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A08178 Summary:

BILL NOA08178
 
SAME ASNo Same As
 
SPONSORBurke
 
COSPNSRStirpe, Lunsford
 
MLTSPNSR
 
Amd §§7-104, 7-116, 2-104 & 6-124, El L
 
Removes party lines from ballots and has candidates' names appearing only once on a ballot for an office for all elections that are not presidential or gubernatorial.
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A08178 Actions:

BILL NOA08178
 
10/27/2023referred to election law
01/03/2024referred to election law
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A08178 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8178
 
SPONSOR: Burke
  TITLE OF BILL: An act to amend the election law, in relation to removing party lines from ballots for all elections that are not presidential or gubernatori- al   PURPOSE OR GENERAL IDEA OF BILL: This bill simplifies New York's ballot design by listing candidates only once, with the exception of presidential and gubernatorial races, and affixing party nominations to a candidate's name rather than listing them on a party row or column..   SUMMARY OF PROVISIONS: Section 1 amends section 7-104 of the election law so that only in pres- idential and gubernatorial races will candidates' names appear more than once. Section 2 amends section 7-116 of the election law so the candidates nominated by the party that received the highest number of votes in the previous election appear first, followed by candidates of other parties in descending order. Section 3 amends section 2-104 of the election law to state that each party which nominated a particular candidate in the preceding gubernato- rial election will have the same county committee proportions. Section 4 amends section 6-124 of the election law to state that each party which nominated a particular candidate in the preceding gubernato- rial election will have the same proportions for judicial conventions. Section 5 establishes the effective date as one year after it becomes law and states that it will apply to all elections which occur on or after such date.   JUSTIFICATION: A ballot is possibly the most important interaction between a government and its citizens. Thousands of votes are lost in elections every year because of poorly designed and confusing ballots, and these very often make the crucial difference in determining who wins election. In 2022 alone, there were three state legislative races decided by less than 20 votes. Simple, straightforward ballot design saves votes and evades electoral controversy. Current New York law allows candidate names to appear more than once on the ballot, creating a confusing and convoluted ballot that can be difficult for many to navigate, especially seniors. New York's grid- based design counterintuitively requires voters to potentially select more than one candidate per column. Instead of candidates being listed on the line of each party for which they're nominated, each candidate will only be listed once and have each party for which they're nominated listed with their name. This bill does not do away with New York's system of fusion voting. The bill also does not apply to presidential and gubernatorial races in order to preserve how party ballot order, county committees, and judi- cial convention delegates operate. This bill is solely to streamline state ballots to ensure that voters feel more comfortable navigating the voting process.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law.
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A08178 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8178
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 27, 2023
                                       ___________
 
        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Election Law
 
        AN ACT to amend the election law, in relation to  removing  party  lines
          from ballots for all elections that are not presidential or gubernato-
          rial
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 7-104 of the election law, as  amended  by  chapter
     2  411 of the laws of 2019, is amended to read as follows:
     3    §  7-104.  Ballots;  form  of.  1. All ballots shall be printed and/or
     4  displayed in a format and arrangement, of such uniform size and style as
     5  will fit the ballot, and shall be in  as  plain  and  clear  a  type  or
     6  display as the space will reasonably permit, using only sans serif print
     7  fonts. Such type or display on the ballot shall satisfy all requirements
     8  and standards set forth pursuant to the federal Help America Vote Act.
     9    2.  [The]  For  presidential  and  gubernatorial races for office, the
    10  names of parties or independent bodies which contain more  than  fifteen
    11  letters may, whenever limitations of space so require, be printed on the
    12  ballot in an abbreviated form. In printing the names of candidates whose
    13  full  names  contain more than fifteen letters, only the surname must be
    14  printed in full. The officer or board charged with the duty of  certify-
    15  ing  the candidates for such office shall request each such candidate to
    16  indicate, in writing, the shortened  form  in  which,  subject  to  this
    17  restriction,  his or her name shall be printed. If no such indication is
    18  received from such candidate within the time specified in  the  request,
    19  such officer or board shall make the necessary determination.
    20    3.  (a)  The  party  name or other designation shall be affixed to the
    21  name of each candidate, or, in case of  presidential  electors,  to  the
    22  names of the candidates for president and vice-president of such party.
    23    (b)  [A]  For  presidential  and  gubernatorial  races  for  office, a
    24  column/row designating number may be affixed to the name of each  candi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13003-01-3

