•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A07480 Summary:

BILL NOA07480A
 
SAME ASNo Same As
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Amd §§7-116, 6-124, 2-104, 7-104, 6-104 & 9-214, El L
 
Relates to the representation of newly formed political parties; relates to the placement of candidates of newly formed political parties on ballots, the representation of such parties within the state and the transmission of the official canvass of votes cast for presidential electors.
Go to top    

A07480 Actions:

BILL NOA07480A
 
05/10/2021referred to election law
05/19/2021reported referred to rules
06/01/2021reported
06/01/2021rules report cal.247
06/01/2021ordered to third reading rules cal.247
01/05/2022ordered to third reading cal.244
03/21/2022amended on third reading 7480a
Go to top

A07480 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7480A                 Revised 3/24/22
 
SPONSOR: Walker
  TITLE OF BILL: An act to amend the election law, in relation to the representation of newly formed political parties   PURPOSE: This bill would set forth the guidelines under which a new political party may form.   SUMMARY OF PROVISIONS: Section one amends section 7-116 of the election law in relation to the placement of candidates' names on the ballot. Section two amends section 6-124 of the election law regarding newly formed political parties in relation to Judicial Conventions, and the number of delegates allowed. Section three amends subdivision one of section 2-104 if the election law regarding newly formed political parties in relation to the election of county committee members. Section four amends subdivision five of section 7-104 of the election law by adding the office of the president of the United States to the list of candidates who shall appear on the ballot on each line of the parties or independent bodies nominating him or her. Section five amends subdivision four of section 6-104 of the election law regarding newly formed political parties in relation to the desig- nation of candidates for statewide office. Section six amends the third undesignated pa'ragraph of section 9-214 of the election law by adding those elected as presidential electors in each election district to the list that is to be sent to the State Board of Elections by the local boards on or before December 10th following the election of such electors. Section seven is the effective date.   JUSTIFICATION: The law that defines how an independent body becomes a state party was recently amended to allow a state party to be created at a presidential election, in addition to a gubernatorial election, if a certain thresh- old result occurs. This bill amends the election law to provide that presidential numbers for new parties will be used when needed until gubernatorial numbers are available for purposes of judicial conventions, county committee members, designation of statewide candi- dates, and election district reports to the State Board of Elections when a new party is created as a result of a presidential election. Established parties will continue to use gubernatorial numbers for such purposes and both presidential and gubernatorial numbers will be used to determine ballot order in the following election.   LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately.
Go to top

A07480 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7480--A
                                                                Cal. No. 244
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2021
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on  Election  Law  --  ordered to a third reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the election law, in relation to the  representation  of
          newly formed political parties
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section  7-116  of  the  election  law  is
     2  amended to read as follows:
     3    1. In printing the names of candidates on the ballot, the candidate or
     4  candidates  of  the party which polled [for its candidate for the office
     5  of governor at the last preceding election for such office] the  highest
     6  number of votes for its candidate for governor or for its slate of pres-
     7  ident  electors  at the most recent general election in an even numbered
     8  year, shall be [row or] column A or one and the candidates of the  other
     9  parties  shall  be  placed  on  such  ballot in descending order of such
    10  votes.
    11    § 2. Section 6-124 of the election law, as amended by chapter  876  of
    12  the laws of 1977, is amended to read as follows:
    13    §  6-124.  Conventions; judicial. A judicial district convention shall
    14  be constituted by the election at the preceding primary of delegates and
    15  alternate delegates, if any, from  each  assembly  district  or,  if  an
    16  assembly  district shall contain all or part of two or more counties and
    17  if the rules of the party shall so provide, separately from the part  of
    18  such  assembly district contained within each such county. The number of
    19  delegates and alternates, if any, shall be determined  by  party  rules,
    20  but  the  number  of delegates shall be substantially in accordance with
    21  the ratio, which the number of votes cast for the  party  candidate  for
    22  the  office  of governor, on the line or column of the party at the last
    23  preceding election for such office, in any unit of representation, bears
    24  to the total vote cast at such election for such candidate on such  line
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11200-02-2

