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.
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
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.
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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10997-02-1