STATE OF NEW YORK
________________________________________________________________________
8392
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
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Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to the removal of an
insurrectionist from the presidential ballot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4-110 of the election law, as amended by chapter 5
2 of the laws of 2019, is amended to read as follows:
3 § 4-110. Certification of primary election candidates; state board of
4 elections. 1. The state board of elections, not later than fifty-five
5 days before a primary election, shall certify to each county board of
6 elections: The name and residence of each candidate to be voted for
7 within the political subdivision of such board for whom a designation
8 has been filed with the state board; the title of the office or position
9 for which the candidate is designated; the name of the party upon whose
10 primary ballot his or her name is to be placed; and the order in which
11 the names of the candidates are to be printed as determined by the state
12 board. Where an office or position is uncontested, such certification
13 shall state such fact.
14 2. Notwithstanding subdivision one of this section, a candidate for
15 whom a designation has been filed who has been found by the state board
16 of elections to have engaged in insurrection or rebellion against the
17 United States, or given aid or comfort to the enemies thereof, shall not
18 be so certified, unless the United States Congress, by a vote of two-
19 thirds of each house, has removed such disability. For purposes of such
20 determination, where the state board of elections is unable to reach a
21 finding, the question shall, within twenty-four hours, be referred to
22 the office of the attorney general by the co-executive directors of the
23 state board of elections for a formal opinion, which, absent a contrary
24 order by a court of competent jurisdiction, shall be conclusive of the
25 inquiry.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13155-02-3
