF INTENT TO CIRCULATE A DESIG-
26 NATING PETITION AND, IF REQUIRED, A petition for opportunity to ballot
27 for such vacancy is filed pursuant to the provisions of this chapter.
28 S 11. Section 1-106 of the election law, subdivision 1 as amended by
29 chapter 700 of the laws of 1977, is amended to read as follows:
30 S 1-106. Filing of papers; when received. 1. All papers required to be
31 filed pursuant to the provisions of this chapter shall, unless otherwise
32 provided, be filed between the hours of nine A.M. and five P.M. If the
33 last day for filing shall fall on a Saturday, Sunday or legal holiday,
34 the next business day shall become the last day for filing. All papers
35 sent by mail in an envelope postmarked prior to midnight of the last day
36 of filing shall be deemed timely filed and accepted for filing when
37 received, except that all certificates and petitions of designation or
38 nomination, NOTICES OF INTENT TO CIRCULATE A DESIGNATING PETITION,
39 certificates of acceptance or declination of such designations and nomi-
40 nations, certificates of substitution for such designations or nomi-
41 nations and objections and specifications of objections to such certif-
42 icates and petitions required to be filed with the board of elections of
43 the city of New York must be actually received by such city board of
44 elections on or before the last day to file any such NOTICE, petition,
45 certificate or objection and such office shall be open for the receipt
46 of such NOTICES, petitions, certificates and objections until midnight
47 on the last day to file any such NOTICE, petition, certificate or
48 objection. Failure of the post office or any other person or entity to
49 deliver any such NOTICE, petition, certificate or objection to such city
50 board of elections on or before such last day shall be a fatal defect.
51 2. The failure to file any NOTICE, petition or certificate relating to
52 the designation or nomination of a candidate for party position or
53 public office or to the acceptance or declination of such designation or
54 nomination within the time prescribed by the provisions of this chapter
55 shall be a fatal defect.
A. 242 6
1 S 12. Subdivisions 6 and 6-a of section 3-220 of the election law,
2 subdivision 6 as amended by chapter 163 of the laws of 1994, and subdi-
3 vision 6-a as added by chapter 324 of the laws of 1977, are amended to
4 read as follows:
5 6. All petitions, NOTICES, certificates, objections or papers filed or
6 deposited with a board or officer before an election or primary and
7 relating to designations or nominations, and all registers, books,
8 statements, returns or papers so filed or deposited after registration,
9 enrollment, election or primary at which they were used or to which they
10 relate, not including, however, the voted, unused, protested, void or
11 wholly blank ballots, shall be preserved by such board or officer for at
12 least two years after the receipt thereof and until the determination of
13 any action or proceeding touching the same or in which they are ordered
14 to be preserved pending the action or proceeding and at the expiration
15 of such time they may be either destroyed or sold. Lists of registered
16 voters with computer generated facsimile signatures used in lieu of
17 registration poll records at any election shall be preserved until the
18 end of the fourth calendar year after the year of such election. In all
19 jurisdictions, the original statements of results made by the state
20 board of canvassers or a county or city board of canvassers and any
21 original record specifying the name of a person declared to have been
22 elected to a public office shall not be destroyed or sold but shall be
23 preserved, as part of the records of such board or officer, until other-
24 wise provided by law.
25 6-a. During the period prescribed by subdivision six of this section,
26 no petition OR NOTICE shall be removed from the office of the board of
27 elections for copying or any other purpose except while in the custody,
28 or under the supervision of a member or employee of such board or pursu-
29 ant to court order.
30 S 13. Subdivision 3 of section 3-502 of the election law, as renum-
31 bered by chapter 180 of the laws of 2005, is amended to read as follows:
32 3. All petitions, NOTICES and certificates of nomination or desig-
33 nation, or of declination thereof, for an election to which this section
34 applies, and all statements of receipts and expenditures relating to
35 such an election, required to be filed with any officer of Nassau coun-
36 ty, or political subdivision therein shall be filed with the board of
37 elections.
