NY State Senate Bill 2015-S4420A

Senate Bill S4420A

2015-2016 Legislative Session

Relates to requirements of a witness to a designating petition or independent nominating petition

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 06, 2016	amended on third reading 4420a
May 11, 2016	advanced to third reading
May 10, 2016	2nd report cal.
May 09, 2016	1st report cal.726
Jan 06, 2016	referred to elections
Jun 25, 2015	committed to rules
Jun 03, 2015	advanced to third reading
Jun 02, 2015	2nd report cal.
Jun 01, 2015	1st report cal.1120
Mar 19, 2015	referred to elections

Votes

- May 9, 2016 - Elections Committee Vote
  S4420A
  
  8
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 9, 2016
      
      aye (8)
      
      Akshar
      
      Amedore
      
      Avella
      
      Comrie
      
      Dilan
      
      Gallivan
      
      Krueger
      
      Marchione
      
      excused (1)
      
      Nozzolio
  Jun 1, 2015 - Elections Committee Vote
  S4420A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Jun 1, 2015
      
      aye (9)
      
      Amedore
      
      Avella
      
      Comrie
      
      Dilan
      
      Funke
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Nozzolio

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S4420 - Details

See Assembly Version of this Bill:: A302
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§6-132, 6-140, 6-204, 6-206 & 15-108, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8650
2013-2014: A1464
2017-2018: S218, A567

2015-S4420 - Summary

Relates to requirements of a witness to a designating petition or independent nominating petition.

2015-S4420 - Sponsor Memo

2015-S4420 - Bill Text download pdf

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

                                  4420

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced by Sen. MARCHIONE -- 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 requirements of
  witnesses to a designating petition or independent nominating petition

  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 6-132 of the election law,
as amended by chapter 447 of the laws of 2006, are amended  to  read  as
follows:
  2. There shall be appended at the bottom of each sheet a signed state-
ment  of  a  witness  who  is a duly qualified voter of the state and an
enrolled voter of the same political party as the  voters  qualified  to
sign the petition[, and who is also a resident of the political subdivi-
sion in which the office or position is to be voted for. However, in the
case  of  a petition for election to the party position of member of the
county committee, residence in the same  county  shall  be  sufficient].
Such a statement shall be accepted for all purposes as the equivalent of
an  affidavit,  and  if  it  contains  a material false statement, shall
subject the person signing it to the same penalties as if he or she  had
been  duly  sworn.  The form of such statement shall be substantially as
follows:
                           STATEMENT OF WITNESS
  I,..................... (name of witness) state: I am a duly qualified
voter  of  the  State  of  New  York  and  am  an  enrolled   voter   of
the.......................  party.  I  now reside at....................
(residence address).
  Each of the individuals whose names are subscribed  to  this  petition
sheet   containing.................   (fill   in   number)   signatures,
subscribed the same in my presence on  the  dates  above  indicated  and
identified  himself  or  herself  to  be  the individual who signed this
sheet.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03405-03-5

S. 4420                             2

  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.
  Date:.......................           ..........................
                                            Signature of Witness
  Witness  identification information: The following information must be
completed prior to filing with the board of elections in order for  this
petition sheet to be valid.
                   Town or City              County
                   ............             ........
  3.   In lieu of the signed statement of a witness who is a duly quali-
fied voter of the state [qualified to sign the petition], the  following
statement  signed  by  a notary public or commissioner of deeds shall be
accepted:
  On the dates above indicated before me personally  came  each  of  the
voters  whose  signatures  appear  on  this  petition  sheet  containing
............. (fill in number) signatures, who signed same in  my  pres-
ence  and who, being by me duly sworn, each for himself or herself, said
that the foregoing statement made and subscribed  by  him  or  her,  was
true.
Date:..................

