STATE OF NEW YORK
________________________________________________________________________
567
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. ABINANTI, PAULIN, BRAUNSTEIN, WEPRIN, JAFFEE,
HOOPER, BUCHWALD -- Multi-Sponsored by -- M. of A. GUNTHER, WALKER --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to requirements of
witnesses to a designating petition or independent nominating petition
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivisions 2 and 3 of section 6-132 of the election law,
2 as amended by chapter 447 of the laws of 2006, are amended to read as
3 follows:
4 2. There shall be appended at the bottom of each sheet a signed state-
5 ment of a witness who is a duly qualified voter of the state [and], who
6 is an enrolled voter of the same political party as the voters qualified
7 to sign the petition[, and who is also a resident of the political
8 subdivision in which the office or position is to be voted for. However,
9 in the case of a petition for election to the party position of member
10 of the county committee, residence in the same county shall be suffi-
11 cient] and who has not previously signed a petition for another candi-
12 date for the same office. Such a statement shall be accepted for all
13 purposes as the equivalent of an affidavit, and if it contains a materi-
14 al false statement, shall subject the person signing it to the same
15 penalties as if he or she had been duly sworn. The form of such state-
16 ment shall be substantially as follows:
17 STATEMENT OF WITNESS
18 I,..................... (name of witness) state: I am a duly qualified
19 voter of the State of New York and am an enrolled voter of
20 the....................... party. I now reside at....................
21 (residence address).
22 Each of the individuals whose names are subscribed to this petition
23 sheet containing................. (fill in number) signatures,
24 subscribed the same in my presence on the dates above indicated and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03286-01-7
A. 567 2
1 identified himself or herself to be the individual who signed this
2 sheet.
3 I understand that this statement will be accepted for all purposes as
4 the equivalent of an affidavit and, if it contains a material false
5 statement, shall subject me to the same penalties as if I had been duly
6 sworn.
7 Date:....................... ..........................
8 Signature of Witness
9 Witness identification information: The following information must be
10 completed prior to filing with the board of elections in order for this
11 petition sheet to be valid.
12 Town or City County
13 ............ ........
14 3. In lieu of the signed statement of a witness who is a duly quali-
15 fied voter of the state [qualified to sign the petition], the following
16 statement signed by a notary public or commissioner of deeds shall be
17 accepted:
18 On the dates above indicated before me personally came each of the
19 voters whose signatures appear on this petition sheet containing
20 ............. (fill in number) signatures, who signed same in my pres-
21 ence and who, being by me duly sworn, each for himself or herself, said
22 that the foregoing statement made and subscribed by him or her, was
23 true.
24 Date:..................
25 .............................
26 (Signature and official title
27 of officer administering oath)
28 § 2. Paragraph b of subdivision 1 and subdivision 2 of section 6-140
29 of the election law, paragraph b of subdivision 1 as amended by chapter
30 246 of the laws of 2009 and subdivision 2 as amended by chapter 447 of
31 the laws of 2006, is amended to read as follows:
32 b. There shall be appended at the bottom of each sheet a signed state-
33 ment of a witness who is a duly qualified voter of the state and who has
34 not previously signed a petition for another candidate for the same
35 office. Such a statement shall be accepted for all purposes as the
36 equivalent of an affidavit, and if it contains a material false state-
37 ment, shall subject the person signing it to the same penalties as if he
38 or she had been duly sworn. The form of such statement shall be substan-
39 tially as follows:
40 STATEMENT OF WITNESS
41 I, ...................... (name of witness) state: I am a duly quali-
42 fied voter of the State of New York and now reside at
43 ........................................ (residence address).
44 Each of the individuals whose names are subscribed to this petition
45 sheet containing ........ (fill in number) signatures, subscribed the
46 same in my presence on the dates above indicated and identified himself
47 or herself to be the individual who signed this sheet.
48 I understand that this statement will be accepted for all purposes as
49 the equivalent of an affidavit and, if it contains a material false
50 statement, shall subject me to the same penalties as if I had been duly
51 sworn.
52 Date: ................ .........................
A. 567 3
1 Signature of Witness
2 Witness identification information:
3 The following information must be completed prior to filing with the
4 board of elections in order for this petition sheet to be valid.
5 Town or City County
6 ............... .........
7 2. In lieu of the signed statement of a witness who is a duly quali-
8 fied voter of the state [qualified to sign the petition], the following
9 statement signed by a notary public or commissioner of deeds shall be
10 accepted:
11 On the dates above indicated before me personally came each of the
12 voters whose signatures appear on this petition sheet containing
13 .......... (fill in number) signatures, who signed same in my presence
14 and who, being by me duly sworn, each for himself or herself, said that
15 the foregoing statement made and subscribed by him or her, was true.
16 Date: ......................
17 ................................