38 S 14. Subdivision 3 of section 3-504 of the election law, as renum-
39 bered by chapter 180 of the laws of 2005, is amended to read as follows:
40 3. All petitions, NOTICES and certificates of nomination or desig-
41 nation, or of declination thereof, for an election to which this section
42 applies, and all statements of receipts and expenditures required to be
43 filed with any officer of Suffolk county, or political subdivision ther-
44 ein shall be filed with the board of elections.
45 S 15. The section heading and subdivisions 1 and 2 of section 6-210 of
46 the election law, as added by chapter 359 of the laws of 1989, are
47 amended to read as follows:
48 Petitions, NOTICES and certificates; place and times for filing. 1.
49 Petitions, NOTICES and certificates specified in this title shall be
50 filed with the county board of elections.
51 2. a. A certificate of party nomination for an office to be filled at
52 the time of a general or special village election for offices shall be
53 filed not earlier than fifty-four days nor later than forty-seven days
54 preceding the election.
55 b. A certificate of acceptance or declination of a party nomination
56 for an office to be filled at the time of a general or special village
A. 242 7
1 election shall be filed not later than forty-four days prior to such
2 election.
3 c. A certificate to fill a vacancy caused by declination of a party
4 nomination for an office to be filled at the time of a general or
5 special village election shall be filed not later than forty-one days
6 prior to such election.
7 d. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
8 FILED NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN DAYS PRIOR TO
9 THE START OF PETITIONING.
10 E. Party designating petitions for a village primary election shall be
11 filed not earlier than twenty-two days nor later than fifteen days prior
12 to the primary election. Upon such a filing, the board of elections
13 shall immediately notify the village election chairman of such party and
14 the person or persons designated in such petition of the fact of such
15 filing and that such petition may be inspected in its office.
16 [e.] F. A written declination of a party designation must be filed
17 within three days of the date of the filing of the designating petition.
18 Upon the filing of such declination, the board of elections shall, with-
19 in one day notify the committee to fill vacancies named in the petition.
20 A certificate to fill the vacancy caused by a declination or any other
21 reason must be filed within three days after the date of the notice to
22 the committee to fill vacancies and shall have appended thereto the
23 written consent of the person or persons designated.
24 S 16. Section 6-212 of the election law, as added by chapter 359 of
25 the laws of 1989, is amended to read as follows:
26 S 6-212. Designations and nominations, objections. Written objections
27 to a nominating or designating petition, NOTICE OF INTENT TO CIRCULATE A
28 DESIGNATING PETITION, or to a certificate of nomination, certificate of
29 acceptance, certificate of authorization, certificate of declination or
30 certificate of substitution with respect to an office to be filled at a
31 general or special village election may be filed not later than the day
32 after the last day to file such petition, NOTICE OF INTENT TO CIRCULATE
33 A DESIGNATING PETITION, or certificate, or the day after such petition,
34 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, or certificate is
35 received by the board of elections if such petition, NOTICE OF INTENT TO
36 CIRCULATE A DESIGNATING PETITION, or certificate is mailed within the
37 time permitted by law, whichever is later. Written specifications of the
38 grounds for such objections shall be so filed within two days thereaft-
39 er. A failure to file such written specifications shall render the
40 original objection null and void. Upon receipt of written specifica-
41 tions, the county board of elections shall immediately notify each
42 candidate named in such petition, NOTICE OF INTENT TO CIRCULATE A DESIG-
43 NATING PETITION, or certificate and take all steps necessary and
44 consistent with this chapter to render a determination on the questions
45 raised in such objections and specifications. When a determination has
46 been made by the county board of elections that the petition, NOTICE OF
47 INTENT TO CIRCULATE A DESIGNATING PETITION, is sufficient or insuffi-
48 cient, it shall immediately notify each candidate named in the petition,
49 NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, or certificate,
50 and, if such determination was made on objection, the objector.
51 S 17. Paragraphs (c) and (d) of subdivision 1 and paragraph (e) of
52 subdivision 2 of section 7-114 of the election law, paragraph (c) of
53 subdivision 1 as amended by chapter 433 of the laws of 1984 and para-
54 graph (d) of subdivision 1 as amended and paragraph (e) of subdivision 2
55 as added by chapter 234 of the laws of 1976, are amended to read as
56 follows:
A. 242 8
1 (c) Where a candidate for nomination for the same public office or for
2 election to the same party position is designated by two or more
3 petitions OR NOTICES, his name shall be placed upon the ballot for the
4 primary election but once as such a candidate.
5 (d) The ballot shall not contain a space for voting for candidates for
6 uncontested offices and positions, and no ballot shall be printed for a
7 party whose primary is uncontested unless a [petition for opportunity to
8 ballot] NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION has been
9 filed.
10 (e) The names of candidates on paper ballots shall be numbered with
11 arabic numerals printed in heavy faced type beginning with "one" for the
12 first candidate named in the first part and continuing in numerical
13 order to and including the last candidate named in the last part, except
14 that where two or more candidates are to be elected to a party position,
15 the names of candidates designated by each petition OR NOTICE shall be
16 grouped, and each group shall have but one number, which shall be print-
17 ed opposite the approximate center of the group.
18 S 18. Paragraph a of subdivision 3 and subdivision 7 of section 15-108
19 of the election law, paragraph a of subdivision 3 as amended by chapter
20 447 of the laws of 2006, subdivision 7 as amended by chapter 462 of the
21 laws of 1977 and paragraph (e) of subdivision 7 as amended by chapter 9
22 of the laws of 1978, are amended to read as follows:
23 a. Party designations for elective village offices shall be made [on]
24 BY FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION AND
25 PAYING A FEE OF FIVE HUNDRED DOLLARS. IF MORE THAN ONE PERSON FROM A
26 PARTICULAR PARTY FILES A NOTICE OF INTENT TO CIRCULATE A DESIGNATING
27 PETITION FOR A PARTICULAR POSITION THEN a designating petition contain-
28 ing the signatures in ink of residents of the village who are registered
29 to vote with the appropriate county board of elections at the time of
30 signing and who are enrolled in such political party SHALL BE FILED.
31 The sheets of such a petition shall be numbered. Such petition must set
32 forth in each instance the correct date of signing, the name of the
33 signer, and his or her present address, and may set forth a committee to
34 fill vacancies consisting of at least three qualified voters of the
35 village enrolled in such party and their residence within the village. A
36 signer need not himself or herself fill in the date or residence. Each
37 sheet of such petition must be in substantially the following form and
38 shall contain all the information required therein:
39 PARTY DESIGNATING PETITION
40 I, the undersigned do hereby state that I am a registered voter of the
41 Village of ...... and a duly enrolled voter of the ........ party and
42 entitled to vote at the next primary election of such party, that my
43 place of residence is truly stated opposite my signature hereto, and I
44 hereby designate the following named person (or persons) as a candidate
45 (or candidates) for nomination of such party for the public office (or
46 public offices) to be voted for at the primary election to be held on
47 the ...... day of ........... 20.... as hereinafter specified.
48 Name of Candidate Public Office Term Residence
49 .................... ................. ....... ...............
50 .................... ................. ....... ...............
A. 242 9
1 I do hereby appoint (insert names and addresses of at least three
2 persons, all of whom shall be enrolled voters of said party) as a
3 committee to fill vacancies in accordance with the provisions of the
4 election law.
5 IN WITNESS WHEREOF, I have hereunto set my hand, the day and year
6 placed opposite my signature.
7 Date Name Residence
8 ............. ............. ...............
9 ............. ............. ...............
10 STATEMENT OF WITNESS
11 I ............... (name of witness) state: I am a duly qualified voter
12 of the State of New York; and an enrolled voter of the ......... party
13 and now reside in the Village of ......... County of ......... State of
14 New York at ............ (residence address) therein. Each of the
15 persons whose names are subscribed to this petition sheet
16 containing ......... signatures, subscribed his or her name in my pres-
17 ence.
