Provides for the declination of a designation as a candidate or nomination for a party position if the person designated or nominated has received a diagnosis of a serious health condition or has resigned the office for which they are nominated or designated to run for re-election.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2736B
SPONSOR: Paulin TITLE OF BILL:
An act to amend the election law, in relation to providing for the
declination of a designation as a candidate or nomination for a party
position under special circumstances
PURPOSE OR GENERAL IDEA OF BILL:
To allow a candidate to voluntarily decline their party's designation or
nomination, and be removed from the ballot, if they are diagnosed with a
serious health condition or have resigned the office for which they are
nominated or designated to run for re-election.
SUMMARY OF PROVISIONS:
Section one amends paragraph (c) of subdivision 7 of section 6-146 of
the election law, as added by chapter 178 of the laws of 2022, and adds
two new paragraphs (d) and (e). This section allows a person designated
as a candidate for nomination or for party position, or nominated for an
office, in a certificate signed and acknowledged by such person and
filed no later than the last day to certify the ballot pursuant to
section 4-110 or section 4-112 of the election law, to decline the
designation or nomination under the following circumstances: (d) where
the person so nominated or designated has received a diagnosis of a
serious health condition at any time after such person's designation or
nomination; or (e) where the person so nominated or designated has
resigned the office for which they are nominated or designated to run
for re-election, for any reason, at any time after such person's desig-
nation or nomination. For the purposes of this section, the term "seri-
ous health condition" shall be defined as an illness, injury, impair-
ment, or physical or mental condition, including transplantation
preparation and recovery from surgery related to organ or tissue
donation, that involves inpatient care in a hospital, hospice, or resi-
dential health care facility, continuing treatment or continuing super-
vision by a health care provider. Continuing supervision by a healthcare
provider includes a period of incapacity which is permanent or long term
due to a condition for which treatment may not be effective where the
family member is under the continuing supervision of, but need not be
receiving active treatment by, a health care prOvider.
Section two provides the effective date.
JUSTIFICATION:
Currently, once a certificate of designation or nomination has been
filed, the only basis for removing a candidate is death, declination or
disqualification. A candidate is only permitted to decline a
designation/nomination after the filing deadline if they are nominated
for a second office or if they are arrested, charged with or convicted
of'a crime, or they can decline a nomination on one ballot line in a
general election if they are defeated on a different party's line in a
primary for the same office. Disqualification is also very narrow and
only applies if the candidate does not meet the qualifications for hold-
ing office of being 18 years old, a United States citizen, and a resi-
dent of New York State.
A candidate who is diagnosed with a serious health condition or has
resigned the office for which they are nominated or designated to run
for re-election should be permitted to voluntarily decline the party's
designation or nomination and withdraw their name from the ballot to
allow a new candidate to be selected. Individuals experiencing these
circumstances should be allowed to withdraw from the election and focus
on their health or other personal' challenges. Allowing candidates to
decline in these circumstances will also enable voters to cast a ballot
that is reflective of the actual candidates in the race.
PRIOR LEGISLATIVE HISTORY:
A.9947 of 2022, referred to Election Law.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2736--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. PAULIN, LAVINE, L. ROSENTHAL, DICKENS, SEAWRIGHT,
COLTON, GALLAGHER, BURDICK, KELLES, SAYEGH, WOERNER, SEPTIMO, SIMON --
read once and referred to the Committee on Election Law -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Election Law in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the election law, in relation to providing for the
declination of a designation as a candidate or nomination for a party
position under special circumstances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 7 of section 6-146 of the
2 election law, as added by chapter 178 of the laws of 2022, is amended
3 and two new paragraphs (d) and (e) are added to read as follows:
4 (c) where the person so nominated or designated has been convicted of
5 one or more misdemeanors or felonies under state or federal law at any
6 time after such person's designation or nomination[.]; or
7 (d) where the person so nominated or designated has received a diagno-
8 sis of a serious health condition at any time after such person's desig-
9 nation or nomination. For the purposes of this section, the term "seri-
10 ous health condition" shall be defined as an illness, injury,
11 impairment, or physical or mental condition, including transplantation
12 preparation and recovery from surgery related to organ or tissue
13 donation, that involves inpatient care in a hospital, hospice, or resi-
14 dential health care facility, continuing treatment or continuing super-
15 vision by a health care provider. Continuing supervision by a health
16 care provider includes a period of incapacity which is permanent or long
17 term due to a condition for which treatment may not be effective where
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05710-04-4
A. 2736--B 2
1 the family member is under the continuing supervision of, but need not
2 be receiving active treatment by, a health care provider; or
3 (e) where the person so nominated or designated has resigned the
4 office for which they are nominated or designated to run for re-elec-
5 tion, for any reason, at any time after such person's designation or
6 nomination.
7 § 2. This act shall take effect immediately.
