S06636 Summary:

BILL NOS06636
 
SAME ASSAME AS A09046
 
SPONSORMARCHIONE
 
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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S06636 Actions:

BILL NOS06636
 
02/21/2014REFERRED TO ELECTIONS
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S06636 Floor Votes:

There are no votes for this bill in this legislative session.
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S06636 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6636
 
                    IN SENATE
 
                                    February 21, 2014
                                       ___________
 
        Introduced by Sen. MARCHIONE -- 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].
    25    2.  The name of a party shall be in the English language and shall not

    26  include the words "American", "United  States",  "National",  "New  York
    27  State",  "Empire  State",  or  any abbreviation thereof, nor the name or
    28  part of the name, or an abbreviation of the name, of an existing  party.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14119-01-4

        S. 6636                             2
 
     1  [The  emblem  chosen  may  be a star, an animal, an anchor, or any other
     2  proper symbol, but may not be the same as  or  similar  to  any  emblem,
     3  insignia,  symbol  or  flag  used by any political or governmental body,
     4  agency or entity nor any religious emblem, insignia, symbol or flag, nor

     5  the  portrait  of any person, nor the representation of a coin or of the
     6  currency of the United States.] The name [and emblem] chosen  shall  not
     7  be similar to or likely to create confusion with the name [or emblem] of
     8  any other existing party or independent body.
     9    § 3. Subdivision 1 of section 4-112 of the election law, as amended by
    10  chapter 4 of the laws of 2011, is amended to read as follows:
    11    1.  The state board of elections not later than thirty-six days before
    12  a general election, or fifty-three days before a special election, shall
    13  certify to each county board of elections the name and residence of each
    14  candidate nominated in any valid certificate filed with  it  or  by  the
    15  returns  canvassed  by  it, the title of the office for which nominated;

    16  the name of the party or body specified of which he is a candidate; [the
    17  emblem chosen to distinguish the candidates of the party or body;] and a
    18  notation as to whether or not any litigation is pending  concerning  the
    19  candidacy.  Upon  the completion of any such litigation, the state board
    20  of elections shall forthwith notify the  appropriate  county  boards  of
    21  elections of the results of such litigation.
    22    §  4. Subdivision 1 of section 6-128 of the election law is amended to
    23  read as follows:
    24    1. When an independent body becomes a party at a general  election  by
    25  qualifying  under  the requirements set by law, nominations shall, prior
    26  to and including the first  general  election  thereafter,  be  made  as
    27  provided  by  the rules of such party. A certificate of such nominations
    28  shall contain:

    29    (a) The name of the party filing the nominations.
    30    (b) The title of the office for which the nomination is made  and  the
    31  name and residence address of the person so nominated.
    32    (c)  The  names  of the members of the committee, if any, appointed to
    33  fill vacancies in nominations.
    34    (d) [A description and representation of the party's emblem.
    35    (e)] The name of the committee making the nomination.
    36    [(f)] (e) A certified copy of the party rules describing the rule-mak-
    37  ing body and nomination process.
    38    [(g)] (f) An affidavit containing a statement by the presiding officer
    39  and secretary of the committee that  they  are  such  officers  and  the
    40  statements in the certificate are true.
    41    § 5. Subdivision 3 of section 6-138 of the election law, as amended by

    42  chapter 305 of the laws of 1992, paragraph (a) as amended by chapter 306
    43  of the laws of 1992, is amended to read as follows:
    44    3. a. The name selected for the independent body making the nomination
    45  shall be in English characters and shall not include the name or part of
    46  the  name  or an abbreviation of the name or part of the name, nor shall
    47  the [emblem or] name be of such a configuration as to create the  possi-
    48  bility  of confusion with the [emblem or] name of a then existing party,
    49  or the [emblem or] name of an independent body selected by a  previously
    50  filed independent nominating petition for the same office.
    51    b.  Notwithstanding  the  requirements of paragraph a of this subdivi-
    52  sion, if the [emblem or] name selected for an independent  body  on  any
    53  independent  nominating  petition  is  the  same as that selected by any

    54  previously filed independent nominating petition for  the  same  office,
    55  the  board  of elections with which such later petition was filed shall,
    56  not later than two days after the filing of such later  filed  petition,

        S. 6636                             3
 
     1  send  notice  of  such duplicate selection of [emblem or] name by first-
     2  class mail, to the candidate for such office who was nominated  by  such
     3  later  filed  petition,  and  that  the candidate to whom such notice is
     4  required  to  be  sent  may file with such board of elections, not later
     5  than seven days after such notice was mailed, a certificate selecting  a
     6  different [emblem or] name.
     7    c.  A  person who has been nominated or who expects to be nominated as
     8  the candidate of an independent body for the office of President of  the

     9  United  States at any election for such office may, not later than three
    10  days after the last day to file  nominating  petitions,  file  with  the
    11  state  board  of  elections, a special certificate which shall be irrev-
    12  ocable, stating that such person does not wish to permit candidates  for
    13  any  other  office,  except  the  office of Vice-President of the United
    14  States, to appear on the ballot with the same name [and emblem]  as  the
    15  independent body which has nominated or will nominate such candidate for
    16  the office of President.
    17    d.  Not  later  than  seven days after the last day to file nominating
    18  petitions, the state board of elections shall notify each local board of
    19  elections of the name of each candidate  for  President  of  the  United
    20  States  who has filed such a special certificate, together with the name

    21  [and emblem] of the independent body  selected  on  the  petition  which
    22  nominated such candidate.
    23    e. If any candidate has been nominated for any other office by a peti-
    24  tion which selected the same name [or emblem] for an independent body as
    25  the  name  [or emblem] selected on the petition which nominated a candi-
    26  date for President of the United States who has filed a special  certif-
    27  icate  pursuant  to  paragraph  c  of  this  subdivision,  the  board of
    28  elections with which the petition nominating  such  candidate  for  such
    29  other office was filed shall, not later than ten days after the last day
    30  to  file  nominating  petitions,  send  to each such candidate, by first
    31  class mail, notice that a special certificate pursuant to paragraph c of
    32  this subdivision has been filed and that  the  candidate  to  whom  such

    33  notice  is  sent  may  file with such board of elections, not later than
    34  seven days after such notice  was  mailed,  a  certificate  selecting  a
    35  different name [and emblem].
    36    f.  If  [such a petition shall not show an emblem, or if] the petition
    37  shall fail to select a name for such independent body, or if pursuant to
    38  the provisions of paragraph b or paragraph  e  of  this  subdivision,  a
    39  candidate  shall  fail to select another [emblem or] name for such inde-
    40  pendent body, the officer or board in whose office the petition is filed
    41  shall select [an emblem or] a name [or both] to distinguish  the  candi-
    42  dates  nominated thereby. The name [and emblem] shown upon such petition
    43  or selected by a candidate authorized to make such  selection  by  para-

    44  graph b or paragraph e of this subdivision, or selected by an officer or
    45  board  shall  also  conform  to  the  requirements  of this chapter with
    46  respect to names [or emblems] permitted to be selected by a party.
    47    g. Nothing contained in this subdivision shall  preclude  a  court  of
    48  competent jurisdiction from rejecting an independent nominating petition
    49  if  the  court  determines that fraud was involved in the selection of a
    50  name [or emblem].
    51    § 6. Paragraph a of subdivision 1 of section  6-140  of  the  election
    52  law,  as  amended by chapter 235 of the laws of 2000, is amended to read
    53  as follows:
    54    a. Each sheet of an independent nominating petition shall be signed in
    55  ink, shall contain the following information and shall  be  in  substan-
    56  tially the following form:


        S. 6636                             4
 
     1    I,  the  undersigned,  do hereby state that I am a registered voter of
     2  the political unit for which a nomination for public  office  is  hereby
     3  being  made, that my present place of residence is truly stated opposite
     4  my signature hereto, and that I do hereby nominate the  following  named
     5  person  (or  persons)  as a candidate (or as candidates) for election to
     6  public office (or public offices) to be voted for at the election to  be
     7  held  on  the  ............  day of ................, 20...., and that I
     8  select the name ............................ (fill in name) as the  name
     9  of  the  independent  body  making  the nomination (or nominations) [and
    10  ................ (fill in emblem) as the emblem of such body].
 
    11                                             Place of residence

    12                                             (also post office
    13   Name of            Public                  address
    14   Candidate          Office                 if not identical)
    15   ..........         .................      ..........................
    16   ..........         .................      ..........................
    17  I do hereby appoint ............................. (here insert the names
    18  and addresses of at least three persons, all of whom shall be registered
    19  voters within such political unit), as a committee to fill vacancies  in
    20  accordance with the provisions of the election law.
    21    In  witness  whereof,  I  have  hereunto set my hand, the day and year
    22  placed opposite my signature.
 
    23   Date              Name of Signer            Residence
    24   ......            ................          .......................
    25   ......            ................          .......................

    26                                               Town or city (except
    27                                               in the city of New
    28                                               York, the county)
                                                     .......................
                                                     .......................
 
    29    § 7. Subdivisions 1 and 3 of section 6-206 of the election law, subdi-
    30  vision 1 as amended by chapter 447 of the laws of 2006, and  subdivision
    31  3  as  added  by chapter 359 of the laws of 1989, are amended to read as
    32  follows:
    33    1. Independent nominations for elective village offices shall be  made
    34  by  a  petition  containing  the  signatures  in ink of residents of the
    35  village  who  are  registered  with  the  appropriate  county  board  of
    36  elections at the time of signing. The sheets of such a petition shall be

    37  numbered. A signer need not himself or herself fill in the date or resi-
    38  dence.  Each sheet of such petition must be in substantially the follow-
    39  ing form and shall contain all the information required therein:
 
    40                   VILLAGE INDEPENDENT NOMINATING PETITION
 
    41    I, the undersigned, do hereby state that I am a  registered  voter  of
    42  the Village of......., that my present place of residence is truly stat-
    43  ed  opposite  my signature, and I do hereby nominate the following named
    44  person (or persons) as a candidate (or as candidates)  for  election  to
    45  public  office (or public offices) to be voted for at the election to be
    46  held  on  the.....day  of........, 20.....,  and  that  I   select   the
    47  name........... (fill  in  name)  as  the  name  of the independent body
    48  making the nomination (or nominations) [and.....(fill in emblem) as  the

    49  emblem of such body].

        S. 6636                             5
 
     1       Name of
     2      Candidate           Public Office           Term        Residence
     3     .............      ....................      ....      ...............
     4     .............      ....................      ....      ...............
 
     5    I  do  hereby  appoint  (insert  names and addresses of at least three
     6  persons, all of whom shall be registered voters within such village)  as
     7  a  committee  to fill vacancies in accordance with the provisions of the
     8  election law.
     9    In witness whereof, I have signed this petition on the  day  and  year
    10  stated before my signature.
    11      Date          Signature           Residence
    12    ..........    .................   ...................
    13    ..........    .................   ...................
 

    14                            STATEMENT OF WITNESS
 
    15    I,  .....................  state  that I am a duly qualified voter and
    16  now reside at ...................... (residence address) in the  Village
    17  of  ................  in  the  State  of  New  York  in  the  County  of
    18  ................. . Each of the voters whose  names  are  subscribed  to
    19  this  petition sheet containing ................ (fill in number) signa-
    20  tures, subscribed his or her name in my presence.
    21    I understand that this statement will be accepted for all purposes  as
    22  the  equivalent  of  an  affidavit  and, if it contains a material false
    23  statement, shall subject me to the same penalties as if I had been  duly
    24  sworn.
    25   .......................           ..............................
    26      Date                               Signature of witness
 

    27    3.  The  name  selected for the independent body making the nomination
    28  shall be in the English language and shall not include the name or  part
    29  of the name, or an abbreviation of the name or of part of the name, of a
    30  then  existing  party.  The  name  [and emblem] shown upon such petition
    31  shall conform to the requirements of this  chapter,  relating  to  party
    32  names [and party emblems]. If [such a petition shall not show an emblem,
    33  or]  the petition shall fail to select a name for such independent body,
    34  the board of elections shall select [an emblem or] a name, [or both]  to
    35  distinguish the candidates nominated thereby.
    36    §  8.  Subdivision 4 of section 15-108 of the election law, as amended
    37  by chapter 447 of the laws of 2006, is amended to read as follows:

    38    4. Independent nominations for elective village offices shall be  made
    39  by  a  petition  containing  the  signatures  in ink of residents of the
    40  village  who  are  registered  with  the  appropriate  county  board  of
    41  elections at the time of signing or who are residents of the village who
    42  were  on  the list of registered voters for the last village election in
    43  such village. The sheets of such a  petition  shall  be  numbered.  Such
    44  petition  must  set  forth in each instance the correct date of signing,
    45  the name of the signer and his or her present address, and may set forth
    46  a committee to fill vacancies consisting of at least three persons qual-
    47  ified to vote in the village election and  their  residence  within  the
    48  village.  A signer need not himself or herself fill in the date or resi-
    49  dence. Each sheet of such petition must be in substantially the  follow-

    50  ing  form  and shall contain all the information required therein except
    51  as may otherwise be permitted by law.

        S. 6636                             6
 
     1                   VILLAGE INDEPENDENT NOMINATING PETITION
 
     2    I,  the  undersigned,  do hereby state that I am a registered voter of
     3  the Village of .........., that my present place of residence  is  truly
     4  stated  opposite  my  signature,  and I do hereby nominate the following
     5  named person (or persons) as a candidate (or as candidates) for election
     6  to public office (or public offices) to be voted for at the election  to
     7  be  held  on  the ..... day  of ........, 20....., and that I select the
     8  name .............. (fill in name) as the name of the  independent  body
     9  making  the  nomination  (or nominations) [and ..... (fill in emblem) as
    10  the emblem of such body].

    11      Name of Candidate     Public Office       Term        Residence
 
    12    ....................  .................   ........    .................
    13    ....................  .................   ........    .................
 
    14  I do hereby appoint _ _ _ _
    15          Name                            Residence
 
    16    .............................   .................................
    17    .............................   .................................
    18  as a committee to fill vacancies in accordance with  the  provisions  of
    19  the 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  and  now
    27  reside    at ............. (residence    address)    in    the   Village
    28  of ........... in the State of New York in the County of ........ . Each
    29  of the voters  whose  names  are  subscribed  to  this  petition  sheet,
    30  containing ........ (fill  in  number) signatures, subscribed his or her
    31  name in my presence.
    32    I understand that this statement will be accepted for all purposes  as
    33  the  equivalent  of  an  affidavit  and, if it contains a material false
    34  statement, shall subject me to the same penalties as if I had been  duly
    35  sworn.
 
    36    Date ....................        ...........................
    37                                        Signature of Witness
 
    38    § 9. Subdivision 1 of section 16-104 of the election law is amended to
    39  read as follows:

    40    1.  The form and content of any ballot, or portion thereof, to be used
    41  in an election, and the right to use any [emblem design,]  color,  party
    42  or independent body name, may be contested in a proceeding instituted in
    43  the  supreme  court by any aggrieved candidate or by the chairman of any
    44  party committee or independent body.
    45    § 10. This act shall take effect immediately.
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