Bill Text: NY S06374 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the presidential primary, to provide for the election of delegates to a national party convention or a national party conference in 2020; establishes the "Presidential" primary date as April 28, 2020.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-09-13 - APPROVAL MEMO.4 [S06374 Detail]
Download: New_York-2019-S06374-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6374 2019-2020 Regular Sessions IN SENATE June 6, 2019 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the election law, in relation to the conducting of the presidential primary, to provide for the election of delegates to a national party convention or a national party conference in 2020, and the "Presidential" and "June" primary in such year; to amend the election law, in relation to electing delegates to a national party convention; 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. Paragraph (a) of subdivision 1 of section 8-100 of the 2 election law, as amended by chapter 5 of the laws of 2019, is amended to 3 read as follows: 4 (a) A primary election shall be held on the fourth Tuesday in June 5 before every general election unless otherwise changed by an act of the 6 legislature. Members of the state and county committees and assembly 7 district leaders and associate district leaders and all other party 8 positions to be elected shall be elected at such primary and all nomi- 9 nations for public office required to be made at a primary election in 10 such year shall be made at such primary. In [each] the year two thousand 11 twenty in which electors of president and vice president of the United 12 States are to be elected an additional primary election, to be known as 13 the [spring] presidential primary, shall be held on [the first Tuesday14in February] April twenty-eight, two thousand twenty unless otherwise 15 changed by an act of the legislature, for the purpose of electing deleg- 16 ates and alternate delegates to the national convention. 17 § 2. Notwithstanding any inconsistent provisions of the election law, 18 a rule or resolution of a state committee providing for the selection of 19 delegates and alternate delegates to a national party convention or 20 national party conference in the year 2020 shall select either section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11640-03-9S. 6374 2 1 three or section four of this act in order to conform to the rules of a 2 national committee. A certified copy of such rule or resolution shall be 3 filed with the state board of elections no later than 22 weeks before 4 the presidential primary. 5 § 3. The election law is amended by adding a new section 2-122-a to 6 read as follows: 7 § 2-122-a. National convention; national party conference. 1. The 8 rules of the state committee of a party may provide that the delegates 9 and alternate delegates to a national convention or national party 10 conference be elected by a combination of all of the following methods: 11 a. By votes cast at a primary election for candidates for the office 12 of president of the United States in which the names of candidates for 13 such office appear on the ballot; 14 b. By votes cast at a primary election for candidates for the posi- 15 tions of delegate and alternate delegate to a national convention in 16 districts no larger than congressional districts; and 17 c. By the state committee or a committee of the state committee at a 18 meeting or convention called for such purpose as the rules of the party 19 may provide. 20 2. If the rules of a state committee adopted pursuant to the 21 provisions of this section provide for a primary election in which the 22 office of president of the United States appears on the ballot, desig- 23 nation of candidates for such office shall be made pursuant to the 24 provisions of sections 6-100, 6-118, 6-122 (except that such candidates 25 need not be citizens of New York but only citizens of the United 26 States), 6-130, 6-132 (except that references to a committee to fill 27 vacancies shall be deemed references to a committee to receive notices), 28 6-134, 6-144, the provisions with respect to declinations in subdivi- 29 sions one and two of section 6-146 (except that references to a commit- 30 tee to fill vacancies shall be deemed references to a committee to 31 receive notices), 6-154, and subdivision one and the provision with 32 respect to declinations in subdivision two of section 6-158 (except that 33 such candidates may decline such designations not later than February 34 tenth, two thousand twenty) of this chapter. The state board of 35 elections shall forthwith notify the appropriate county boards of 36 elections of any such declination filed. 37 3. Designating petitions, where required for candidates for the office 38 of president of the United States to be voted on by voters of the entire 39 state in a primary election, must be signed by not less than five thou- 40 sand of the then enrolled voters of the party in the state. 