18 I understand that this statement will be accepted for all purposes as
19 the equivalent of an affidavit and, if it contains a material false
20 statement, shall subject me to the same penalties as if I had been duly
21 sworn.
22 ....................... ...........................
23 Date Signature of Witness
24 page no. .........
25 7. a. A certificate of party nomination for an office to be filled at
26 the time of a general or special village election for offices shall be
27 filed not earlier than fifty-four days nor later than forty-seven days
28 preceding the election.
29 b. A certificate of acceptance or declination of a party nomination
30 for an office to be filled at the time of a general or special village
31 election shall be filed not later than forty-four days prior to such
32 election.
33 c. A certificate to fill a vacancy caused by declination of a party
34 nomination for an office to be filled at the time of a general or
35 special village election shall be filed not later than forty-one days
36 prior to such election.
37 d. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
38 FILED AND A FEE OF FIVE HUNDRED DOLLARS SHALL BE PAID IN THE OFFICE OF
39 THE VILLAGE CLERK NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN DAYS
40 PRIOR TO THE FIRST DAY TO SIGN DESIGNATING PETITIONS.
41 E. Party designating petitions for a village primary election shall be
42 filed in the office of the village clerk not earlier than twenty-two
43 days nor later than fifteen days prior to the primary election. Upon
44 such a filing, the village clerk shall immediately notify the village
45 election chairman of such party and the person or persons designated in
46 such petition of the fact of such filing and that such petition may be
47 inspected in his office.
48 [(e)] F. A written declination of a party designation must be filed in
49 the office of the village clerk within three days of the date of the
50 filing of the designating petition. Upon the filing of such declina-
51 tion, the village clerk shall, within one day notify the committee to
A. 242 10
1 fill vacancies named in the petition. A certificate to fill the vacancy
2 caused by a declination or any other reason must be filed with the
3 village clerk within three days after the date of the notice to the
4 committee to fill vacancies and shall have appended thereto the written
5 consent of the person or persons designated.
6 S 19. Subdivisions 1 and 2 of section 16-102 of the election law,
7 subdivision 1 as amended by chapter 373 of the laws of 1978 and subdivi-
8 sion 2 as amended by chapter 79 of the laws of 1992, are amended to read
9 as follows:
10 1. The nomination or designation of any candidate for any public
11 office or party position or any independent nomination, or the holding
12 of an uncontested primary election, by reason of a petition for an
13 opportunity to ballot OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING
14 PETITION having been filed, or the election of any person to any party
15 position may be contested in a proceeding instituted in the supreme
16 court by any aggrieved candidate, or by the chairman of any party
17 committee or by a person who shall have filed objections, as provided in
18 this chapter, except that the chairman of a party committee may not
19 bring a proceeding with respect to a designation or the holding of an
20 otherwise uncontested primary.
21 2. A proceeding with respect to a petition OR NOTICE shall be insti-
22 tuted within fourteen days after the last day to file the petition OR
23 NOTICE, or within three business days after the officer or board with
24 whom or which such petition OR NOTICE was filed, makes a determination
25 of invalidity with respect to such petition OR NOTICE, whichever is
26 later; except that a proceeding with respect to a petition OR NOTICE for
27 a village election or an independent nomination for a special election
28 shall be instituted within seven days after the last day to file the
29 petition OR NOTICE for such village election or independent nomination
30 or within three business days after the officer or board with whom or
31 which such petition OR NOTICE was filed, makes a determination of inva-
32 lidity with respect to such petition OR NOTICE, whichever is later. A
33 proceeding with respect to a primary, convention, meeting of a party
34 committee, or caucus shall be instituted within ten days after the hold-
35 ing of such primary or convention or the filing of the certificate of
36 nominations made at such caucus or meeting of a party committee.
37 S 20. This act shall take effect immediately.