                                        .............................
                                        (Signature and official title
                                        of officer administering oath)
  S 2. Subdivision 2 of section 6-140 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  2.  In  lieu of the signed statement of a witness who is a duly quali-
fied voter of the state [qualified to sign the petition], the  following
statement  signed  by  a notary public or commissioner of deeds shall be
accepted:
  On the dates above indicated before me personally  came  each  of  the
voters  whose  signatures  appear  on  this  petition  sheet  containing
.......... (fill in number) signatures, who signed same in  my  presence
and  who, being by me duly sworn, each for himself or herself, said that
the foregoing statement made and subscribed by him or her, was true.
Date: ......................

                                   ................................
                                   (Signature and official title
                                    of officer administering oath)
  S 3. Subdivision 1 of section 6-204 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  1. Party designations for elective village offices shall be made on  a
designating  petition  containing  the signatures in ink of residents of
the village who are registered to vote with the appropriate county board
of elections at the time of signing and who are enrolled in  such  poli-
tical  party.  The sheets of such a petition shall be numbered. A signer
need not himself or herself fill in the date or residence. Each sheet of
such petition must be in substantially  the  following  form  and  shall
contain all the information required therein:

                       PARTY DESIGNATING PETITION

S. 4420                             3

  I, the undersigned do hereby state that I am a registered voter of the
Village  of ............. and a duly enrolled voter of the .............
party and entitled to vote at the next primary election of  such  party,
that my place of residence is truly stated opposite my signature hereto,
and  I  hereby  designate  the  following named person (or persons) as a
candidate or (candidates) for nomination of such party  for  the  public
office or (public offices) to be voted for at the primary election to be
held on the ...... day of ............ 20.... as hereinafter specified.

    Name of Candidate     Public Office       Term          Residence

  ....................  .................   ..........    ............
  ....................  .................   ..........    ............

  I  do  hereby  appoint  (insert  names and addresses of at least three
persons, all of whom shall be  enrolled  voters  of  said  party)  as  a
committee  to  fill  vacancies  in accordance with the provisions of the
election law.
  In witness whereof, I have hereunto set my  hand,  the  day  and  year
placed opposite my signature.

    Date             Name            Residence

   .............   .............   ...............
   .............   .............   ...............

                          STATEMENT OF WITNESS

  I ............... (name of witness) state: I am a duly qualified voter
of  the State of New York; and an enrolled voter of the .........  party
[and now reside in the Village of ......... County of .........    State
of  New York at ............ (residence address) therein].  I NOW RESIDE
AT ..... (RESIDENCE ADDRESS).  Each  of  the  persons  whose  names  are
subscribed  to  this  petition  sheet  containing  ......... signatures,
subscribed his or her name in my presence.
  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.

   ........................        .................................
      Date:                                 Signature of witness

  In  lieu  of the signed statement of a witness who is a duly qualified
voter of the state qualified to sign the petition, the following  state-
ment signed by a notary public shall be accepted:
  On  the  dates  above  indicated before me personally came each of the
voters  whose  signatures  appear  on  this  petition  sheet  containing
............. (fill  in  number) signatures, who signed same in my pres-
ence and who, being by me duly sworn, each for himself or herself,  said
that  the  foregoing  statement  made  and subscribed by him or her, was
true.
Date..................

S. 4420                             4

                     ...............................
                     (Signature and official title
                     of officer administering oath)

    Page No........

  S 4. Subdivision 1 of section 6-206 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  1.  Independent nominations for elective village offices shall be made
by a petition containing the signatures  in  ink  of  residents  of  the
village  who  are  registered  with  the  appropriate  county  board  of
elections at the time of signing. The sheets of such a petition shall be
numbered. A signer need not himself or herself fill in the date or resi-
dence. Each sheet of such petition must be in substantially the  follow-
ing form and shall contain all the information required therein:

                 VILLAGE INDEPENDENT NOMINATING PETITION

  I,  the  undersigned,  do hereby state that I am a registered voter of
the Village of......., that my present place of residence is truly stat-
ed opposite my signature, and I do hereby nominate the  following  named
person  (or  persons)  as a candidate (or as candidates) for election to
public office (or public offices) to be voted for at the election to  be
held   on   the.....day  of........, 20.....,  and  that  I  select  the
name........... (fill in name) as  the  name  of  the  independent  body
making  the  nomination (or nominations) and.....(fill in emblem) as the
emblem of such body.
     Name of
    Candidate           Public Office           Term        Residence
   .............      ....................      ....      ...............
   .............      ....................      ....      ...............