        A. 8178                             2
 
     1  date,  or  in  the  case  of  presidential electors, to the names of the
     2  candidates for president and vice-president of such party.
     3    (c) The titles of offices may be arranged horizontally, with the names
     4  of  candidates  for an office and the space, slot or device for write-in
     5  votes for such office arranged vertically under the title of the office,
     6  or the titles of offices may be arranged vertically, with the  names  of
     7  candidates  for  an  office  and  the space, slot or device for write-in
     8  votes for such office arranged horizontally opposite the  title  of  the
     9  office.
    10    (d)  Each office shall occupy as many columns or rows on the ballot as
    11  the number of candidates to be elected to  that  office[,  except  where
    12  candidate  placements  due  to  cross  endorsements  require  additional
    13  columns or rows] and shall be contained within its own  section  of  the
    14  ballot.
    15    4.  (a)  The  names of all candidates nominated [by any party or inde-
    16  pendent body for an office shall always appear  in  the  row  or  column
    17  containing  generally the names of candidates nominated by such party or
    18  independent body for other offices except as hereinafter provided] shall
    19  appear only once per office to be filled at  the  election,  except  for
    20  presidential and gubernatorial races for office.
    21    (b)  [When]  For  presidential and gubernatorial races for office, the
    22  following may apply:
    23    (i) When the same person has been nominated for an office to be filled
    24  at the election by more than one party, the voting machine shall  be  so
    25  adjusted  that  his  or  her  name  shall  appear  in each row or column
    26  containing generally the names of candidates for other offices nominated
    27  by any such party.
    28    [(c)] (ii) If such candidate has also been nominated by  one  or  more
    29  independent  bodies,  his or her name shall appear only in each [row or]
    30  column containing generally the names of candidates  for  other  offices
    31  nominated  by  any such party and the name of each such independent body
    32  shall appear in one such [row or] column to be designated by the  candi-
    33  date  in a writing filed with the officer or board charged with the duty
    34  of certifying the candidates for such office, or if  such  person  shall
    35  fail  to so designate, the names of such independent bodies shall appear
    36  in such [row or] column as such officer or board shall determine.
    37    [(d)] (iii) If any person shall be nominated for  any  office  by  one
    38  party and two or more independent bodies his or her name shall appear on
    39  the  ballot  twice; once in the [row or] column containing generally the
    40  names of candidates for other offices nominated by such party, and  once
    41  in  the  [row  or]  column  containing generally the names of candidates
    42  nominated by the independent body designated by such person in a writing
    43  filed with the officer or board charged with the duty of certifying  the
    44  candidates  for  such  office  and  in  connection with the name of such
    45  person in such [row or] column shall appear the name of each independent
    46  body nominating him or her or, if such person shall fail  to  so  desig-
    47  nate,  the  name  of  such  candidate  and the names of such independent
    48  bodies shall appear in such [row or] column as  such  officer  or  board
    49  shall determine.
    50    [(e)] (iv) If any person is nominated for any office only by more than
    51  one  independent  bodies, his or her name shall appear but once upon the
    52  machine in one such [row or] column to be designated by the candidate in
    53  a writing filed with the officer or  board  charged  with  the  duty  of
    54  providing  ballots,  or  if the candidate shall fail to so designate, in
    55  the place designated by the officer or board charged with  the  duty  of
    56  certifying the candidates for such office, and in connection with his or

