S4827-2011 - NY Senate Open Legislation - Relates to nominating and designating petitions and certificates

Provides that a candidate who files such a certificate of acceptance for an office for which there have been filed certificates or petitions designating more than one candidate for the nomination of any party, may thereafter file a certificate of declination not later than the third day after the primary election.

Sponsor: GALLIVAN / Committee: ELECTIONS
Law Section: Election Law / Law: Amd S6-158, El L

S4827-2011 Actions

Apr 18, 2012: referred to election law
Apr 18, 2012: DELIVERED TO ASSEMBLY
Apr 18, 2012: PASSED SENATE
Mar 14, 2012: ADVANCED TO THIRD READING
Mar 13, 2012: 2ND REPORT CAL.
Mar 12, 2012: 1ST REPORT CAL.325
Mar 8, 2012: PRINT NUMBER 4827A
Mar 8, 2012: AMEND AND RECOMMIT TO ELECTIONS
Jan 4, 2012: REFERRED TO ELECTIONS
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 14, 2011: referred to election law
Jun 14, 2011: DELIVERED TO ASSEMBLY
Jun 14, 2011: PASSED SENATE
Jun 13, 2011: ADVANCED TO THIRD READING
Jun 7, 2011: 2ND REPORT CAL.
Jun 6, 2011: 1ST REPORT CAL.1027
Apr 27, 2011: REFERRED TO ELECTIONS

S4827-2011 Meetings

Elections: Jun 6, 2011

S4827-2011 Calendars

Active List: Jun 14, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011

S4827-2011 Votes

VOTE: COMMITTEE VOTE: - Elections - Jun 6, 2011

Ayes (7): O'Mara, Ball, Gallivan, Nozzolio, Ranzenhofer, Addabbo, Carlucci
Nays (1): Dilan

VOTE: FLOOR VOTE: - Jun 14, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Dilan

VOTE: COMMITTEE VOTE: - Elections - Mar 12, 2012

Ayes (7): O'Mara, Ball, Gallivan, Nozzolio, Ranzenhofer, Addabbo, Carlucci
Nays (1): Dilan

VOTE: FLOOR VOTE: - Apr 18, 2012

Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Dilan
Excused (3): Hannon, Huntley, Oppenheimer

S4827-2011 Memo

BILL NUMBER:S4827

TITLE OF BILL:
An act
to amend the election law, in relation to nominating and designating
petitions and certificates

PURPOSE:
To allow a candidate seeking to fill an office position in a general
election the opportunity to decline a party designation upon
conclusion of the primary election.

SUMMARY OF PROVISIONS:
Amends Section 6-158 of the election law. Subdivision 2 is amended to
provide that "a candidate who files such a certificate of acceptance
for an office for which there have been filed certificates or
petitions designating more than one candidate for the nomination of
any party, may thereafter file a certificate of declination not later
than the third day after the primary election." Subdivision 3 is
amended to provide for the filling of a vacancy resulting from the
filing of a certificate of declination as described in subdivision 2.

EXISTING LAW:
A certification of declination can only be filed within four days
after the final day to file such a designation.

JUSTIFICATION:
Currently, a candidate for an office to be filled at the time of a
general election has the ability to decline an independent nomination
after the primary election. No similar provision exists for a
candidate to decline a patty designation after a the primary
election. As a result of this, designated candidates who lost a party
primary are forced to remain on the ballot, regardless of whether
they have opted to end campaigning efforts or have endorsed another
candidate. The presence of a candidate on the ballot who has already
resigned from the race serves no other purpose than to siphon off
votes from earnest candidates.

The lack of such a provision has also encouraged the practice of using
Supreme Court nominations to create a vacancy after a primary
election. Something as important as a judicial
nomination should not be used as a tool to remove a candidate who no
longer wishes to run from a ballot. This bill would make this
practice unnecessary.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4827-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4827
 2011-2012 Regular Sessions
 I N  SENATE
 April 27, 2011
 
 Introduced  by Sen. GALLIVAN -- 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 nominating  and  desig
 nating petitions and certificates
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivisions 2 and 3 of section 6-158 of the election  law,
 subdivision 2 as amended by chapter 434 of the laws of 1984 and subdivi
 sion  3  as  amended  by chapter 703 of the laws of 1982, are amended to
 read as follows:

 2. A certificate of acceptance or declination of a  designation  shall
 be  filed  not later than the fourth day after the last day to file such
 designation, EXCEPT THAT A CANDIDATE WHO FILES  SUCH  A  CERTIFICATE  OF
 ACCEPTANCE FOR AN OFFICE FOR WHICH THERE HAVE BEEN FILED CERTIFICATES OR
 PETITIONS  DESIGNATING MORE THAN ONE CANDIDATE FOR THE NOMINATION OF ANY
 PARTY, MAY THEREAFTER FILE A CERTIFICATE OF DECLINATION NOT  LATER  THAN
 THE THIRD DAY AFTER THE PRIMARY ELECTION.
 3. A certificate to fill a vacancy in a designation caused by declina
 tion  shall be filed not later than the fourth day after the last day to
 decline. A certificate to fill a vacancy  in  a  designation  caused  by
 death [or], disqualification OR BY THE FILING OF A CERTIFICATE OF DECLI
 NATION  AS  DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION shall be filed
 not later than ten days  after  such  death  [or],  disqualification  or
 FILING  OF  A CERTIFICATE OF DECLINATION OR four days before the primary
 election, whichever is earlier.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10997-02-1

S4827-2011: Relates to nominating and designating petitions and certificates