  I do hereby appoint (insert names and  addresses  of  at  least  three
persons,  all of whom shall be registered voters within such village) as
a committee to fill vacancies in accordance with the provisions  of  the
election law.
  In  witness  whereof,  I have signed this petition on the day and year
stated before my signature.
    Date          Signature           Residence
  ..........    .................   ...................
  ..........    .................   ...................

                          STATEMENT OF WITNESS

  I, ..................... state that I am a duly qualified  voter  [and
now  reside at ...................... (residence address) in the Village
of  ................  in  the  State  of  New  York  in  the  County  of
.................];    AND    AM    AN    ENROLLED    VOTER    OF    THE
............... PARTY.   I  NOW  RESIDE   AT ................ (RESIDENCE
ADDRESS). Each of the voters whose names are subscribed to this petition
sheet   containing   ................   (fill   in  number)  signatures,
subscribed his or her name in my presence.
  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.

S. 4420                             5

 .......................           ..............................
    Date                               Signature of witness

  S  5.  Paragraph  a of subdivision 3 of section 15-108 of the election
law, as amended by chapter 447 of the laws of 2006, is amended  to  read
as follows:
  a.  Party designations for elective village offices shall be made on a
designating petition containing the signatures in ink  of  residents  of
the village who are registered to vote with the appropriate county board
of  elections  at the time of signing and who are enrolled in such poli-
tical party. The sheets of such a petition shall be numbered. Such peti-
tion must set forth in each instance the correct date  of  signing,  the
name  of the signer, and his or her present address, and may set forth a
committee to fill vacancies  consisting  of  at  least  three  qualified
voters  of the village enrolled in such party and their residence within
the village. A signer need not himself or herself fill in  the  date  or
residence.  Each  sheet  of  such  petition must be in substantially the
following form and shall contain all the information required therein:

                       PARTY DESIGNATING PETITION

  I, the undersigned do hereby state that I am a registered voter of the
Village of ...... and a duly enrolled voter  of  the ........ party  and
entitled  to  vote  at  the next primary election of such party, that my
place of residence is truly stated opposite my signature hereto,  and  I
hereby  designate the following named person (or persons) as a candidate
(or candidates) for nomination of such party for the public  office  (or
public  offices)  to  be voted for at the primary election to be held on
the ...... day of ........... 20.... as hereinafter specified.

    Name of Candidate     Public Office      Term       Residence

  ....................  .................   .......   ...............
  ....................  .................   .......   ...............

  I do hereby appoint (insert names and  addresses  of  at  least  three
persons,  all  of  whom  shall  be  enrolled  voters of said party) as a
committee to fill vacancies in accordance with  the  provisions  of  the
election law.
  IN  WITNESS  WHEREOF,  I  have  hereunto set my hand, the day and year
placed opposite my signature.

    Date             Name            Residence

  .............    .............   ...............
  .............    .............   ...............

                          STATEMENT OF WITNESS

  I ............... (name of witness) state: I am a duly qualified voter
of the State of New York; and an enrolled voter  of  the ......... party
[and now reside in the Village of ......... County of ......... State of
New  York  at ............ (residence  address)  therein].  I NOW RESIDE
AT ..............(RESIDENCE ADDRESS). Each of the  persons  whose  names
are  subscribed  to this petition sheet containing ......... signatures,
subscribed his or her name in my presence.

S. 4420                             6

  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.
  S  6.  Subdivision 4 of section 15-108 of the election law, as amended
by chapter 447 of the laws of 2006, is amended to read as follows:
  4. Independent nominations for elective village offices shall be  made
by  a  petition  containing  the  signatures  in ink of residents of the
village  who  are  registered  with  the  appropriate  county  board  of
elections at the time of signing or who are residents of the village who
were  on  the list of registered voters for the last village election in
such village. The sheets of such a  petition  shall  be  numbered.  Such
petition  must  set  forth in each instance the correct date of signing,
the name of the signer and his or her present address, and may set forth
a committee to fill vacancies consisting of at least three persons qual-
ified to vote in the village election and  their  residence  within  the
village.  A signer need not himself or herself fill in the date or resi-
dence. Each sheet of such petition must be in substantially the  follow-
ing  form  and shall contain all the information required therein except
as may otherwise be permitted by law.