        A. 8178                             3
 
     1  her name there shall appear the name of each independent body nominating
     2  him  or her, but, where the capacity of the ballot will permit, the name
     3  of such person shall not appear or be placed in a column [or on a  hori-
     4  zontal  line]  with  the names of persons nominated by a party for other
     5  offices.
     6    5. Notwithstanding the provisions of subdivision four of this section,
     7  the name of a person who is nominated for the  office  of  president  or
     8  governor[, or state senator, or member of assembly,] shall appear on the
     9  ballot as many times as there are parties or independent bodies nominat-
    10  ing  him  or  her, and there shall be a separate voting position at each
    11  place in which such name shall appear.
    12    6. If any type of machine used in any  county  or  city  contains  any
    13  feature  approved  by  the state board of elections, the use of which is
    14  neither required nor prohibited by the provisions of this  chapter,  the
    15  board  of elections may, by resolution, require that one or more of such
    16  features shall be used in such county. Thereafter all machines  of  such
    17  type  used  in  such county or city shall be operated in conformity with
    18  any such resolution. Any such resolution may thereafter be rescinded  by
    19  such  board  and  after being so rescinded may be re-adopted. Once re-a-
    20  dopted by any board of elections, such a resolution may not be rescinded
    21  again by such board.
    22    7. [The] For presidential and  gubernatorial  races  for  office,  the
    23  ballot  shall have printed upon it in black ink for each [party or inde-
    24  pendent row, at the head of the column  or  the  beginning  of  the  row
    25  containing the names of candidates] candidate, the name of the candidate
    26  and  the  name  of  each  party  or independent body and the designating
    27  letter of the row or column.
    28    8. With respect to candidates for the offices of governor and lieuten-
    29  ant governor of a party or independent body, ballots shall be printed so
    30  that the names of such candidates for both offices shall appear  in  the
    31  same  row or column, with the name of the candidate for governor appear-
    32  ing first and the ballot shall be so  adjusted  that  both  offices  are
    33  voted  for  jointly  [and  have  but  one  designating  number  if  such
    34  column/row designating numbers are utilized].
    35    9. In those counties in which ballots are required by federal law,  or
    36  otherwise,  to be provided in a language other than English, there shall
    37  be versions of the ballot printed in English and in each  of  the  addi-
    38  tional  languages  required  so  that  each  version of the ballot shall
    39  contain English and no more than two other languages. The  county  board
    40  of  elections  in  such  counties  shall  instruct, in their poll worker
    41  training and materials, the procedures to be  followed  to  ensure  that
    42  each voter receives a ballot with the appropriate language as determined
    43  by the state board.
    44    10. Each ballot shall contain instructions for marking the ballot. The
    45  instructions shall be printed in line lengths no wider than five inches.
    46  Ballot instructions may be printed on the front or back of the ballot or
    47  on a separate sheet or card. If such instructions are not printed on the
    48  front  of the ballot, there shall be printed on the ballot, in the larg-
    49  est size type practicable, the following legend:  "See  instructions  on
    50  the  other  side"  or  "See  instructions (insert where instructions are
    51  found)", whichever is appropriate.
    52    11. The offices appearing on  all  ballots  shall  be  listed  in  the
    53  customary order.
    54    12.  If  two  or more candidates are nominated for the same office for
    55  different terms, the term for which each is nominated shall  be  printed
    56  as a part of the title of the office.

        A. 8178                             4
 
     1    13.  The  text  for  ballot  instructions  shall  be  substantially as
     2  follows, so that it accurately reflects the ballot layout:
 
     3                                INSTRUCTIONS

     4  Mark  the  (insert  "oval"  or "square") to the left of the name of your
     5  choice. (Provide illustration of correctly-marked voting position here.)
     6  To vote for a candidate whose name is not printed on the ballot, (insert
     7  "mark the oval (or square) to the left of 'write-in' and print the  name
     8  clearly"  or  "print  the  name clearly in the box labeled 'write-in'"),
     9  staying within the box. Any mark or writing outside the spaces  provided
    10  for  voting  may void the entire ballot. The number of choices is listed
    11  for each contest. Do not  mark  the  ballot  for  more  candidates  than
    12  allowed.  If  you  do,  your vote in that contest will not count. If you
    13  make a mistake, or want to change your vote, ask a poll worker for a new
    14  ballot.
    15    14. The state board of elections shall  provide  line  drawing  illus-
    16  trations to supplement these instructions. At a minimum, an illustration
    17  of  the correct way to mark the ballot shall be provided, but nothing in
    18  this section shall be construed to limit the board  in  providing  addi-
    19  tional illustrations.
    20    15.   When   a  question  or  proposal  is  included  on  the  ballot,
    21  instructions substantially like the following shall be included:
 
