STATE OF NEW YORK
________________________________________________________________________
274
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. MYRIE -- 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.
LBD02371-01-1
S. 274 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 5 of the laws of 2019, is amended to read as follows:
15 1. The state board of elections, not later than fifty-five 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 or she is a candi-
21 date; [the emblem chosen to distinguish the candidates of the party or
22 body;] and a notation as to whether or not any litigation is pending
23 concerning the candidacy. Upon the completion of any such litigation,
24 the state board of elections shall forthwith notify the appropriate
25 county boards of elections of the results of such litigation.
26 § 4. Subdivision 1 of section 6-128 of the election law, paragraph (a)
27 as amended by chapter 619 of the laws of 2019, is amended to read as
28 follows:
29 1. When an independent body becomes a party at a general election by
30 qualifying under the requirements set by law, nominations shall, prior
31 to and including the first general election thereafter, be made as
32 provided by the rules of such party. A certificate of such nominations
33 shall contain:
34 (a) The name of the party filing the nominations which shall not be
35 altered or modified once submitted.
36 (b) The title of the office for which the nomination is made and the
37 name and residence address of the person so nominated.
38 (c) The names of the members of the committee, if any, appointed to
39 fill vacancies in nominations.
40 (d) [A description and representation of the party's emblem.
41 (e)] The name of the committee making the nomination.
42 [(f)] (e) A certified copy of the party rules describing the rule-mak-
43 ing body and nomination process.
44 [(g)] (f) An affidavit containing a statement by the presiding officer
45 and secretary of the committee that they are such officers and the
46 statements in the certificate are true.
47 § 5. Subdivision 3 of section 6-138 of the election law, as amended by
48 chapter 305 of the laws of 1992, paragraph a as amended by chapter 619
49 of the laws of 2019, is amended to read as follows:
50 3. a. The name selected for the independent body making the nomination
51 shall be in English characters and shall not include the name or part of
52 the name or an abbreviation of the name or part of the name, nor shall
53 the [emblem or] name be of such a configuration as to create the possi-
54 bility of confusion with the [emblem or] name of a then existing party,
55 or the [emblem or] name of an independent body selected by a previously
56 filed independent nominating petition for the same office. Such name
S. 274 3
1 selected for such independent body shall continuously remain the name of
2 such party as defined in subdivision three of section 1-104 of this
3 chapter.
4 b. Notwithstanding the requirements of paragraph a of this subdivi-
5 sion, if the [emblem or] name selected for an independent body on any
6 independent nominating petition is the same as that selected by any
7 previously filed independent nominating petition for the same office,
8 the board of elections with which such later petition was filed shall,
9 not later than two days after the filing of such later filed petition,
10 send notice of such duplicate selection of [emblem or] name by first-
11 class mail, to the candidate for such office who was nominated by such
12 later filed petition, and that the candidate to whom such notice is
13 required to be sent may file with such board of elections, not later
14 than seven days after such notice was mailed, a certificate selecting a
15 different [emblem or] name.
16 c. A person who has been nominated or who expects to be nominated as
17 the candidate of an independent body for the office of President of the
18 United States at any election for such office may, not later than three
19 days after the last day to file nominating petitions, file with the
20 state board of elections, a special certificate which shall be irrev-
21 ocable, stating that such person does not wish to permit candidates for
22 any other office, except the office of Vice-President of the United
23 States, to appear on the ballot with the same name [and emblem] as the
24 independent body which has nominated or will nominate such candidate for
25 the office of President.
26 d. Not later than seven days after the last day to file nominating
27 petitions, the state board of elections shall notify each local board of
28 elections of the name of each candidate for President of the United
29 States who has filed such a special certificate, together with the name
30 [and emblem] of the independent body selected on the petition which
31 nominated such candidate.
32 e. If any candidate has been nominated for any other office by a peti-
33 tion which selected the same name [or emblem] for an independent body as
34 the name [or emblem] selected on the petition which nominated a candi-
35 date for President of the United States who has filed a special certif-
36 icate pursuant to paragraph c of this subdivision, the board of
37 elections with which the petition nominating such candidate for such
38 other office was filed shall, not later than ten days after the last day
39 to file nominating petitions, send to each such candidate, by first
40 class mail, notice that a special certificate pursuant to paragraph c of
41 this subdivision has been filed and that the candidate to whom such
42 notice is sent may file with such board of elections, not later than
43 seven days after such notice was mailed, a certificate selecting a
44 different name [and emblem].