        A. 7480--A                          2
 
     1  or column in the entire state; provided, however, for a new party formed
     2  at  a  presidential election, for such party's judicial district conven-
     3  tion held in the second year after the presidential election, such ratio
     4  shall be based on such party's vote for presidential electors, as other-
     5  wise  as  provided by this section, and thereafter based on such party's
     6  vote for the office of governor.  The  number  of  alternates  from  any
     7  district shall not exceed the number of delegates therefrom.  The deleg-
     8  ates  certified  to have been elected as such, in the manner provided in
     9  this chapter, shall be conclusively entitled to their seats, rights  and
    10  votes as delegates to such convention. When a duly elected delegate does
    11  not attend the convention, his place shall be taken by one of the alter-
    12  nates,  if any, to be substituted in his place, in the order of the vote
    13  received by each such alternate as such vote appears upon the  certified
    14  list  and  if  an  equal  number of votes were cast for two or more such
    15  alternates; the order in which  such  alternates  shall  be  substituted
    16  shall  be  determined by lot forthwith upon the convening of the conven-
    17  tion. If there shall have been  no  contested  election  for  alternate,
    18  substitution  shall  be in the order in which the name of such alternate
    19  appears upon the certified list, and if no alternates  shall  have  been
    20  elected  or  if no alternates appear at such convention, then the deleg-
    21  ates present from the same district shall elect a  person  to  fill  the
    22  vacancy.
    23    § 3. Subdivision 1 of section 2-104 of the election law, as amended by
    24  chapter 260 of the laws of 2021, is amended to read as follows:
    25    1.  The  county  committee  of  each party shall be constituted by the
    26  election in each election district within such county of  at  least  two
    27  members  and  of  such  additional  members  as  the rules of the county
    28  committee of the party within the county or the statement filed pursuant
    29  hereto may provide for such district, proportional to the party vote  in
    30  the  district for governor at the last preceding gubernatorial election,
    31  or in the case of a new party formed at  a  presidential  election  when
    32  first  electing members of a county committee, proportional to the party
    33  vote in the district for presidential electors  at  the  last  preceding
    34  presidential  election,  or in case the boundaries of such district have
    35  been changed or a new district has been created since the last preceding
    36  gubernatorial election used to apportion members,  proportional  to  the
    37  party  vote  cast  for  member  of assembly or in the event there was no
    38  election for member of assembly, then  proportional  to  the  number  of
    39  enrolled  voters  of such party in such district on the list of enrolled
    40  voters last published by the board of  elections,  excluding  voters  in
    41  inactive status. In a county in which no additional members are provided
    42  for by the rules of the county committee or the statement filed pursuant
    43  hereto  the  voting  power of each member shall be in proportion to such
    44  party vote or, if the election district which such member represents was
    45  created or changed since the  last  election  for  member  of  assembly,
    46  proportional  to  such party enrollment. In a county in which additional
    47  members are so provided for, on the basis of the party vote  or  enroll-
    48  ment  in  election  districts within such county, each member shall have
    49  one vote. Each member of a county committee shall be an  enrolled  voter
    50  of the party residing in the county and the assembly district from which
    51  or  in  the  assembly district containing the election district in which
    52  such member is elected except that a member of a county  committee  who,
    53  as  a  result  of  an  alteration  of assembly district lines, no longer
    54  resides within such assembly district may  continue  to  serve  for  the
    55  balance of the term to which he was elected.

        A. 7480--A                          3
 
     1    § 4. Subdivision 5 of section 7-104 of the election law, as amended by
     2  chapter 411 of the laws of 2019, is amended to read as follows:
     3    5. Notwithstanding the provisions of subdivision four of this section,
     4  the name of a person who is nominated for the office of president of the
     5  United  States  (electors for), governor, or state senator, or member of
     6  assembly, shall appear on the ballot as many times as there are  parties
     7  or  independent bodies nominating him or her, and there shall be a sepa-
     8  rate voting position at each place in which such name shall appear.
     9    § 5. Subdivision 4 of section 6-104 of the election law is amended  to
    10  read as follows:
    11    4.  Upon  the  vote  for  such  designation,  each member of the state
    12  committee shall be entitled to cast a number of votes which shall be  in
    13  accordance  with  the ratio which the number of votes cast for the party
    14  candidate for governor on the line or column of the party  at  the  last
    15  preceding  general  state election in the unit of representation of such
    16  member bears to the total vote cast on  such  line  or  column  at  such
    17  election for such candidate in the entire state, or in the case of a new
    18  party  formed  at  a  presidential  election,  each  member of the state
    19  committee shall be entitled to cast a number of votes which shall be  in
    20  accordance with the ratio which the number of votes cast for the party's
    21  presidential electors at the last preceding presidential election in the
    22  unit  of  representation  of such member bears to the total vote cast on
    23  such line or column at such election for such  electors  in  the  entire
    24  state, until such time as such new party has a party vote for its candi-
    25  date  for  governor.    The apportionment of such votes as so prescribed
    26  shall be determined by the rules of the party.
    27    § 6. The third undesignated paragraph of section 9-214 of the election
    28  law is amended to read as follows:
    29    The board of elections shall transmit to the state board, on or before
    30  the tenth day of December following an election for governor  or  presi-
    31  dential   electors,   a   certified  tabulated  statement,  by  election
    32  districts, of the official canvass of the votes cast for candidates  for
    33  governor  or  presidential electors, to include, in the case of a candi-
    34  date who was nominated by two or more parties or independent  bodies,  a
    35  separate  statement of the number of votes cast for [him] such candidate
    36  as the candidate of each party or independent body by  which  [he]  such
    37  candidate  was nominated and if the county contains more than one assem-
    38  bly district or parts of more than one assembly district, a statement of
    39  the number of votes cast for governor or presidential electors by assem-
    40  bly district.
    41    § 7. This act shall take effect immediately.
Go to top