Bill Text: NY S00350 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 350

Introduced

Bill Title: Provides that for any legal challenge to the constitutionality of a provision of the election law, venue shall be brought in the following designated court in the judicial department within which at least one plaintiff is located: first judicial department: New York county; second judicial department: Westchester county; third judicial department: Albany county; and fourth judicial department: Erie county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-09-20 - SIGNED CHAP.475 [S00350 Detail]

Download: New_York-2023-S00350-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                           350

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to legal challenges to the
          constitutionality of provisions of such law

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

     1    Section  1. The election law is amended by adding a new section 16-101
     2  to read as follows:
     3    § 16-101. Actions or proceedings challenging provisions of this  chap-
     4  ter.  1. Notwithstanding any other law to the contrary, in any action or
     5  proceeding  in  which  any  party  challenges the constitutionality of a
     6  provision of this chapter, and any related statutory claims, venue shall
     7  be proper only in one of the following designated courts in  a  judicial
     8  department within which at least one plaintiff is located:
     9    (a) first judicial department:  New York county;
    10    (b) second judicial department: Westchester county;
    11    (c) third judicial  department: Albany county; or
    12    (d) fourth judicial department:  Erie county.
    13    2.  For the purposes of this section, a challenge to the constitution-
    14  ality of a provision of this chapter shall mean a challenge in any form,
    15  including but  not  limited  to  a  claim,  counter-claim,  cross-claim,
    16  defense,  or  affirmative  defense.  Such  a  claim may be raised by any
    17  party, including but not limited to a plaintiff, defendant,  third-party
    18  plaintiff, third-party defendant, intervenor, or substituted party.
    19    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02388-01-3