Bill Text: NY A04364 | 2021-2022 | General Assembly | Introduced


Bill Title: Authorizes party designations and nominations for elections to be made via video conference upon notice to the members of the respective committee; allows certificates of designation or nomination to be executed in separate acts by the signatories.

Spectrum: Slight Partisan Bill (Democrat 19-8)

Status: (Engrossed - Dead) 2022-02-02 - recommitted to election law [A04364 Detail]

Download: New_York-2021-A04364-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4364

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2021
                                       ___________

        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Election Law

        AN ACT to amend the election  law,  in  relation  to  authorizing  party
          designations  and  nominations  for  elections  to  be  made via video
          conference; and providing for the repeal of such provisions upon expi-
          ration thereof

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

     1    Section  1.  Section 15-108 of the election law is amended by adding a
     2  new subdivision 11 to read as follows:
     3    11. All party designations and nominations pursuant to  this  article,
     4  except for a primary election, may be made in whole or in part via video
     5  conference  upon at least seventy-two hours notice to the members of the
     6  respective committee by mail, an appropriately  titled  email,  text  or
     7  telephone call at an address or number expressly provided in writing for
     8  the  purpose  of  receiving  such  notices.  Such  notice  must  include
     9  instructions to participants on how to access the meeting by such  video
    10  conference.    Where  the  meeting is held in whole or in part via video
    11  conference, the presiding officer shall afford a  fair  and  appropriate
    12  opportunity  for  persons  eligible  to  attend  to listen, hear, and be
    13  heard, in a manner similar to that which would be afforded if the  meet-
    14  ing  were  held  in person.   Certificates of designation or nomination,
    15  minutes, authorizations and/or acceptances may be executed  in  separate
    16  acts  by the signatories thereto and where acknowledgements or oaths are
    17  required, they may be performed or administered remotely and pursuant to
    18  executive order 202.7 of 2020 allowing  notarizations  to  be  performed
    19  using communication technology.
    20    §  2.  Section  6-202  of  the election law is amended by adding a new
    21  subdivision 6 to read as follows:
    22    6. All party designations and  nominations  pursuant  to  this  title,
    23  except for a primary election, may be made in whole or in part via video

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09382-02-1

        A. 4364                             2

     1  conference  upon at least seventy-two hours notice to the members of the
     2  respective committee by mail, an appropriately  titled  email,  text  or
     3  telephone call at an address or number expressly provided in writing for
     4  the  purpose  of  receiving  such  notices.  Such  notice  must  include
     5  instructions to participants on how to access the meeting by such  video
     6  conference.    Where  the  meeting is held in whole or in part via video
     7  conference, the presiding officer shall afford a  fair  and  appropriate
     8  opportunity  for  persons  eligible  to  attend  to listen, hear, and be
     9  heard, in a manner similar to that which  would be afforded if the meet-
    10  ing were held in person.   Certificates of  designation  or  nomination,
    11  minutes,  authorizations  and/or acceptances may  be  executed  in sepa-
    12  rate acts by the signatories thereto and where acknowledgements or oaths
    13  are required, they may be performed  or    administered    remotely  and
    14  pursuant  to  executive order 202.7 of 2020 allowing notarizations to be
    15  performed using communication technology.
    16    § 3. Section 6-100 of the election law is amended to read as follows:
    17    § 6-100. Nominations and designations; generally.  1.  Nomination  and
    18  designation  of  candidates for election to public office or party posi-
    19  tion are governed by this article.
    20    2. All party  designations  and  nominations,  except  for  a  primary
    21  election,  may  be  made at a meeting held in whole or in part via video
    22  conference  upon at least seventy-two hours notice to the members of the
    23  respective committee by mail, an appropriately titled email,  text    or
    24  telephone call at an address or number expressly provided in writing for
    25  the  purpose  of  receiving  such  notices.    Such  notice must include
    26  instructions to participants on how to access the meeting by such  video
    27  conference.    Where  the  meeting is held in whole or in part via video
    28  conference, the presiding officer shall afford a  fair  and  appropriate
    29  opportunity  for  persons  eligible  to  attend  to listen, hear, and be
    30  heard, in a manner similar to that which  would be afforded if the meet-
    31  ing were held in person.   Certificates of  designation  or  nomination,
    32  minutes, authorizations and/or acceptances may  be executed  in separate
    33  acts  by the signatories thereto and where acknowledgements or oaths are
    34  required, they may be performed or  administered remotely  and  pursuant
    35  to  executive  order  202.7 allowing notarizations to be performed using
    36  communication technology.
    37    3. Notwithstanding any provisions of law or a  party's  rules  to  the
    38  contrary,  proxy  voting  at  any  party  caucus, party meeting or party
    39  convention held pursuant to this chapter held in the year  two  thousand
    40  twenty-one  shall be permitted. Except where a greater number is permit-
    41  ted by a party committee's rules, any person eligible to attend and vote
    42  at such a meeting may hold up to ten proxies. A proxy statement  may  be
    43  in the form prescribed by the party's rule or as accepted in the past by
    44  the  party  entity  or  may be substantially as follows: "I, a member or
    45  eligible voter of (state name of party caucus, party  meeting  or  party
    46  convention),  do  hereby  give  my proxy authorization to (state name of
    47  proxy holder) who shall be authorized to vote in my stead at the meeting
    48  to be held on (date) and any adjourned date thereof." Any proxy  granted
    49  hereunder  shall  be revocable in a writing provided to the secretary or
    50  chair of the party entity or by the attendance of the proxy  grantor  at
    51  the meeting.
    52    §  4.  This  act shall take effect immediately and shall expire and be
    53  deemed repealed December 31, 2021.
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