S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   101

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Election Law

AN ACT to amend the election law, in relation  to  prohibiting  multiple
  party  designations  for  candidates  for  public office and to repeal
  subdivision 5 of section 7-104 of such law relating thereto

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

  Section  1.  Subdivision  1  of  section  6-146 of the election law is
amended to read as follows:
  1.  A person designated as a candidate for  nomination  or  for  party
position,  or  nominated  for  an  office,  otherwise  than at a primary
election, may, in a certificate signed and acknowledged by him  OR  HER,
and  filed as provided in this article, decline the designation or nomi-
nation; provided, however, that, if designated or nominated for a public
office other than a judicial office by a party of which he OR SHE is not
a duly enrolled member, or if  designated  or  nominated  for  a  public
office  other than a judicial office by more than one party or independ-
ent body or by an independent  body  alone,  such  person  shall,  in  a
certificate signed and acknowledged by him OR HER, and filed as provided
in  this article, accept the designation or nomination as a candidate of
each such party or independent body other than  that  of  the  party  of
which  he  OR  SHE  is an enrolled member, otherwise such designation or
nomination shall be null and void; PROVIDED, FURTHER, HOWEVER, THAT IF A
PERSON WHO HAS BEEN DESIGNATED AS A CANDIDATE FOR THE NOMINATION OF MORE
THAN ONE PARTY FOR THE  SAME  PUBLIC  OFFICE,  EXCEPT  JUDICIAL  OFFICE,
ACCEPTS  THE  DESIGNATION OF A PARTY OF WHICH HE OR SHE IS NOT ENROLLED,
ALL OTHER SUCH DESIGNATIONS OF SUCH CANDIDATE FOR SUCH OFFICE  SHALL  BE
DEEMED  TO HAVE BEEN DECLINED. IF A PERSON WHO ACCEPTS THE NOMINATION OF
AN INDEPENDENT BODY FOR AN OFFICE, EXCEPT JUDICIAL OFFICE, IS ALSO NOMI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03515-01-3
              

A. 101                              2

NATED BY A PARTY FOR SUCH OFFICE, SUCH NOMINATION  OF  SUCH  INDEPENDENT
BODY SHALL BE DEEMED TO HAVE BEEN DECLINED.
  S 2. Subdivision 4 of section 7-104 of the election law, as amended by
chapter 165 of the laws of 2010, is amended to read as follows:
  4. (a) The names of all candidates nominated by any party or independ-
ent body for an office shall always appear in the row or column contain-
ing  generally  the names of candidates nominated by such party or inde-
pendent body for other offices [except as hereinafter provided].
  (b) When the same person has been nominated for an office to be filled
at the election by more than one party, the voting machine shall  be  so
adjusted  that  his  or  her  name  shall  appear  in each row or column
containing generally the names of candidates for other offices nominated
by any such party.
  (c) [If such candidate has also been nominated by one  or  more  inde-
pendent  bodies, his or her name shall appear only in each row or column
containing generally the names of candidates for other offices nominated
by any such party and the name  of  each  such  independent  body  shall
appear  in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing ballots, or if such person shall fail to so designate, the names  of
such independent bodies shall appear in such row or column as such offi-
cer or board shall determine.
  (d)  If  any person shall be nominated for any office by one party and
two or more independent bodies his or  her  name  shall  appear  on  the
voting machine twice; once in the row or column containing generally the
names  of candidates for other offices nominated by such party, and once
in the row or column containing generally the names of candidates  nomi-
nated  by  the  independent  body designated by such person in a writing
filed with the officer or board  charged  with  the  duty  of  providing
ballots  and  in  connection with the name of such person in such row or
column shall appear the name of each independent body nominating him  or
her  or,  if  such  person  shall fail to so designate, the name of such
candidate and the names of such independent bodies shall appear in  such
row or column as such officer or board shall determine.
  (e)  If  any  person is nominated for any office only by more than one
independent bodies, his or her name  shall  appear  but  once  upon  the
machine in one such row or column to be designated by the candidate in a
writing filed with the officer or board charged with the duty of provid-
ing  ballots,  or  if  the  candidate shall fail to so designate, in the
place designated by the officer  or  board  charged  with  the  duty  of
providing  ballots,  and  in connection with his or her name there shall
appear the name of each independent body nominating  him  or  her,  but,
where  the  capacity of the machine will permit, the name of such person
shall not appear or be placed in a column or on a horizontal  line  with
the  names  of persons nominated by a party for other offices] NO PERSON
MAY BE THE CANDIDATE OF MORE THAN ONE PARTY OR INDEPENDENT BODY FOR  THE
SAME OFFICE, EXCEPT JUDICIAL OFFICE.
  S 3. Subdivision 5 of section 7-104 of the election law is REPEALED.
  S 4. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.