                 VILLAGE INDEPENDENT NOMINATING PETITION

  I, the undersigned, do hereby state that I am a  registered  voter  of
the  Village  of .........., that my present place of residence is truly
stated opposite my signature, and I do  hereby  nominate  the  following
named person (or persons) as a candidate (or as candidates) for election
to  public office (or public offices) to be voted for at the election to
be held on the ..... day of ........, 20....., and  that  I  select  the
name .............. (fill  in  name) as the name of the independent body
making the nomination (or nominations) and ..... (fill in emblem) as the
emblem of such body.
    Name of Candidate     Public Office       Term        Residence

  ....................  .................   ........    .................
  ....................  .................   ........    .................

I do hereby appoint _ _ _ _
        Name                            Residence

  .............................   .................................
  .............................   .................................
as a committee to fill vacancies in accordance with  the  provisions  of
the election law.
  IN  WITNESS  WHEREOF,  I have signed this petition on the day and year
stated before my signature.

    Date             Signature          Residence
  .............    .................  ...............
  .............    .................  ...............

                          STATEMENT OF WITNESS

  I, ............... state that I am a duly  qualified  voter  [and  now
reside    at ............. (residence    address)    in    the   Village
of ........... in]  OF  the  State  of   New   York   [in   the   County

S. 4420                             7

of ........ ];  AND  AM AN ENROLLED VOTER OF THE ......... PARTY.  I NOW
RESIDE AT .......... (RESIDENCE ADDRESS). Each of the voters whose names
are subscribed to  this  petition  sheet,  containing ........ (fill  in
number) signatures, subscribed his or her name in my presence.
  I  understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if  it  contains  a  material  false
statement,  shall subject me to the same penalties as if I had been duly
sworn.

  Date ....................        ...........................
                                      Signature of Witness

  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.

co-Sponsors

2015-S4420A (ACTIVE) - Details

See Assembly Version of this Bill:: A302
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§6-132, 6-140, 6-204, 6-206 & 15-108, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8650
2013-2014: A1464
2017-2018: S218, A567

2015-S4420A (ACTIVE) - Summary

Relates to requirements of a witness to a designating petition or independent nominating petition.

2015-S4420A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4420A

 TITLE OF BILL :  An act to amend the election law, in relation to
requirements of witnesses to a designating petition or independent
nominating petition

 PURPOSE OR GENERAL IDEA OF BILL :

To delete the requirement that a witness to a party designating
petition or an independent nominating petition must reside in the
district of the office in the petition.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends subdivisions 2 and 3 of section 6-132 of
the election law, as amended by chapter 447 of the laws of 2006, to
clarify the requirement that the witness has not previously signed a
petition for another candidate for the same office and to delete
language that requires that a witness to a designating petition be a
resident of the political subdivision in which the office or position
is to be voted for in order to be qualified to witness the petition.
See Matter of DiPietro v. New York State Board of Elections, 30
Misc.3d 449 (Erie Co. Sup. Ct. 2010).

Section 2 of the bill amends subpart b of subdivision 1 and
subdivision 2 of section 6-140 of the election law, as amended by

chapter 447 of the laws of 2006, to add a requirement that the witness
has not previously signed a petition for another candidate for the
same office and to delete language that requires that a witness to a
independent nominating petition be a resident of the political
subdivision in which the office or position is to be voted for in
order to be qualified to witness the petition.

Sections 3, 4, 5, and 6 of the bill amend, respectively, subdivision 1
of section 6-204, subdivision 1 of section 6-206, subdivision 3 of
section 15-108, and subdivision 4 of 15-108 of the election law to
delete language that requires that a witness to a designating petition
be a resident of the village in which the office or position is to be
voted for in order to be qualified to witness the petition.

