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A08311 Summary:

A08311 Actions:

A08311 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8311
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 19, 2015
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Election Law
 
        AN ACT to amend a chapter of the laws of 2015, amending the election law
          relating to conducting the presidential primary, as proposed in legis-
          lative  bill  number S.5958, in relation to providing for the election
          of delegates to a  national  party  convention  or  a  national  party
          conference in 2016
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 2 and 7 of section  2-122-a  of  the  election
     2  law,  as amended by section 3 of a chapter of the laws of 2015, amending
     3  the election law relating to conducting  the  presidential  primary,  as
     4  proposed  in  legislative  bill  number  S.5958,  are amended to read as
     5  follows:
     6    2. If  the  rules  of  a  state  committee  adopted  pursuant  to  the
     7  provisions  of  this section provide for a primary election in which the
     8  office of president of the United States appears on the  ballot,  desig-
     9  nation  of  candidates  for  such  office  shall be made pursuant to the
    10  provisions of sections 6-100, 6-118, 6-122 (except that such  candidates
    11  need  not  be  citizens  of  New  York  but  only citizens of the United
    12  States), 6-130, 6-132 (except that references to  a  committee  to  fill
    13  vacancies shall be deemed references to a committee to receive notices),
    14  6-134,  6-144,  the  provisions with respect to declinations in subdivi-
    15  sions one and two of section 6-146 (except that references to a  commit-
    16  tee  to  fill  vacancies  shall  be  deemed references to a committee to
    17  receive notices), 6-154, and subdivision  one  and  the  provision  with
    18  respect to declinations in subdivision two of section 6-158 (except that
    19  such  candidates  may  decline such designations not later than February
    20  [sixteenth] eighth, two thousand sixteen) of  this  chapter.  The  state
    21  board  of elections shall forthwith notify the appropriate county boards
    22  of elections of any such declination filed.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11723-01-5
        A. 8311                             2
 
     1    7. a.  The  rules  of  a  state  committee  adopted  pursuant  to  the
     2  provisions  of  this section may provide that no candidate for the posi-
     3  tions of delegate and alternate delegate may appear  on  the  ballot  as
     4  pledged  to support a particular presidential candidate, or as uncommit-
     5  ted,  unless  the  name of such candidate for such position appears on a
     6  certificate listing the names of those candidates for such positions who
     7  have filed statements of candidacy for such positions with the secretary
     8  of the state committee within the time prescribed by such rules and who,
     9  if their statements of candidacy contained a  pledge  of  support  of  a
    10  presidential  candidate,  were  not rejected by such presidential candi-
    11  date. Such certificate shall also list the address and sex of each  such
    12  candidate  for delegate and alternate delegate and the district in which
    13  such candidate may appear on the ballot.
    14    b. Such certificate shall be filed by  the  secretary  of  such  state
    15  committee,  with  the  board  of  elections  with  which the designating
    16  petitions for such candidates for such  positions  are  required  to  be
    17  filed,  not  later  than February [twenty-third] sixteenth, two thousand
    18  sixteen.
    19    c. In the event that a designating petition for  candidates  for  such
    20  positions,  listed  as  pledged  to  support  a  presidential candidate,
    21  contains the names of one or more persons who have not been permitted by
    22  such presidential candidate to appear on the ballot as so pledged pursu-
    23  ant to the provisions of this section, then the names of such candidates
    24  shall not appear on the ballot but the names of other candidates on such
    25  petition who have been permitted by the presidential candidate to appear
    26  on the ballot shall be placed on the ballot provided  that  such  candi-
    27  dates are otherwise eligible and that such petition is otherwise valid.
    28    d.  The  state board of elections shall send a copy of the certificate
    29  required by section 4-110 of this chapter to the secretary of the  state
    30  committee  of each party conducting a primary pursuant to the provisions
    31  of this section not later than [March third] February twenty-fifth,  two
    32  thousand  sixteen. Every other board of elections with which designating
    33  petitions for delegate and alternate delegate were filed pursuant to the
    34  provisions of this section shall, not later than [March fourth] February
    35  twenty-sixth, two thousand  sixteen,  send  a  list  of  the  names  and
    36  addresses  of  those  candidates  who  will  appear on the ballot to the
    37  secretary of each such state committee.
    38    § 2. This act shall take effect on the same date and the in  the  same
    39  manner  as  a  chapter  of  the  laws of 2015, amending the election law
    40  relating to conducting the presidential primary, as proposed in legisla-
    41  tive bill number S.5958, takes effect.