Bill Text: NY S08444 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to objections to designating and nominating petitions; outlines requirements for officers, boards and judges making determinations as to the sufficiency of a designating or nominating petition.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-03-01 - REFERRED TO ELECTIONS [S08444 Detail]
Download: New_York-2021-S08444-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8444 IN SENATE March 1, 2022 ___________ Introduced by Sens. REICHLIN-MELNICK, MAY -- 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 objections to designat- ing and nominating petitions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6-154 of the election law is amended by adding a 2 new subdivision 2-a to read as follows: 3 2-a. (a) When ruling on objections to designating and nominating 4 petitions, the officer or board with whom such objection is filed shall 5 construe all election laws, rules, and regulations liberally so as not 6 to deprive an individual of their right to run for office, or the voters 7 of their right to elect a candidate of their choice. 8 (b) The officer or board making a determination as to the sufficiency 9 of a petition shall abide by the following when making such determi- 10 nation: 11 (i) Objections related to a voter or witness statement address shall 12 not be valid if the voter or witness and the address are reasonably 13 ascertainable by the officer or board making a determination. 14 (ii) Objections shall not be valid simply because a voter or witness 15 writes in the name of the village, hamlet, or census designated place in 16 which such voter or witness lives rather than the city or town in which 17 such voter or witness lives. In the city of New York, an objection shall 18 not be valid simply because a voter or witness writes in the name of the 19 borough in which such voter or witness lives rather than the county in 20 which such voter or witness lives. 21 (iii) Objections related to pagination errors shall not be a basis for 22 invalidating a petition. 23 (iv) A petition shall not be invalidated because the signature count 24 appearing on the cover sheet is misstated. Only the number of signatures 25 actually appearing on the petition shall be counted. 26 (v) A petition shall not be invalidated because the stated number of 27 signatures that appear in the witness statement is inaccurate. Only the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13009-02-1S. 8444 2 1 number of signatures actually appearing on the petition shall be count- 2 ed. 3 (vi) An objection to a petition premised on the public office for 4 which a candidate was designated for nomination being inaccurately stat- 5 ed shall be valid only if a reasonable voter would be confused by the 6 description of such misstated office. 7 (vii) When the date appearing on the witness statement is earlier than 8 the stated date of some voter signatures, only the voter signatures that 9 bear a date that is later than the date borne by the witness statement 10 shall be invalid. 11 (viii) A petition may be rejected by the board of elections if such 12 petition does not meet the minimum number of signatures required pursu- 13 ant to section 6-136 of this article. 14 § 2. Section 16-102 of the election law is amended by adding a new 15 subdivision 2-a to read as follows: 16 2-a. (a) When ruling on objections to designating and nominating 17 petitions, the court shall construe all election laws, rules, and regu- 18 lations liberally so as not to deprive an individual of their right to 19 run for office, or the voters of their right to elect a candidate of 20 their choice. 21 (b) The court shall abide by the following when making such determi- 22 nation: 23 (i) Objections related to a voter or witness statement address shall 24 not be valid if the voter or witness and the address are reasonably 25 ascertainable by the officer or board making a determination. 26 (ii) Objections shall not be valid simply because a voter or witness 27 writes in the name of the village, hamlet, or census designated in which 28 such voter or witness lives rather than the city or town in which such 29 voter or witness lives. In the city of New York, an objection shall not 30 be valid simply because a voter or witness writes in the name of the 31 borough in which such voter or witness lives rather than the county in 32 which such voter or witness lives. 33 (iii) Objections related to pagination errors shall not be a basis for 34 invalidating a petition. 35 (iv) A petition shall not be invalidated because the signature count 36 appearing on the cover sheet is misstated. Only the number of signatures 37 actually appearing on the petition shall be counted. 38 (v) A petition shall not be invalidated because the stated number of 39 signatures that appear in the witness statement is inaccurate. Only the 40 number of signatures actually appearing on the petition shall be count- 41 ed. 42 (vi) An objection to a petition premised on the public office for 43 which a candidate was designated for nomination being inaccurately stat- 44 ed shall be valid only if a reasonable voter would be confused by the 45 description of such misstated office. 46 (vii) When the date appearing on the witness statement is earlier than 47 the stated date of some voter signatures, only the voter signatures that 48 bear a date that is later than the date borne by the witness statement 49 shall be invalid. 50 (viii) A petition may be rejected by the board of elections if such 51 petition does not meet the minimum number of signatures required pursu- 52 ant to section 6-136 of this chapter. 53 § 3. This act shall take effect immediately.