18 (Signature and official title
19 of officer administering oath)
20 § 3. Subdivision 1 of section 6-204 of the election law, as amended by
21 chapter 447 of the laws of 2006, is amended to read as follows:
22 1. Party designations for elective village offices shall be made on a
23 designating petition containing the signatures in ink of residents of
24 the village who are registered to vote with the appropriate county board
25 of elections at the time of signing and who are enrolled in such poli-
26 tical party. The sheets of such a petition shall be numbered. A signer
27 need not himself or herself fill in the date or residence. Each sheet of
28 such petition must be in substantially the following form and shall
29 contain all the information required therein:
30 PARTY DESIGNATING PETITION
31 I, the undersigned do hereby state that I am a registered voter of the
32 Village of ............. and a duly enrolled voter of the .............
33 party and entitled to vote at the next primary election of such party,
34 that my place of residence is truly stated opposite my signature hereto,
35 and I hereby designate the following named person (or persons) as a
36 candidate or (candidates) for nomination of such party for the public
37 office or (public offices) to be voted for at the primary election to be
38 held on the ...... day of ............ 20.... as hereinafter specified.
39 Name of Candidate Public Office Term Residence
40 .................... ................. .......... ............
41 .................... ................. .......... ............
42 I do hereby appoint (insert names and addresses of at least three
43 persons, all of whom shall be enrolled voters of said party) as a
44 committee to fill vacancies in accordance with the provisions of the
45 election law.
46 In witness whereof, I have hereunto set my hand, the day and year
47 placed opposite my signature.
48 Date Name Residence
A. 567 4
1 ............. ............. ...............
2 ............. ............. ...............
3 STATEMENT OF WITNESS
4 I ............... (name of witness) state: I am a duly qualified voter
5 of the State of New York; and an enrolled voter of the ......... party
6 [and now reside in the Village of ......... County of ......... State
7 of New York at ............ (residence address) therein]. I now reside
8 at ..... (residence address). Each of the persons whose names are
9 subscribed to this petition sheet containing ......... signatures,
10 subscribed his or her name in my presence.
11 I understand that this statement will be accepted for all purposes as
12 the equivalent of an affidavit and, if it contains a material false
13 statement, shall subject me to the same penalties as if I had been duly
14 sworn.
15 ........................ .................................
16 Date: Signature of witness
17 In lieu of the signed statement of a witness who is a duly qualified
18 voter of the state qualified to sign the petition, the following state-
19 ment signed by a notary public shall be accepted:
20 On the dates above indicated before me personally came each of the
21 voters whose signatures appear on this petition sheet containing
22 ............. (fill in number) signatures, who signed same in my pres-
23 ence and who, being by me duly sworn, each for himself or herself, said
24 that the foregoing statement made and subscribed by him or her, was
25 true.
26 Date..................
27 ...............................
28 (Signature and official title
29 of officer administering oath)
30 Page No........
31 § 4. Subdivision 1 of section 6-206 of the election law, as amended by
32 chapter 447 of the laws of 2006, is amended to read as follows:
33 1. Independent nominations for elective village offices shall be made
34 by a petition containing the signatures in ink of residents of the
35 village who are registered with the appropriate county board of
36 elections at the time of signing. The sheets of such a petition shall be
37 numbered. A signer need not himself or herself fill in the date or resi-
38 dence. Each sheet of such petition must be in substantially the follow-
39 ing form and shall contain all the information required therein:
40 VILLAGE INDEPENDENT NOMINATING PETITION
41 I, the undersigned, do hereby state that I am a registered voter of
42 the Village of......., that my present place of residence is truly stat-
43 ed opposite my signature, and I do hereby nominate the following named
44 person (or persons) as a candidate (or as candidates) for election to
45 public office (or public offices) to be voted for at the election to be
46 held on the.....day of........, 20....., and that I select the
47 name........... (fill in name) as the name of the independent body
A. 567 5
1 making the nomination (or nominations) and.....(fill in emblem) as the
2 emblem of such body.
3 Name of
4 Candidate Public Office Term Residence
5 ............. .................... .... ...............
6 ............. .................... .... ...............
7 I do hereby appoint (insert names and addresses of at least three
8 persons, all of whom shall be registered voters within such village) as
9 a committee to fill vacancies in accordance with the provisions of the
10 election law.
11 In witness whereof, I have signed this petition on the day and year
12 stated before my signature.
13 Date Signature Residence
14 .......... ................. ...................
15 .......... ................. ...................
16 STATEMENT OF WITNESS
17 I, ..................... state that I am a duly qualified voter [and
18 now reside at ...................... (residence address) in the Village
19 of ................ in the State of New York in the County of
20 .................] of the State of New York. I now reside
21 at ................ (residence address). Each of the voters whose names
22 are subscribed to this petition sheet containing ................ (fill
23 in number) signatures, subscribed his or her name in my presence.
24 I understand that this statement will be accepted for all purposes as
25 the equivalent of an affidavit and, if it contains a material false
26 statement, shall subject me to the same penalties as if I had been duly
27 sworn.
28 ....................... ..............................