41 4. If the rules of a state committee provide for a primary election in 42 which the office of the president of the United States appears on the 43 ballot, in addition to the spaces on the ballot with the names of the 44 candidates designated for such office there may be a space with the word 45 "uncommitted". The "uncommitted" space shall be listed on the ballot 46 provided that a designating petition for such "uncommitted" space which 47 meets the same requirements as a petition designating a candidate for 48 the office of president of the United States is filed in the same manner 49 as is required for such a petition. 50 5. a. The form of a petition requesting that an "uncommitted" space be 51 listed on the ballot at a primary election for the office of president 52 of the United States held pursuant to the provisions of this section 53 shall be substantially as follows: 54 I, the undersigned, do hereby state that I am a duly enrolled voter of 55 the .................... Party and entitled to vote at the next primary 56 election of such party to be held on the ...... day ofS. 6374 3 1 ............... 20..., that my place of residence is truly stated oppo- 2 site my signature hereto, and I do hereby request that an "uncommitted" 3 space be listed on the ballot at the primary election of such party for 4 the office of president of the United States. 5 b. The appointment of a committee to receive notices shall be in the 6 form prescribed for a petition for an opportunity to ballot. The signa- 7 tures on the petition with all the required information and the signed 8 statement of a witness or authentication by a person authorized to take 9 oaths shall be in the form prescribed for a designating petition for 10 such office. 11 6. a. If the rules of a state committee, adopted pursuant to the 12 provisions of this section, provide that the positions of delegate and 13 alternate delegate to a national convention appear on the ballot, desig- 14 nation of candidates for such positions shall be made pursuant to the 15 provisions of sections 6-100, 6-118, 6-122, 6-130, 6-132 (except that 16 references to a committee to fill vacancies shall be deemed references 17 to a committee to receive notices), 6-134, 6-144, the provisions with 18 respect to declinations in subdivisions one and two of section 6-146 19 (except that references to a committee to fill vacancies shall be 20 deemed references to a committee to receive notices), 6-147, 6-154, and 21 subdivision one and the provision with respect to declinations in subdi- 22 vision two and subdivision three of section 6-158 of this chapter. 23 b. Candidates for the positions of district delegate and alternate 24 district delegate to a national party convention pursuant to the 25 provisions of this section shall be enrolled members of such party and 26 residents of the district in which they are candidates. The board of 27 elections with which a petition is filed shall conduct a prima facie 28 review of the enrollment status of candidates for district delegate and 29 alternate district delegate to determine ballot eligibility. The 30 congressional districts used for the election of such delegates and 31 alternate delegates shall be those districts in effect for the two thou- 32 sand eighteen congressional elections. 33 c. Designating petitions for candidates for such positions must be 34 signed by at least five hundred enrolled voters of the party residing in 35 the district in which such candidates are designated, or by at least 36 one-half of one percent (0.5%) of the then enrolled voters of such party 37 in such district, whichever is less. Such petition signature requirement 38 shall be computed using the official February first, two thousand nine- 39 teen enrollments published by the state board of elections. 40 d. The designating petition for any such candidate or candidates shall 41 have printed thereon prior to the affixing of any signatures thereto, a 42 legend naming the presidential candidate whom such candidates are 43 pledged to support, or a legend that such candidates are uncommitted. 44 Such legend shall be part of the title of such position. 45 e. No designating petition containing the names of more than one 46 candidate for either such position shall be valid under this section, 47 for purposes of delegates and alternate delegates, unless all such 48 candidates for such positions have printed on such petition the legend 49 that they are pledged to the same presidential candidate or unless all 50 such candidates for such positions have printed on such petition the 51 legend that they are uncommitted. 