    22             Instructions for Voting on Questions and Proposals
 
    23  To vote on a question or proposal, mark the (insert "oval" or  "square")
    24  to the (insert "left", "above" or "below") of your choice. If you make a
    25  mistake,  or  want  to  change  your  vote,  ask a poll worker for a new
    26  ballot.
    27    16. When a question or proposal appears on the  back  of  the  ballot,
    28  there shall appear on the front of the ballot words or a symbol indicat-
    29  ing that the voter should turn over the ballot.
    30    17.  The voting oval or square shall be to the left of the name of the
    31  candidate.
    32    18. All text, including the name of  each  candidate  as  provided  in
    33  subdivision  three  of  this  section,  shall  be printed using standard
    34  capitalization in accordance with instructions  provided  by  the  state
    35  board of elections and shall not be printed using all capital letters.
    36    19.  The  ballot  shall  use one font or font family with enough vari-
    37  ations for all text needs.
    38    20. "Vote for one" or "Vote for up to ......" (the blank space  to  be
    39  filled  with  the  number  of  persons to be nominated for the office or
    40  elected to the position), as applicable, shall  be  printed  immediately
    41  below each office title appearing on the ballot.
    42    21. No party emblems shall be printed on the ballot.
    43    22.  The  names  of candidates for the same office shall appear on the
    44  same page and in the same column or columns or row or rows of that  page
    45  of a printed ballot, and may not be separated by a perforation.
    46    23.  All text, including the title of each office and the name of each
    47  candidate, shall be printed flush left and shall not be centered on  the
    48  ballot  or in any column or row appearing on the ballot; provided howev-
    49  er, in a multi-column or multi-row contest,  the  title  and  number  of
    50  allowable selections to be made for each such office may be centered.
    51    24.  If  used,  shading shall be used consistently, so as to differen-
    52  tiate instructions from ballot section dividers and contest information.

        A. 8178                             5
 
     1    25. Above, below, or to the right of the name of each candidate, shall
     2  be printed, in less prominent type face than that in  which  the  candi-
     3  date's  name is printed, the name of [the] each political party or inde-
     4  pendent body by which the candidate was nominated or designated.
     5    26.  All  paper  ballots  of  the same kind for the same polling place
     6  shall be identical.
     7    27. To the extent practicable, the ballot shall also comply  with  the
     8  following specifications:
     9    (a)  The  instructions  in  subdivision  ten  of this section shall be
    10  printed in the upper left hand corner of the front of the ballot;
    11    (b) The name of each candidate shall be printed using a font  size  of
    12  not less than nine points;
    13    (c)  When the instructions are contained on the ballot, there shall be
    14  a clear delineation between the ballot instructions and the first office
    15  or ballot question or proposal through the use of  white  space,  illus-
    16  tration, shading, color, font size, or bold type.
    17    §  2. Section 7-116 of the election law, subdivisions 2, 3, 4 and 6 as
    18  amended by chapter 411 of the laws of 2019, subdivision 3-a as added  by
    19  chapter 143 of the laws of 1996, subdivision 5 as amended by chapter 279
    20  of  the laws of 1992, and subdivision 7 as amended by chapter 231 of the
    21  laws of 2022, is amended to read as follows:
    22    § 7-116. Ballots; order of names on.  1.  In  printing  the  names  of
    23  candidates  on  the  ballot for presidential and gubernatorial races for
    24  office, the candidate or candidates of the party which  polled  for  its
    25  candidate  for the office of governor at the last preceding election for
    26  such office the highest number of votes,  shall  be  the  first  row  or
    27  column  [A  or  one]  and  the  candidates of the other parties shall be
    28  placed on such ballot in descending order of such votes.
    29    2. [The officer or board who or which prepares the ballot shall deter-
    30  mine the order in which shall appear, below the names  of  party  candi-
    31  dates  the  nominations made only by independent bodies. Such officer or
    32  board also shall determine the order in which shall be printed the names
    33  of two or more candidates nominated by one party  or  independent  body,
    34  for  an office to which two or more persons are to be elected; provided,
    35  however, that any such candidate may, by a writing filed with such board
    36  or officer not later than three business days after the  adjournment  of
    37  the  convention or one week after the primary election nominating him or
    38  her, or otherwise not later than two days after the filing of the  peti-
    39  tion  or  certificate  nominating  him or her, demand that such order be
    40  determined by lot, and in that case such order shall be  so  determined,
    41  upon  two  days  notice  by  mail given by such board or officer to each
    42  candidate for such office. The state board of  elections  shall  perform
    43  the  duties  required  by  this subdivision in all cases affecting nomi-
    44  nations filed in its office.
    45    3. The officer or board with whom or which are filed the  designations
    46  for  a  public office or party position shall determine by lot, upon two
    47  days notice by mail given by such board or officer to each candidate for
    48  such office or position and to the  committee,  if  any,  named  in  the
    49  designating  petition,  the order in which shall be printed on the offi-
    50  cial primary ballot, under the title of  the  office  or  position,  the
    51  names  of  candidates  for  public office, the names of candidates for a
    52  party position to which not more than one person is to be  elected,  and
    53  the  groups  of names of candidates for party position where two or more
    54  persons are to be elected thereto and any  petition  designates  two  or
    55  more  persons therefor, provided, however, that whenever groups of names
    56  for more than one party position are designated by  the  same  petition,