29 Date Signature of witness
30 § 5. Paragraph a of subdivision 3 of section 15-108 of the election
31 law, as amended by chapter 447 of the laws of 2006, is amended to read
32 as follows:
33 a. Party designations for elective village offices shall be made on a
34 designating petition containing the signatures in ink of residents of
35 the village who are registered to vote with the appropriate county board
36 of elections at the time of signing and who are enrolled in such poli-
37 tical party. The sheets of such a petition shall be numbered. Such peti-
38 tion must set forth in each instance the correct date of signing, the
39 name of the signer, and his or her present address, and may set forth a
40 committee to fill vacancies consisting of at least three qualified
41 voters of the village enrolled in such party and their residence within
42 the village. A signer need not himself or herself fill in the date or
43 residence. Each sheet of such petition must be in substantially the
44 following form and shall contain all the information required therein:
45 PARTY DESIGNATING PETITION
46 I, the undersigned do hereby state that I am a registered voter of the
47 Village of ...... and a duly enrolled voter of the ........ party and
48 entitled to vote at the next primary election of such party, that my
49 place of residence is truly stated opposite my signature hereto, and I
50 hereby designate the following named person (or persons) as a candidate
A. 567 6
1 (or candidates) for nomination of such party for the public office (or
2 public offices) to be voted for at the primary election to be held on
3 the ...... day of ........... 20.... as hereinafter specified.
4 Name of Candidate Public Office Term Residence
5 .................... ................. ....... ...............
6 .................... ................. ....... ...............
7 I do hereby appoint (insert names and addresses of at least three
8 persons, all of whom shall be enrolled voters of said party) as a
9 committee to fill vacancies in accordance with the provisions of the
10 election law.
11 IN WITNESS WHEREOF, I have hereunto set my hand, the day and year
12 placed opposite my signature.
13 Date Name Residence
14 ............. ............. ...............
15 ............. ............. ...............
16 STATEMENT OF WITNESS
17 I ............... (name of witness) state: I am a duly qualified voter
18 of the State of New York; and an enrolled voter of the ......... party
19 [and now reside in the Village of ......... County of ......... State of
20 New York at ............ (residence address) therein]. I now reside
21 at ..............(residence address). Each of the persons whose names
22 are subscribed to this petition sheet containing ......... signatures,
23 subscribed his or her name in my presence.
24 I understand that this statement will be accepted for all purposes as
25 the equivalent of an affidavit and, if it contains a material false
26 statement, shall subject me to the same penalties as if I had been duly
27 sworn.
28 § 6. Subdivision 4 of section 15-108 of the election law, as amended
29 by chapter 447 of the laws of 2006, is amended to read as follows:
30 4. Independent nominations for elective village offices shall be made
31 by a petition containing the signatures in ink of residents of the
32 village who are registered with the appropriate county board of
33 elections at the time of signing or who are residents of the village who
34 were on the list of registered voters for the last village election in
35 such village. The sheets of such a petition shall be numbered. Such
36 petition must set forth in each instance the correct date of signing,
37 the name of the signer and his or her present address, and may set forth
38 a committee to fill vacancies consisting of at least three persons qual-
39 ified to vote in the village election and their residence within the
40 village. A signer need not himself or herself fill in the date or resi-
41 dence. Each sheet of such petition must be in substantially the follow-
42 ing form and shall contain all the information required therein except
43 as may otherwise be permitted by law.
44 VILLAGE INDEPENDENT NOMINATING PETITION
45 I, the undersigned, do hereby state that I am a registered voter of
46 the Village of .........., that my present place of residence is truly
47 stated opposite my signature, and I do hereby nominate the following
A. 567 7
1 named person (or persons) as a candidate (or as candidates) for election
2 to public office (or public offices) to be voted for at the election to
3 be held on the ..... day of ........, 20....., and that I select the
4 name .............. (fill in name) as the name of the independent body
5 making the nomination (or nominations) and ..... (fill in emblem) as the
6 emblem of such body.
7 Name of Candidate Public Office Term Residence
8 .................... ................. ........ .................
9 .................... ................. ........ .................
10 I do hereby appoint _ _ _ _
11 Name Residence
12 ............................. .................................
13 ............................. .................................
14 as a committee to fill vacancies in accordance with the provisions of
15 the election law.
16 IN WITNESS WHEREOF, I have signed this petition on the day and year
17 stated before my signature.
18 Date Signature Residence
19 ............. ................. ...............
20 ............. ................. ...............
21 STATEMENT OF WITNESS
22 I, ............... state that I am a duly qualified voter [and now
23 reside at ............. (residence address) in the Village
24 of ........... in] of the State of New York [in the County
25 of ........ ]. I now reside at .......... (residence address). Each of
26 the voters whose names are subscribed to this petition sheet,
27 containing ........ (fill in number) signatures, subscribed his or her
28 name in my presence.
29 I understand that this statement will be accepted for all purposes as
30 the equivalent of an affidavit and, if it contains a material false
31 statement, shall subject me to the same penalties as if I had been duly
32 sworn.
33 Date .................... ...........................
34 Signature of Witness
35 § 7. This act shall take effect on the one hundred twentieth day after
36 it shall have become a law. Effective immediately, the addition, amend-
37 ment and/or repeal of any rules or regulations necessary for the imple-
38 mentation of this act on its effective date are authorized to be made on
39 or before such date.