Bill S4827A-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

  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Elections - Mar 12, 2012
Ayes (7): O'Mara, Ball, Gallivan, Nozzolio, Ranzenhofer, Addabbo, Carlucci
Nays (1): Dilan

Memo

BILL NUMBER:S4827A

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 seven day after the primary election."

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--A 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 -- recommitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. Subdivision 2 of section 6-158 of the election law, as amended by chapter 434 of the laws of 1984, is 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 SEVENTH DAY AFTER THE PRIMARY ELECTION. S 2. This act shall take effect immediately.

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