52 f. On the designating petition shall appear, in parenthesis, the 53 letter (M) if the candidate identifies as male, the letter (F) if the 54 candidate identifies as female or the letters (NB) if the candidate 55 identifies as non-binary. No designating petition containing the names 56 of more than one candidate for either such position shall be presump-S. 6374 4 1 tively valid unless among the candidates for delegate as a group, and 2 among the candidates for alternate as a group, the variance within each 3 group between those identifying as male and those identifying as female 4 shall be no greater than one. 5 g. In the event that a designating petition is filed for candidates 6 for such positions listed as pledged to support a presidential candidate 7 or as uncommitted, and the name of such presidential candidate, or the 8 word uncommitted, will not appear on the ballot at the presidential 9 primary election in two thousand twenty, then the petition designating 10 such candidates for such positions shall be null and void and the names 11 of such candidates for such positions shall not appear on the ballot. 12 h. Every board of elections with which designating petitions are filed 13 pursuant to the provisions of this section shall, not later than four 14 days after the last day to file such petitions, file with the state 15 board of elections by express mail or by electronic transmission, a 16 complete list of all candidates for delegate and alternate delegate 17 together with their residence addresses, the districts in which they are 18 candidates and the name of the presidential candidate whom they are 19 pledged to support or that they are uncommitted. Such boards of 20 elections shall, not later than the day after a certificate of declina- 21 tion or substitution is filed with respect to any such candidate, file 22 such information with respect to such candidate with the state board of 23 elections by electronic transmission. 24 7. a. The rules of a state committee adopted pursuant to the 25 provisions of this section may provide that no candidate for the posi- 26 tions of delegate and alternate delegate may appear on the ballot as 27 pledged to support a particular presidential candidate, or as uncommit- 28 ted, unless the name of such candidate for such position appears on a 29 certificate listing the names of those candidates for such positions who 30 have filed statements of candidacy for such positions with the secretary 31 of the state committee within the time prescribed by such rules and who, 32 if their statements of candidacy contained a pledge of support of a 33 presidential candidate, were not rejected by such presidential candi- 34 date. Such certificate shall also list the address and gender of each 35 such candidate for delegate and alternate delegate and the district in 36 which such candidate may appear on the ballot. 37 b. Such certificate shall be filed by the secretary of such state 38 committee, with the board of elections with which the designating 39 petitions for such candidates for such positions are required to be 40 filed, not later than February eighteenth, two thousand twenty. 41 c. In the event that a designating petition for candidates for such 42 positions, listed as pledged to support a presidential candidate, 43 contains the names of one or more persons who have not been permitted by 44 such presidential candidate to appear on the ballot as so pledged pursu- 45 ant to the provisions of this section, then the names of such candidates 46 shall not appear on the ballot but the names of other candidates on such 47 petition who have been permitted by the presidential candidate to appear 48 on the ballot shall be placed on the ballot provided that such candi- 49 dates are otherwise eligible and that such petition is otherwise valid. 50 d. The state board of elections shall send a copy of the certificate 51 required by section 4-110 of this chapter to the secretary of the state 52 committee of each party conducting a primary pursuant to the provisions 53 of this section not later than March fourth, two thousand twenty. Every 54 other board of elections with which designating petitions for delegate 55 and alternate delegate were filed pursuant to the provisions of this 56 section shall, not later than March fifth, two thousand twenty, send aS. 6374 5 1 list of the names and addresses of those candidates who will appear on 2 the ballot to the secretary of each such state committee. 3 8. a. If the rules of a state committee adopted pursuant to the 4 provisions of this section provide for an election in which candidates 5 for the office of president of the United States and the word "uncommit- 6 ted" and candidates for the positions of delegate and alternate delegate 7 to a national convention appear on the ballot, such ballot shall be 8 arranged in the manner prescribed by this section. 