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 life-threatening illness, has been indicted for a crime 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: A2736
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
terminal illness, are facing criminal charges, or has resigned the
office for which they are nominated or designated to run for re-elec-
tion.
SUMMARY OF PROVISIONS:
Section one adds a new section 6-159 to the election law entitled,
"Special circumstance declination." This section allows a person desig-
nated as a candidate for nomination or for party position, or nominated
for an office, to file a signed certificate no later than three business
days before the certification of the ballot for an election declining
the designation or nomination under the following extraordinary circum-
stances: the person has been diagnosed with a terminal illness, indicted
for a crime, or has resigned the office for which they are nominated or
designated to run for re-election.
Section two provides that the certificate of substitution shall be
received by the appropriate board of elections not later than two busi-
ness days after such declination is received by the board.
Section three 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 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
holding office of being 18 years old, a United States citizen, and a
resident of New York State.
A candidate who is diagnosed with a terminal illness, charged with a
crime, or has resigned the office for which they are nominated or desig-
nated 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 legal 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
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
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. The election law is amended by adding a new section 6-159
2 to read as follows:
3 § 6-159. Special circumstance declination. 1. Notwithstanding the date
4 specified in the notice required pursuant to section 6-144 of this arti-
5 cle, a person designated as a candidate for nomination or for party
6 position, or nominated for an office, may, in a certificate signed and
7 acknowledged by him or her, and filed no later than three business days
8 before the certification of the ballot for an election, decline the
9 designation or nomination only under the following extraordinary circum-
10 stances:
11 (a) the person has received a diagnosis of a life-threatening illness;
12 (b) the person has been indicted for a crime; or
13 (c) the person has resigned the office for which they are nominated or
14 designated to run for re-election, for any reason.
15 2. The provisions of this article regarding filling a vacancy when a
16 designation or nomination is declined shall apply following the creation
17 of vacancy due to special circumstances as herein provided, except that
18 the certificate of substitution shall be received by the appropriate
19 board of elections not later than two business days after such declina-
20 tion is received by the board.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05710-01-3