Section 7 of the bill is the effective date.

 JUSTIFICATION :

The federal courts and the New York State Court of Appeals ruled
unconstitutional the present election law's requirement that a
subscribing witness to a designating petition or independent
nominating petition must be a resident of the political subdivision in
which the office or position is to be voted on. This bill would
conform the language of the election law to the court decisions.

 PRIOR LEGISLATIVE HISTORY :

2012: A.8650 passed assembly
2014: A.1464 passed assembly

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
On the 120th day after it shall become law. Effective immediately, the
addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date are
authorized to be made on or before such date.

2015-S4420A (ACTIVE) - Bill Text download pdf

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

                                 4420--A
    Cal. No. 726

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Elections --
  recommitted to the Committee on Elections in  accordance  with  Senate
  Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  election  law,  in  relation to requirements of
  witnesses to a designating petition or independent nominating petition

  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 6-132 of the election law,
as amended by chapter 447 of the laws of 2006, are amended  to  read  as
follows:
  2. There shall be appended at the bottom of each sheet a signed state-
ment  of a witness who is a duly qualified voter of the state [and], WHO
IS an enrolled voter of the same political party as the voters qualified
to sign the petition[, and who is  also  a  resident  of  the  political
subdivision in which the office or position is to be voted for. However,
in  the  case of a petition for election to the party position of member
of the county committee, residence in the same county  shall  be  suffi-
cient]  AND  WHO HAS NOT PREVIOUSLY SIGNED A PETITION FOR ANOTHER CANDI-
DATE FOR THE SAME OFFICE. Such a statement shall  be  accepted  for  all
purposes as the equivalent of an affidavit, and if it contains a materi-
al  false  statement,  shall  subject  the person signing it to the same
penalties as if he or she had been duly sworn. The form of  such  state-
ment shall be substantially as follows:
                           STATEMENT OF WITNESS
  I,..................... (name of witness) state: I am a duly qualified
voter   of   the  State  of  New  York  and  am  an  enrolled  voter  of
the....................... party. I  now  reside  at....................
(residence address).

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

                                                           LBD03405-05-6

S. 4420--A                          2

  Each  of  the  individuals whose names are subscribed to this petition
sheet   containing.................   (fill   in   number)   signatures,
subscribed  the  same  in  my  presence on the dates above indicated and
identified himself or herself to  be  the  individual  who  signed  this
sheet.
  I  understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if  it  contains  a  material  false
statement,  shall subject me to the same penalties as if I had been duly
sworn.
  Date:.......................           ..........................
                                            Signature of Witness
  Witness identification information: The following information must  be
completed  prior to filing with the board of elections in order for this
petition sheet to be valid.
                   Town or City              County
                   ............             ........
  3.  In lieu of the signed statement of a witness who is a duly  quali-
fied  voter of the state [qualified to sign the petition], the following
statement signed by a notary public or commissioner of  deeds  shall  be
accepted:
  On  the  dates  above  indicated before me personally came each of the
voters  whose  signatures  appear  on  this  petition  sheet  containing
.............  (fill  in number) signatures, who signed same in my pres-
ence and who, being by me duly sworn, each for himself or herself,  said
that  the  foregoing  statement  made  and subscribed by him or her, was
true.
Date:..................

                                        .............................
                                        (Signature and official title
                                        of officer administering oath)
  S 2. Paragraph b of subdivision 1 and subdivision 2 of  section  6-140
of  the election law, paragraph b of subdivision 1 as amended by chapter
246 of the laws of 2009 and subdivision 2 as amended by chapter  447  of
the laws of 2006, is amended to read as follows:

  b. There shall be appended at the bottom of each sheet a signed state-
ment of a witness who is a duly qualified voter of the state AND WHO HAS
NOT  PREVIOUSLY  SIGNED  A  PETITION  FOR ANOTHER CANDIDATE FOR THE SAME
OFFICE. Such a statement shall be  accepted  for  all  purposes  as  the
equivalent  of  an affidavit, and if it contains a material false state-
ment, shall subject the person signing it to the same penalties as if he
or she had been duly sworn. The form of such statement shall be substan-
tially as follows:

                          STATEMENT OF WITNESS

  I, ...................... (name of witness) state: I am a duly  quali-
fied   voter   of   the   State   of   New   York   and  now  reside  at
........................................ (residence address).
  Each of the individuals whose names are subscribed  to  this  petition
sheet  containing  ........  (fill in number) signatures, subscribed the
same in my presence on the dates above indicated and identified  himself
or herself to be the individual who signed this sheet.
  I  understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if  it  contains  a  material  false

S. 4420--A                          3

statement,  shall subject me to the same penalties as if I had been duly
sworn.
Date: ................                  .........................
                                           Signature of Witness
  Witness identification information:
  The  following  information must be completed prior to filing with the
board of elections in order for this petition sheet to be valid.
                      Town or City               County
                     ...............            .........
  2. In lieu of the signed statement of a witness who is a  duly  quali-
fied  voter of the state [qualified to sign the petition], the following
statement signed by a notary public or commissioner of  deeds  shall  be
accepted:
  On  the  dates  above  indicated before me personally came each of the
voters  whose  signatures  appear  on  this  petition  sheet  containing
.......... (fill  in  number) signatures, who signed same in my presence
and who, being by me duly sworn, each for himself or herself, said  that
the foregoing statement made and subscribed by him or her, was true.
Date: ......................

                                   ................................
                                   (Signature and official title
                                    of officer administering oath)
  S 3. Subdivision 1 of section 6-204 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  1.  Party designations for elective village offices shall be made on a
designating petition containing the signatures in ink  of  residents  of
the village who are registered to vote with the appropriate county board
of  elections  at the time of signing and who are enrolled in such poli-
tical party. The sheets of such a petition shall be numbered.  A  signer
need not himself or herself fill in the date or residence. Each sheet of
such  petition  must  be  in  substantially the following form and shall
contain all the information required therein:

                       PARTY DESIGNATING PETITION

  I, the undersigned do hereby state that I am a registered voter of the
Village of ............. and a duly enrolled voter of the  .............
party  and  entitled to vote at the next primary election of such party,
that my place of residence is truly stated opposite my signature hereto,
and I hereby designate the following named  person  (or  persons)  as  a
candidate  or  (candidates)  for nomination of such party for the public
office or (public offices) to be voted for at the primary election to be
held on the ...... day of ............ 20.... as hereinafter specified.

    Name of Candidate     Public Office       Term          Residence

  ....................  .................   ..........    ............
  ....................  .................   ..........    ............

  I do hereby appoint (insert names and  addresses  of  at  least  three
persons,  all  of  whom  shall  be  enrolled  voters of said party) as a
committee to fill vacancies in accordance with  the  provisions  of  the
election law.
  In  witness  whereof,  I  have  hereunto set my hand, the day and year
placed opposite my signature.

S. 4420--A                          4

    Date             Name            Residence

   .............   .............   ...............
   .............   .............   ...............

                          STATEMENT OF WITNESS

  I ............... (name of witness) state: I am a duly qualified voter
of  the State of New York; and an enrolled voter of the .........  party
[and now reside in the Village of ......... County of .........    State
of  New York at ............ (residence address) therein].  I NOW RESIDE
AT ..... (RESIDENCE ADDRESS).  Each  of  the  persons  whose  names  are
subscribed  to  this  petition  sheet  containing  ......... signatures,
subscribed his or her name in my presence.
  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.

   ........................        .................................
      Date:                                 Signature of witness

  In  lieu  of the signed statement of a witness who is a duly qualified
voter of the state qualified to sign the petition, the following  state-
ment signed by a notary public shall be accepted:
  On  the  dates  above  indicated before me personally came each of the
voters  whose  signatures  appear  on  this  petition  sheet  containing
............. (fill  in  number) signatures, who signed same in my pres-
ence and who, being by me duly sworn, each for himself or herself,  said
that  the  foregoing  statement  made  and subscribed by him or her, was
true.
Date..................