9 b. The name of each candidate for the office of president of the 10 United States who has qualified to appear on the ballot and the word 11 "uncommitted," if a valid designating petition to place such word on the 12 ballot was filed with the state board of elections, shall appear in a 13 separate row or column. The names of all the candidates for delegate to 14 a national convention who filed designating petitions containing a 15 legend naming the presidential candidate whom they are pledged to 16 support or stating that they are uncommitted shall be listed in such row 17 or column immediately under or adjacent to the name of such presidential 18 candidate or the word "uncommitted," followed by the names of all candi- 19 dates for alternate delegate to such convention who filed such 20 petitions. If the number of candidates, or groups of candidates for 21 delegate and alternate delegate who are pledged to support a particular 22 presidential candidate or who are uncommitted is greater than the number 23 who may be listed in one row or column and if there are more rows or 24 columns available on the ballot than are required for the candidates for 25 president who have qualified to appear on the ballot, then the board of 26 elections shall use two rows or columns on such ballot to list the names 27 of such candidates for delegate and alternate delegate. 28 c. The order of the names of candidates for the office of president 29 and the word "uncommitted" on the ballot and the order of the names of 30 candidates for the positions of delegate or alternate delegate within a 31 particular row or column shall be determined pursuant to the provisions 32 of subdivision three of section 7-116 of this chapter except that names 33 of candidates for such positions who are designated by individual 34 petitions and not in a group shall have their positions determined by 35 lot in the same drawing as groups and except further that candidates or 36 groups of candidates for delegates and alternate delegates designated by 37 the same petition shall be treated as one group for the purposes of such 38 determination by lot. The provisions of subdivision six of such section 39 7-116 of this chapter shall not apply to any election conducted pursuant 40 to the provisions of this section. 41 d. Immediately following the name of each candidate for delegate and 42 alternate delegate on the ballot shall appear, in parenthesis, the 43 letter (M) if such candidate identifies as male, the letter (F) if such 44 candidate identifies as female, or the letters (NB) if such candidate 45 identifies as non-binary. 46 9. All primary elections conducted pursuant to the provisions of this 47 section shall use only voting systems authorized by title two of article 48 seven of this chapter. 49 10. Persons entitled to vote pursuant to section 11-200 of this chap- 50 ter shall be entitled to sign designating petitions for, and vote in, 51 any election held pursuant to the provisions of this section. 52 11. If the rules of a state committee provide for a primary election 53 in which the office of president of the United States and the positions 54 of delegate and alternate delegate to a national convention appear on 55 the ballot pursuant to the provisions of this section, the state board 56 of elections and the county boards of elections as the case may be shallS. 6374 6 1 canvass the results of such primary election for such office and posi- 2 tions pursuant to the provisions of sections 9-200 and 9-202 of this 3 chapter, and shall certify to the secretary of the state committee of 4 such party the votes cast for each candidate for such office and posi- 5 tions in such primary election and the votes cast for the "uncommitted" 6 preference, tallied separately by congressional districts, except that 7 no candidate or "uncommitted" preference shall be certified as nominated 8 or elected to any such office or position. 9 12. Except as provided in this section and party rules and regu- 10 lations, all provisions of the election law, except any provisions of 11 section 2-122 of this article which are inconsistent with this section 12 and those sections and subdivisions of article six of this chapter not 13 specified in this section, shall apply to elections conducted pursuant 14 to this section. 15 § 4. The election law is amended by adding a new section 2-122-b to 16 read as follows: 17 § 2-122-b. Presidential primary. 1. Applicability. The selection of 18 delegates and alternate delegates from New York state to the national 19 convention of the Republican party in each year in which electors of 20 president and vice-president of the United States are to be elected 21 shall be conducted pursuant to the provisions of this section. The state 22 committee of any other political party may, by rule or resolution, opt 23 to conduct the selection of delegates and alternate delegates in any 24 such year in accordance with the provisions of this section. A certified 25 copy of such rule or resolution shall be filed with the state board of 26 elections no later than twenty weeks prior to the date of such election. 