45 f. If [such a petition shall not show an emblem, or if] the petition
46 shall fail to select a name for such independent body, or if pursuant to
47 the provisions of paragraph b or paragraph e of this subdivision, a
48 candidate shall fail to select another [emblem or] name for such inde-
49 pendent body, the officer or board in whose office the petition is filed
50 shall select [an emblem or] a name [or both] to distinguish the candi-
51 dates nominated thereby. The name [and emblem] shown upon such petition
52 or selected by a candidate authorized to make such selection by para-
53 graph b or paragraph e of this subdivision, or selected by an officer or
54 board shall also conform to the requirements of this chapter with
55 respect to names [or emblems] permitted to be selected by a party.
S. 274 4
1 g. Nothing contained in this subdivision shall preclude a court of
2 competent jurisdiction from rejecting an independent nominating petition
3 if the court determines that fraud was involved in the selection of a
4 name [or emblem].
5 § 6. Paragraph a of subdivision 1 of section 6-140 of the election
6 law, as amended by chapter 176 of the laws of 2017, is amended to read
7 as follows:
8 a. Each sheet of an independent nominating petition shall be signed in
9 ink, shall contain the following information and shall be in substan-
10 tially the following form:
11 I, the undersigned, do hereby state that I am a registered voter of
12 the political unit for which a nomination for public office is hereby
13 being made, that my present place of residence is truly stated opposite
14 my signature hereto, and that I do hereby nominate the following named
15 person (or persons) as a candidate (or as candidates) for election to
16 public office (or public offices) to be voted for at the election to be
17 held on the ............ day of ................, 20...., and that I
18 select the name ............................ (fill in name) as the name
19 of the independent body making the nomination (or nominations) [and
20 ................ (fill in emblem) as the emblem of such body].
21 Public Place of residence
22 Office (also post office
23 Name of (include district address
24 Candidate number, if applicable) if not identical)
25 .......... ................. ..........................
26 .......... ................. ..........................
27 I do hereby appoint ............................. (here insert the names
28 and addresses of at least three persons, all of whom shall be registered
29 voters within such political unit), as a committee to fill vacancies in
30 accordance with the provisions of the election law.
31 In witness whereof, I have hereunto set my hand, the day and year
32 placed opposite my signature.
33 Date Name of Signer Residence
34 ...... ................ .......................
35 ...... ................ .......................
36 Town or city (except
37 in the city of New
38 York, the county)
.......................
.......................
39 § 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi-
40 vision 1 as separately amended by chapters 106 and 176 of the laws of
41 2017, and subdivision 3 as added by chapter 359 of the laws of 1989, are
42 amended to read as follows:
43 1. Independent nominations for elective village offices shall be made
44 by a petition containing the signatures in ink of residents of the
45 village who are registered with the appropriate county board of
46 elections at the time of signing. The sheets of such a petition shall be
47 numbered. A signer need not himself or herself fill in the date or resi-
48 dence. Each sheet of such petition must be in substantially the follow-
49 ing form and shall contain all the information required therein:
50 VILLAGE INDEPENDENT NOMINATING PETITION
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1 I, the undersigned, do hereby state that I am a registered voter of
2 the Village of......., that my present place of residence is truly stat-
3 ed opposite my signature, and I do hereby nominate the following named
4 person (or persons) as a candidate (or as candidates) for election to
5 public office (or public offices) to be voted for at the election to be
6 held on the.....day of........, 20....., and that I select the
7 name........... (fill in name) as the name of the independent body
8 making the nomination (or nominations) [and.....(fill in emblem) as the
9 emblem of such body].
10 Name of
11 Candidate Public Office Term Residence
12 (include district
13 number, if applicable)
14 ............. .................... .... ..............
15 ............. .................... .... ..............
16 I do hereby appoint (insert names and addresses of at least three
17 persons, all of whom shall be registered voters within such village) as
18 a committee to fill vacancies in accordance with the provisions of the
19 election law.
20 In witness whereof, I have signed this petition on the day and year
21 stated before my signature.
22 Date Signature Residence
23 .......... ................. ...................
24 .......... ................. ...................
25 STATEMENT OF WITNESS
26 I, ..................... state that I am a duly qualified voter of the
27 State of New York. I now reside at ................ (residence address).
28 Each of the voters whose names are subscribed to this petition sheet
29 containing ................ (fill in number) signatures, subscribed his
30 or her name in my presence.
31 I understand that this statement will be accepted for all purposes as
32 the equivalent of an affidavit and, if it contains a material false
33 statement, shall subject me to the same penalties as if I had been duly
34 sworn.
35 ....................... ..............................
36 Date Signature of witness
37 3. The name selected for the independent body making the nomination
38 shall be in the English language and shall not include the name or part
39 of the name, or an abbreviation of the name or of part of the name, of a
40 then existing party. The name [and emblem] shown upon such petition
41 shall conform to the requirements of this chapter, relating to party
42 names [and party emblems]. If [such a petition shall not show an emblem,
43 or] the petition shall fail to select a name for such independent body,
44 the board of elections shall select [an emblem or] a name, [or both] to
45 distinguish the candidates nominated thereby.
46 § 8. Subdivision 4 of section 15-108 of the election law, as separate-
47 ly amended by chapters 106 and 176 of the laws of 2017, is amended to
48 read as follows:
49 4. Independent nominations for elective village offices shall be made
50 by a petition containing the signatures in ink of residents of the
51 village who are registered with the appropriate county board of
52 elections at the time of signing or who are residents of the village who
S. 274 6
1 were on the list of registered voters for the last village election in
2 such village. The sheets of such a petition shall be numbered. Such
3 petition must set forth in each instance the correct date of signing,
4 the name of the signer and his or her present address, and may set forth
5 a committee to fill vacancies consisting of at least three persons qual-
6 ified to vote in the village election and their residence within the
7 village. A signer need not himself or herself fill in the date or resi-
8 dence. Each sheet of such petition must be in substantially the follow-
9 ing form and shall contain all the information required therein except
10 as may otherwise be permitted by law.
11 VILLAGE INDEPENDENT NOMINATING PETITION
12 I, the undersigned, do hereby state that I am a registered voter of
13 the Village of .........., that my present place of residence is truly
14 stated opposite my signature, and I do hereby nominate the following
15 named person (or persons) as a candidate (or as candidates) for election
16 to public office (or public offices) to be voted for at the election to
17 be held on the ..... day of ........, 20....., and that I select the
18 name .............. (fill in name) as the name of the independent body
19 making the nomination (or nominations) [and ..... (fill in emblem) as
20 the emblem of such body].
21 Public Office
22 (include district
23 number, if
24 Name of Candidate applicable) Term Residence
25 .................... ................. ........ ................
26 .................... ................. ........ ................
27 I do hereby appoint _ _ _ _
28 Name Residence
29 ............................. .................................
30 ............................. .................................
31 as a committee to fill vacancies in accordance with the provisions of
32 the election law.
33 IN WITNESS WHEREOF, I have signed this petition on the day and year
34 stated before my signature.
35 Date Signature Residence
36 ............. ................. ...............
37 ............. ................. ...............
38 STATEMENT OF WITNESS
39 I, ............... state that I am a duly qualified voter of the State
40 of New York. I now reside at .......... (residence address). Each of the
41 voters whose names are subscribed to this petition sheet,
42 containing ........ (fill in number) signatures, subscribed his or her
43 name in my presence.
44 I understand that this statement will be accepted for all purposes as
45 the equivalent of an affidavit and, if it contains a material false
46 statement, shall subject me to the same penalties as if I had been duly
47 sworn.
S. 274 7
1 Date .................... ...........................
2 Signature of Witness
3 § 9. Subdivision 1 of section 16-104 of the election law, as amended
4 by chapter 66 of the laws of 2019, is amended to read as follows:
5 1. The form and content of any ballot, or portion thereof, to be used
6 in an election, and the right to use any [emblem design,] party or inde-
7 pendent body name, may be contested in a proceeding instituted in the
8 supreme court by any aggrieved candidate or by the chairman of any party
9 committee or independent body.
10 § 10. This act shall take effect immediately.
