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S03953 Summary:

BILL NO    S03953 

SAME AS    
SAME AS A03218

SPONSOR    FUNKE

COSPNSR    

MLTSPNSR   

Amd SS1-104, 2-124, 4-112, 6-128, 6-138, 6-140, 6-206, 15-108 & 16-104, El L

Removes the requirement that party emblems be included in ballot design.
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S03953 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3953
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 24, 2015
                                       ___________
 
        Introduced  by  Sen.  FUNKE  -- 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 removing  the  require-
          ment that party emblems be included in ballot design
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 18 of section 1-104 of  the  election  law,  as
     2  amended  by  chapter  181  of  the  laws  of 2005, is amended to read as
     3  follows:
     4    18. The word "ballot" when referring to  voting  machines  or  systems
     5  means  that portion of the cardboard or paper or other material or elec-
     6  tronic display within the ballot frame containing the name of the candi-
     7  date and [the emblem of] the party organization by which  he  was  nomi-
     8  nated, of the form of submission of a proposed constitutional amendment,
     9  proposition referendum or question as provided in this chapter, with the
    10  word  "yes"  for  voting  for  any  question or the word "no" for voting
    11  against any question except that where the question  or  proposition  is
    12  submitted  only  to  the voters of a territory wholly within a county or
    13  city, such form shall be determined by the county  board  of  elections.
    14  Such  statement  and  the title shall be printed and/or displayed in the
    15  largest type or display which it is practicable  to  use  in  the  space
    16  provided.
    17    § 2. Subdivisions 1 and 2 of section 2-124 of the election law, subdi-
    18  vision  2  as  amended  by chapter 9 of the laws of 1978, are amended to
    19  read as follows:
    20    1. The state committee of a party shall select a name [and emblem]  to
    21  distinguish  the  candidates  of  the  party  for  public  office in all
    22  districts of the state, and shall file in the office of the state  board
    23  of  elections,  a  certificate  executed  by its chairman and secretary,
    24  setting forth the name [and showing the emblem so selected].
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00829-01-5

        S. 3953                             2
 
     1    2. The name of a party shall be in the English language and shall  not
     2  include  the  words  "American",  "United States", "National", "New York
     3  State", "Empire State", or any abbreviation thereof,  nor  the  name  or
     4  part  of the name, or an abbreviation of the name, of an existing party.
     5  [The  emblem  chosen  may  be a star, an animal, an anchor, or any other
     6  proper symbol, but may not be the same as  or  similar  to  any  emblem,
     7  insignia,  symbol  or  flag  used by any political or governmental body,
     8  agency or entity nor any religious emblem, insignia, symbol or flag, nor
     9  the portrait of any person, nor the representation of a coin or  of  the
    10  currency  of  the United States.] The name [and emblem] chosen shall not
    11  be similar to or likely to create confusion with the name [or emblem] of
    12  any other existing party or independent body.
    13    § 3. Subdivision 1 of section 4-112 of the election law, as amended by
    14  chapter 4 of the laws of 2011, is amended to read as follows:
    15    1. The state board of elections not later than thirty-six days  before
    16  a general election, or fifty-three days before a special election, shall
    17  certify to each county board of elections the name and residence of each
    18  candidate  nominated  in  any  valid certificate filed with it or by the
    19  returns canvassed by it, the title of the office  for  which  nominated;
    20  the name of the party or body specified of which he is a candidate; [the
    21  emblem chosen to distinguish the candidates of the party or body;] and a
    22  notation  as  to whether or not any litigation is pending concerning the
    23  candidacy. Upon the completion of any such litigation, the  state  board
    24  of  elections  shall  forthwith  notify the appropriate county boards of
    25  elections of the results of such litigation.
    26    § 4. Subdivision 1 of section 6-128 of the election law is amended  to
    27  read as follows:
    28    1.  When  an independent body becomes a party at a general election by
    29  qualifying under the requirements set by law, nominations  shall,  prior
    30  to  and  including  the  first  general  election thereafter, be made as
    31  provided by the rules of such party. A certificate of  such  nominations
    32  shall contain:
    33    (a) The name of the party filing the nominations.
    34    (b)  The  title of the office for which the nomination is made and the
    35  name and residence address of the person so nominated.
    36    (c) The names of the members of the committee, if  any,  appointed  to
    37  fill vacancies in nominations.
    38    (d) [A description and representation of the party's emblem.
    39    (e)] The name of the committee making the nomination.
    40    [(f)] (e) A certified copy of the party rules describing the rule-mak-
    41  ing body and nomination process.
    42    [(g)] (f) An affidavit containing a statement by the presiding officer
    43  and  secretary  of  the  committee  that  they are such officers and the
    44  statements in the certificate are true.
    45    § 5. Subdivision 3 of section 6-138 of the election law, as amended by
    46  chapter 305 of the laws of 1992, paragraph a as amended by  chapter  306
    47  of the laws of 1992, is amended to read as follows:
    48    3. a. The name selected for the independent body making the nomination
    49  shall be in English characters and shall not include the name or part of
    50  the  name  or an abbreviation of the name or part of the name, nor shall
    51  the [emblem or] name be of such a configuration as to create the  possi-
    52  bility  of confusion with the [emblem or] name of a then existing party,
    53  or the [emblem or] name of an independent body selected by a  previously
    54  filed independent nominating petition for the same office.
    55    b.  Notwithstanding  the  requirements of paragraph a of this subdivi-
    56  sion, if the [emblem or] name selected for an independent  body  on  any

        S. 3953                             3
 
     1  independent  nominating  petition  is  the  same as that selected by any
     2  previously filed independent nominating petition for  the  same  office,
     3  the  board  of elections with which such later petition was filed shall,
     4  not  later  than two days after the filing of such later filed petition,
     5  send notice of such duplicate selection of [emblem or]  name  by  first-
     6  class  mail,  to the candidate for such office who was nominated by such
     7  later filed petition, and that the candidate  to  whom  such  notice  is
     8  required  to  be  sent  may file with such board of elections, not later
     9  than seven days after such notice was mailed, a certificate selecting  a
    10  different [emblem or] name.
    11    c.  A  person who has been nominated or who expects to be nominated as
    12  the candidate of an independent body for the office of President of  the
    13  United  States at any election for such office may, not later than three
    14  days after the last day to file  nominating  petitions,  file  with  the
    15  state  board  of  elections, a special certificate which shall be irrev-
    16  ocable, stating that such person does not wish to permit candidates  for
    17  any  other  office,  except  the  office of Vice-President of the United
    18  States, to appear on the ballot with the same name [and emblem]  as  the
    19  independent body which has nominated or will nominate such candidate for
    20  the office of President.
    21    d.  Not  later  than  seven days after the last day to file nominating
    22  petitions, the state board of elections shall notify each local board of
    23  elections of the name of each candidate  for  President  of  the  United
    24  States  who has filed such a special certificate, together with the name
    25  [and emblem] of the independent body  selected  on  the  petition  which
    26  nominated such candidate.
    27    e. If any candidate has been nominated for any other office by a peti-
    28  tion which selected the same name [or emblem] for an independent body as
    29  the  name  [or emblem] selected on the petition which nominated a candi-
    30  date for President of the United States who has filed a special  certif-
    31  icate  pursuant  to  paragraph  c  of  this  subdivision,  the  board of
    32  elections with which the petition nominating  such  candidate  for  such
    33  other office was filed shall, not later than ten days after the last day
    34  to  file  nominating  petitions,  send  to each such candidate, by first
    35  class mail, notice that a special certificate pursuant to paragraph c of
    36  this subdivision has been filed and that  the  candidate  to  whom  such
    37  notice  is  sent  may  file with such board of elections, not later than
    38  seven days after such notice  was  mailed,  a  certificate  selecting  a
    39  different name [and emblem].
    40    f.  If  [such a petition shall not show an emblem, or if] the petition
    41  shall fail to select a name for such independent body, or if pursuant to
    42  the provisions of paragraph b or paragraph  e  of  this  subdivision,  a
    43  candidate  shall  fail to select another [emblem or] name for such inde-
    44  pendent body, the officer or board in whose office the petition is filed
    45  shall select [an emblem or] a name [or both] to distinguish  the  candi-
    46  dates  nominated thereby. The name [and emblem] shown upon such petition
    47  or selected by a candidate authorized to make such  selection  by  para-
    48  graph b or paragraph e of this subdivision, or selected by an officer or
    49  board  shall  also  conform  to  the  requirements  of this chapter with
    50  respect to names [or emblems] permitted to be selected by a party.
    51    g. Nothing contained in this subdivision shall  preclude  a  court  of
    52  competent jurisdiction from rejecting an independent nominating petition
    53  if  the  court  determines that fraud was involved in the selection of a
    54  name [or emblem].

        S. 3953                             4
 
     1    § 6. Paragraph a of subdivision 1 of section  6-140  of  the  election
     2  law,  as  amended by chapter 235 of the laws of 2000, is amended to read
     3  as follows:
     4    a. Each sheet of an independent nominating petition shall be signed in
     5  ink,  shall  contain  the following information and shall be in substan-
     6  tially the following form:
     7    I, the undersigned, do hereby state that I am a  registered  voter  of
     8  the  political  unit  for which a nomination for public office is hereby
     9  being made, that my present place of residence is truly stated  opposite
    10  my  signature  hereto, and that I do hereby nominate the following named
    11  person (or persons) as a candidate (or as candidates)  for  election  to
    12  public  office (or public offices) to be voted for at the election to be
    13  held on the ............ day of ................,  20....,  and  that  I
    14  select  the name ............................ (fill in name) as the name
    15  of the independent body making  the  nomination  (or  nominations)  [and
    16  ................ (fill in emblem) as the emblem of such body].
 
    17                                             Place of residence
    18                                             (also post office
    19   Name of            Public                  address
    20   Candidate          Office                 if not identical)
    21   ..........         .................      ..........................
    22   ..........         .................      ..........................
    23  I do hereby appoint ............................. (here insert the names
    24  and addresses of at least three persons, all of whom shall be registered
    25  voters  within such political unit), as a committee to fill vacancies in
    26  accordance with the provisions of the election law.
    27    In witness whereof, I have hereunto set my  hand,  the  day  and  year
    28  placed opposite my signature.
 
    29   Date              Name of Signer            Residence
    30   ......            ................          .......................
    31   ......            ................          .......................
    32                                               Town or city (except
    33                                               in the city of New
    34                                               York, the county)
                                                     .......................
                                                     .......................
 
    35    § 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi-
    36  vision  1 as amended by chapter 447 of the laws of 2006, and subdivision
    37  3 as added by chapter 359 of the laws of 1989, are amended  to  read  as
    38  follows:
    39    1.  Independent nominations for elective village offices shall be made
    40  by a petition containing the signatures  in  ink  of  residents  of  the
    41  village  who  are  registered  with  the  appropriate  county  board  of
    42  elections at the time of signing. The sheets of such a petition shall be
    43  numbered. A signer need not himself or herself fill in the date or resi-
    44  dence. Each sheet of such petition must be in substantially the  follow-
    45  ing form and shall contain all the information required therein:
 
    46                   VILLAGE INDEPENDENT NOMINATING PETITION
 
    47    I,  the  undersigned,  do hereby state that I am a registered voter of
    48  the Village of......., that my present place of residence is truly stat-
    49  ed opposite my signature, and I do hereby nominate the  following  named

        S. 3953                             5
 
     1  person  (or  persons)  as a candidate (or as candidates) for election to
     2  public office (or public offices) to be voted for at the election to  be
     3  held   on   the.....day  of........, 20.....,  and  that  I  select  the
     4  name........... (fill  in  name)  as  the  name  of the independent body
     5  making the nomination (or nominations) [and.....(fill in emblem) as  the
     6  emblem of such body].
     7       Name of
     8      Candidate           Public Office           Term        Residence
     9     .............      ....................      ....      ...............
    10     .............      ....................      ....      ...............
 
    11    I  do  hereby  appoint  (insert  names and addresses of at least three
    12  persons, all of whom shall be registered voters within such village)  as
    13  a  committee  to fill vacancies in accordance with the provisions of the
    14  election law.
    15    In witness whereof, I have signed this petition on the  day  and  year
    16  stated before my signature.
    17      Date          Signature           Residence
    18    ..........    .................   ...................
    19    ..........    .................   ...................
 
    20                            STATEMENT OF WITNESS
 
    21    I,  .....................  state  that I am a duly qualified voter and
    22  now reside at ...................... (residence address) in the  Village
    23  of  ................  in  the  State  of  New  York  in  the  County  of
    24  ................. . Each of the voters whose  names  are  subscribed  to
    25  this  petition sheet containing ................ (fill in number) signa-
    26  tures, subscribed his or her name in my presence.
    27    I understand that this statement will be accepted for all purposes  as
    28  the  equivalent  of  an  affidavit  and, if it contains a material false
    29  statement, shall subject me to the same penalties as if I had been  duly
    30  sworn.
    31   .......................           ..............................
    32      Date                               Signature of witness
 
    33    3.  The  name  selected for the independent body making the nomination
    34  shall be in the English language and shall not include the name or  part
    35  of the name, or an abbreviation of the name or of part of the name, of a
    36  then  existing  party.  The  name  [and emblem] shown upon such petition
    37  shall conform to the requirements of this  chapter,  relating  to  party
    38  names [and party emblems]. If [such a petition shall not show an emblem,
    39  or]  the petition shall fail to select a name for such independent body,
    40  the board of elections shall select [an emblem or] a name, [or both]  to
    41  distinguish the candidates nominated thereby.
    42    §  8.  Subdivision 4 of section 15-108 of the election law, as amended
    43  by chapter 447 of the laws of 2006, is amended to read as follows:
    44    4. Independent nominations for elective village offices shall be  made
    45  by  a  petition  containing  the  signatures  in ink of residents of the
    46  village  who  are  registered  with  the  appropriate  county  board  of
    47  elections at the time of signing or who are residents of the village who
    48  were  on  the list of registered voters for the last village election in
    49  such village. The sheets of such a  petition  shall  be  numbered.  Such
    50  petition  must  set  forth in each instance the correct date of signing,
    51  the name of the signer and his or her present address, and may set forth
    52  a committee to fill vacancies consisting of at least three persons qual-

        S. 3953                             6
 
     1  ified to vote in the village election and  their  residence  within  the
     2  village.  A signer need not himself or herself fill in the date or resi-
     3  dence. Each sheet of such petition must be in substantially the  follow-
     4  ing  form  and shall contain all the information required therein except
     5  as may otherwise be permitted by law.
 
     6                   VILLAGE INDEPENDENT NOMINATING PETITION
 
     7    I, the undersigned, do hereby state that I am a  registered  voter  of
     8  the  Village  of .........., that my present place of residence is truly
     9  stated opposite my signature, and I do  hereby  nominate  the  following
    10  named person (or persons) as a candidate (or as candidates) for election
    11  to  public office (or public offices) to be voted for at the election to
    12  be held on the ..... day of ........, 20....., and  that  I  select  the
    13  name .............. (fill  in  name) as the name of the independent body
    14  making the nomination (or nominations) [and ..... (fill  in  emblem)  as
    15  the emblem of such body].
    16      Name of Candidate     Public Office       Term        Residence
 
    17    ....................  .................   ........    .................
    18    ....................  .................   ........    .................
 
    19  I do hereby appoint _ _ _ _
    20          Name                            Residence
 
    21    .............................   .................................
    22    .............................   .................................
    23  as  a  committee  to fill vacancies in accordance with the provisions of
    24  the election law.
    25    IN WITNESS WHEREOF, I have signed this petition on the  day  and  year
    26  stated before my signature.
 
    27      Date             Signature          Residence
    28    .............    .................  ...............
    29    .............    .................  ...............
 
    30                            STATEMENT OF WITNESS
 
    31    I, ............... state  that  I  am  a  duly qualified voter and now
    32  reside   at ............. (residence    address)    in    the    Village
    33  of ........... in the State of New York in the County of ........ . Each
    34  of  the  voters  whose  names  are  subscribed  to  this petition sheet,
    35  containing ........ (fill in number) signatures, subscribed his  or  her
    36  name in my presence.
    37    I  understand that this statement will be accepted for all purposes as
    38  the equivalent of an affidavit and, if  it  contains  a  material  false
    39  statement,  shall subject me to the same penalties as if I had been duly
    40  sworn.
 
    41    Date ....................        ...........................
    42                                        Signature of Witness
 
    43    § 9. Subdivision 1 of section 16-104 of the election law is amended to
    44  read as follows:
    45    1. The form and content of any ballot, or portion thereof, to be  used
    46  in  an  election, and the right to use any [emblem design,] color, party

        S. 3953                             7
 
     1  or independent body name, may be contested in a proceeding instituted in
     2  the supreme court by any aggrieved candidate or by the chairman  of  any
     3  party committee or independent body.
     4    § 10. This act shall take effect immediately.
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