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S00350 Summary:

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S00350 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           350
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  Sen. JACKSON -- 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 legal challenges to the
          constitutionality of provisions of such law

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The election law is amended by adding a new section 16-101
     2  to read as follows:
     3    § 16-101. Actions or proceedings challenging provisions of this  chap-
     4  ter.  1. Notwithstanding any other law to the contrary, in any action or
     5  proceeding  in  which  any  party  challenges the constitutionality of a
     6  provision of this chapter, and any related statutory claims, venue shall
     7  be proper only in one of the following designated courts in  a  judicial
     8  department within which at least one plaintiff is located:
     9    (a) first judicial department:  New York county;
    10    (b) second judicial department: Westchester county;
    11    (c) third judicial  department: Albany county; or
    12    (d) fourth judicial department:  Erie county.
    13    2.  For the purposes of this section, a challenge to the constitution-
    14  ality of a provision of this chapter shall mean a challenge in any form,
    15  including but  not  limited  to  a  claim,  counter-claim,  cross-claim,
    16  defense,  or  affirmative  defense.  Such  a  claim may be raised by any
    17  party, including but not limited to a plaintiff, defendant,  third-party
    18  plaintiff, third-party defendant, intervenor, or substituted party.
    19    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02388-01-3