This bill has been amended

Bill S4827-2011

Relates to nominating and designating petitions and certificates

Provides that a candidate who files 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 seventh day after the primary election.

Details

Actions

  • 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

Votes

VOTE: COMMITTEE VOTE: - Elections - Jun 6, 2011
Ayes (7): O'Mara, Ball, Gallivan, Nozzolio, Ranzenhofer, Addabbo, Carlucci
Nays (1): Dilan

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4827 2011-2012 Regular Sessions IN 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus