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.

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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

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