                     ...............................
                     (Signature and official title
                     of officer administering oath)

    Page No........

  S 4. Subdivision 1 of section 6-206 of the election law, as amended by
chapter 447 of the laws of 2006, is amended to read as follows:
  1. Independent nominations for elective village offices shall be  made
by  a  petition  containing  the  signatures  in ink of residents of the
village  who  are  registered  with  the  appropriate  county  board  of
elections at the time of signing. The sheets of such a petition shall be
numbered. A signer need not himself or herself fill in the date or resi-
dence.  Each sheet of such petition must be in substantially the follow-
ing form and shall contain all the information required therein:

                 VILLAGE INDEPENDENT NOMINATING PETITION

  I, the undersigned, do hereby state that I am a  registered  voter  of
the Village of......., that my present place of residence is truly stat-
ed  opposite  my signature, and I do hereby nominate the following named
person (or persons) as a candidate (or as candidates)  for  election  to
public  office (or public offices) to be voted for at the election to be

S. 4420--A                          5

held  on  the.....day  of........, 20.....,  and  that  I   select   the
name........... (fill  in  name)  as  the  name  of the independent body
making the nomination (or nominations) and.....(fill in emblem)  as  the
emblem of such body.
     Name of
    Candidate           Public Office           Term        Residence
   .............      ....................      ....      ...............
   .............      ....................      ....      ...............

  I  do  hereby  appoint  (insert  names and addresses of at least three
persons, all of whom shall be registered voters within such village)  as
a  committee  to fill vacancies in accordance with the provisions of the
election law.
  In witness whereof, I have signed this petition on the  day  and  year
stated before my signature.
    Date          Signature           Residence
  ..........    .................   ...................
  ..........    .................   ...................

                          STATEMENT OF WITNESS

  I,  .....................  state that I am a duly qualified voter [and
now reside at ...................... (residence address) in the  Village
of  ................  in  the  State  of  New  York  in  the  County  of
.................]  OF  THE  STATE  OF   NEW   YORK.    I   NOW   RESIDE
AT ................ (RESIDENCE  ADDRESS). Each of the voters whose names
are subscribed to this petition sheet containing ................  (fill
in number) signatures, subscribed his or her name in my presence.
  I  understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if  it  contains  a  material  false
statement,  shall subject me to the same penalties as if I had been duly
sworn.
 .......................           ..............................
    Date                               Signature of witness

  S 5. Paragraph a of subdivision 3 of section 15-108  of  the  election
law,  as  amended by chapter 447 of the laws of 2006, is amended to read
as follows:
  a. Party designations for elective village offices shall be made on  a
designating  petition  containing  the signatures in ink of residents of
the village who are registered to vote with the appropriate county board
of elections at the time of signing and who are enrolled in  such  poli-
tical party. The sheets of such a petition shall be numbered. Such peti-
tion  must  set  forth in each instance the correct date of signing, the
name of the signer, and his or her present address, and may set forth  a
committee  to  fill  vacancies  consisting  of  at least three qualified
voters of the village enrolled in such party and their residence  within
the  village.  A  signer need not himself or herself fill in the date or
residence. Each sheet of such petition  must  be  in  substantially  the
following form and shall contain all the information required therein:

                       PARTY DESIGNATING PETITION

  I, the undersigned do hereby state that I am a registered voter of the
Village  of ...... and  a  duly enrolled voter of the ........ party and
entitled to vote at the next primary election of  such  party,  that  my

S. 4420--A                          6

place  of  residence is truly stated opposite my signature hereto, and I
hereby designate the following named person (or persons) as a  candidate
(or  candidates)  for nomination of such party for the public office (or
public  offices)  to  be voted for at the primary election to be held on
the ...... day of ........... 20.... as hereinafter specified.

    Name of Candidate     Public Office      Term       Residence

  ....................  .................   .......   ...............
  ....................  .................   .......   ...............