27 2. General provisions. The selection of delegates and alternate deleg- 28 ates to a national convention or conference of a political party pursu- 29 ant to this section shall be determined by the votes cast at a statewide 30 primary election for candidates for the office of president of the 31 United States in which the names of candidates for such office appear on 32 the ballot and the names of delegates and alternate delegates do not 33 appear on such ballot. All delegates and alternate delegates to a 34 national convention or conference of a political party from New York 35 state shall be allocated to the candidate receiving the greatest number 36 of votes at such presidential primary election. A political party shall 37 certify to the state board of elections, at least sixteen weeks prior to 38 the date of the presidential primary, the number of delegates to which 39 such party is entitled pursuant to its rules. At-large delegates and 40 alternate delegates shall be selected by the state committee of the 41 political party in accordance with the rules of the national committee 42 of such party and shall be allocated to the presidential candidate 43 receiving the greatest number of votes at the statewide presidential 44 primary election. 45 3. Ballot access methods. Candidates shall be eligible to appear on 46 the ballot in a presidential primary election of a political party for 47 the office of president of the United States pursuant to any of the 48 following provisions: 49 a. Any candidate who has been certified as eligible to receive presi- 50 dential primary matching fund payments pursuant to the provisions of 11 51 Code of Federal Regulations Part 9033, or any candidate who meets the 52 eligibility criteria regarding matchable contributions established in 11 53 Code of Federal Regulations Part 9033.2(b)(3) regardless of whether such 54 candidate actually applied for such matching fund payments, may request, 55 by certificate filed and received by the state board of elections no 56 sooner than sixteen weeks and not later than nine weeks prior to theS. 6374 7 1 date of the presidential primary, that the name of such candidate appear 2 on the ballot at the primary of such party in the state of New York for 3 that year. 4 b. Any candidate may request, by certificate filed and received by the 5 state board of elections no sooner than sixteen weeks and not later than 6 nine weeks prior to the date of the presidential primary, that the name 7 of such candidate appear on the ballot at the presidential primary of 8 such party in the state of New York for the office of president of the 9 United States. Such candidate shall be eligible to appear on the ballot 10 of such party in the state of New York at the presidential primary 11 election for that year if the state board of elections determines that 12 the person is a nationally known and recognized candidate and the candi- 13 dacy of such person for the party nomination for president is generally 14 and seriously advocated or recognized according to reports in the 15 national or state news media. Notwithstanding any inconsistent 16 provision of law to the contrary, a request by a candidate to appear on 17 the presidential primary ballot of a major political party shall be 18 determined solely by the commissioners of the state board of elections 19 who have been appointed on the recommendation of such political party or 20 the legislative leaders of such political party, and no other commis- 21 sioner of the state board of elections shall participate in such deter- 22 mination. The state board of elections shall act upon any such request 23 no later than fifty-six days before the presidential primary. 24 c. Any candidate shall be eligible to appear on the presidential 25 primary ballot pursuant to the provisions of article six of this chap- 26 ter. Designating petitions shall be signed by not less than five thou- 27 sand or five percent, whichever is less, of the then enrolled voters of 28 the party in the state. 29 d. Presidential candidates determined eligible to appear on the presi- 30 dential primary ballot may have their name removed from such primary 31 ballot by filing a certificate with the state board of elections and 32 received no later than fifty-six days before such primary election. 33 After such date but before the seventh day before the presidential 34 primary, presidential candidates may file a certificate with the state 35 board of elections deeming any vote for such presidential candidate to 36 be a void vote. 37 4. Election of delegates and alternate delegates from congressional 38 districts. a. Any candidate eligible to appear on the presidential 39 primary ballot pursuant to the provisions of subdivision three of this 40 section shall file a certificate with the state board of elections 41 received no later than nine weeks prior to the date of the presidential 42 primary setting forth a complete slate of proposed delegates and alter- 43 nate delegates for each delegate and alternate delegate position to be 44 determined by the statewide primary election. The complete slate of 45 delegates and alternate delegates shall consist only of enrolled members 46 of such political party who reside in the congressional district they 47 seek to represent and who have committed to support such candidate and 48 shall be consistent with the rules of such party, including the rules of 49 the national party, if applicable. The state board of elections shall 50 review each such slate, and if it determines that such slate is not 51 complete or is not otherwise in compliance with the provisions of this 52 paragraph, it shall notify the candidate of any defects forthwith and 53 provide such candidate with no less than three business days to cure any 54 defects. A candidate eligible to appear on the ballot pursuant to the 55 provisions of subdivision three of this section shall appear on suchS. 6374 8 1 presidential primary election ballot only upon the filing of a valid 2 certificate in compliance with the provisions of this paragraph. 3 b. All delegates and alternate delegates, other than at-large deleg- 4 ates selected by the state committee of a political party, shall be 5 allocated to the presidential candidate receiving the greatest number of 6 votes at such presidential primary election. Such delegate positions 7 shall be filled in accordance with the slate of delegates and alternate 8 delegates set forth on the certificate filed pursuant to paragraph a of 9 this subdivision; provided, however, that the state board of elections 10 shall provide a candidate with a reasonable opportunity to fill any 11 delegate or alternate delegate positions that have become vacant subse- 12 quent to the filing of such certificate. The state board of elections 13 shall certify to the chairman of the state committee of such party, each 14 candidate and the national committee of such party the slate of deleg- 15 ates and alternate delegates elected as a result of the primary 16 election. 17 5. Election of at-large delegates and at-large alternate delegates. 18 At-large delegates and at-large alternate delegates shall be selected by 19 the New York republican state committee. All at-large delegates and 20 at-large alternate delegates shall be allocated to the presidential 21 candidate receiving the greatest number of votes cast for a presidential 22 candidate at the presidential primary election. 23 6. All provisions of this chapter which are not inconsistent with this 24 section shall be applicable to a primary election conducted pursuant to 25 this section. 26 § 5. Section 6-158 of the election law is amended by adding a new 27 subdivision 1-a to read as follows: 28 1-a. A designating petition for a presidential primary election shall 29 be filed not earlier than the thirteenth Monday before, and not later 30 than the twelfth Thursday preceding the presidential primary election. 31 § 6. Subdivision 6 of section 6-158 of the election law, as amended by 32 chapter 5 of the laws of 2019, is amended to read as follows: 33 6. (a) A certificate of a party nomination made other than at the 34 primary election for an office to be filled at the time of a general 35 election shall be filed not later than thirty days after the June prima- 36 ry election, (b) except that a certificate of nomination for an office 37 which becomes vacant after the seventh day preceding such primary 38 election shall be filed not later than thirty days after the primary 39 election or ten days after the creation of such vacancy, whichever is 40 later, and (c) except, further, that a certificate of party nomination 41 of candidates for elector of president and vice-president of the United 42 States shall be filed not later than [seventy-four] seventy-three days 43 after the June primary election, and (d) except still further that a 44 certificate of party nomination made at a judicial district convention 45 shall be filed not later than the day after the last day to hold such 46 convention and the minutes of such convention, duly certified by the 47 chairman and secretary, shall be filed within seventy-two hours after 48 adjournment of the convention. A certificate of party nomination for an 49 office to be filled at a special election shall be filed not later than 50 ten days following the issuance of a proclamation of such election. 51 § 7. Severability. If any sentence, clause, subparagraph, paragraph, 52 subdivision, section or other part of this act, or the application ther- 53 eof to any party, person or circumstances shall be held or adjudged by 54 any court of competent jurisdiction to be invalid, such holding or judg- 55 ment shall not affect, impair or invalidate the remainder or any portion 56 of the remainder of this act, or the application of such section or partS. 6374 9 1 of a section held or adjudged to be invalid, to any other person or 2 circumstances, but shall be confined in its operation to the sentence, 3 clause, subparagraph, paragraph, subdivision, section or other part of 4 this act directly involved in the controversy in which such holding or 5 judgment shall have been rendered, or to the party, person and circum- 6 stances therein involved. 7 § 8. This act shall take effect immediately; provided, however, if 8 this act shall have become a law after July 1, 2019, it shall take 9 effect immediately and shall be deemed to have been in full force and 10 effect on and after July 1, 2019; provided further that section six of 11 this act shall take effect December 15, 2019; and provided further, this 12 act shall expire December 31, 2020 when upon such date the provisions of 13 this act shall be deemed repealed.