  I do hereby appoint (insert names and  addresses  of  at  least  three
persons,  all  of  whom  shall  be  enrolled  voters of said party) as a
committee to fill vacancies in accordance with  the  provisions  of  the
election law.
  IN  WITNESS  WHEREOF,  I  have  hereunto set my hand, the day and year
placed opposite my signature.

    Date             Name            Residence

  .............    .............   ...............
  .............    .............   ...............

                          STATEMENT OF WITNESS

  I ............... (name of witness) state: I am a duly qualified voter
of the State of New York; and an enrolled voter  of  the ......... party
[and now reside in the Village of ......... County of ......... State of
New  York  at ............ (residence  address)  therein].  I NOW RESIDE
AT ..............(RESIDENCE ADDRESS). Each of the  persons  whose  names
are  subscribed  to this petition sheet containing ......... signatures,
subscribed his or her name in my presence.
  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.
  S  6.  Subdivision 4 of section 15-108 of the election law, as amended
by chapter 447 of the laws of 2006, is amended to read as follows:
  4. Independent nominations for elective village offices shall be  made
by  a  petition  containing  the  signatures  in ink of residents of the
village  who  are  registered  with  the  appropriate  county  board  of
elections at the time of signing or who are residents of the village who
were  on  the list of registered voters for the last village election in
such village. The sheets of such a  petition  shall  be  numbered.  Such
petition  must  set  forth in each instance the correct date of signing,
the name of the signer and his or her present address, and may set forth
a committee to fill vacancies consisting of at least three persons qual-
ified to vote in the village election and  their  residence  within  the
village.  A signer need not himself or herself fill in the date or resi-
dence. Each sheet of such petition must be in substantially the  follow-
ing  form  and shall contain all the information required therein except
as may otherwise be permitted by law.

                 VILLAGE INDEPENDENT NOMINATING PETITION

S. 4420--A                          7

  I, the undersigned, do hereby state that I am a  registered  voter  of
the  Village  of .........., that my present place of residence is truly
stated opposite my signature, and I do  hereby  nominate  the  following
named person (or persons) as a candidate (or as candidates) for election
to  public office (or public offices) to be voted for at the election to
be held on the ..... day of ........, 20....., and  that  I  select  the
name .............. (fill  in  name) as the name of the independent body
making the nomination (or nominations) and ..... (fill in emblem) as the
emblem of such body.
    Name of Candidate     Public Office       Term        Residence

  ....................  .................   ........    .................
  ....................  .................   ........    .................

I do hereby appoint _ _ _ _
        Name                            Residence

  .............................   .................................
  .............................   .................................
as a committee to fill vacancies in accordance with  the  provisions  of
the election law.
  IN  WITNESS  WHEREOF,  I have signed this petition on the day and year
stated before my signature.

    Date             Signature          Residence
  .............    .................  ...............
  .............    .................  ...............

                          STATEMENT OF WITNESS

  I, ............... state that I am a duly  qualified  voter  [and  now
reside    at ............. (residence    address)    in    the   Village
of ........... in]  OF  the  State  of   New   York   [in   the   County
of ........ ].  I  NOW RESIDE AT .......... (RESIDENCE ADDRESS). Each of
the  voters  whose  names  are  subscribed  to  this   petition   sheet,
containing ........ (fill  in  number) signatures, subscribed his or her
name in my presence.
  I understand that this statement will be accepted for all purposes  as
the  equivalent  of  an  affidavit  and, if it contains a material false
statement, shall subject me to the same penalties as if I had been  duly
sworn.

  Date ....................        ...........................
                                      Signature of Witness

  S 7. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the  imple-
mentation of this act on its effective date are authorized to be made on
or before such date.

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Senate Bill S4420A

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Sponsored By

Kathleen A. Marchione

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S4420 - Details

2015-S4420 - Summary

2015-S4420 - Sponsor Memo

2015-S4420 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S4420A (ACTIVE) - Details

2015-S4420A (ACTIVE) - Summary

2015-S4420A (ACTIVE) - Sponsor Memo

2015-S4420A (ACTIVE) - Bill Text download pdf

Comments