        A. 8178                             6

     1  the  order in which they shall be printed on the official primary ballot
     2  shall be determined by a single lot. Candidates for delegate  or  deleg-
     3  ates  and  alternate  delegate or delegates to conventions designated by
     4  the same petition shall, for the purpose of this subdivision, be treated
     5  as  one  group. The names of candidates, if any, for a party position to
     6  which two or more persons are to be elected, who are designated by indi-
     7  vidual petitions and not in a group shall be printed after such group or
     8  groups, in such order between themselves, as such officer or board shall
     9  determine by lot upon the notice  specified  in  this  subdivision.  The
    10  names  within a group of candidates designated for party position by one
    11  petition shall be printed in the same order in which they appear in  the
    12  petition,  unless they appear in a different order on different pages of
    13  the petition, in which case their order within the group shall be deter-
    14  mined by such officer or board by lot upon the notice specified in  this
    15  subdivision. Candidates for members of a state committee designated by a
    16  single  petition shall, for the purposes of this subdivision, be treated
    17  as one group. However, the notice to a committee of the drawing need not
    18  be mailed to more than five members, if there be that many,  and  as  to
    19  offices  or  party  positions  for which designating petitions are filed
    20  with the board of elections of the city of New York the notice shall  be
    21  given to the committees only.
    22    3-a.  The  state board of elections shall prescribe the method, or two
    23  or more alternative  methods,  for  making  the  determinations  by  lot
    24  required  by  subdivisions  two  and  three of this section. Each county
    25  board of elections shall adopt one of such methods at least ninety  days
    26  before any election to which such method shall apply.
    27    4.]  In  printing  the names of candidates on the ballot for all other
    28  elections, the candidate or candidates of the party which   polled   for
    29  its  candidate  for  the  office at the last preceding election for such
    30  office the highest number of votes, shall be the first row or column and
    31  the candidates of the other parties shall be placed on  such  ballot  in
    32  descending order of such votes.
    33    3.  If  a  vacancy  in a designation or nomination be filled after the
    34  making, in the manner provided in this section, of  a  determination  of
    35  the  order  in  which the names of candidates for the office or position
    36  are to be printed, to the extent practicable, the name of the  candidate
    37  designated  or  nominated  to  fill such vacancy shall be printed in the
    38  place so determined for the original candidate.
    39    [5.] 4. The titles of public  offices  shall  appear  on  ballots  for
    40  primary elections in the same consecutive order that they will appear on
    41  the  general  election  ballot.  The titles of the party positions shall
    42  appear in the following  order:  member  of  state  committee,  assembly
    43  district  leader,  associate assembly district leader, members of county
    44  committee in the city of New York, delegate or delegates to conventions,
    45  alternate delegate or delegates to conventions, and  members  of  county
    46  committee  in  counties outside of the city of New York. Where, pursuant
    47  to the rules of the county committee, the  party  position  involved  is
    48  that  of  assembly district leader or associate assembly district leader
    49  for a part of an assembly district, such part shall be so  indicated  in
    50  the title on the ballot.
    51    [6.]  5.  (a)  In  cases  where a name is added to or removed from the
    52  ballot by court order too late to make a complete  adjustment  to  these
    53  requirements  feasible,  the name may be added at the end of the list of
    54  candidates in all election districts, or removed from the ballot in  all
    55  election  districts  without  changing  the previously arranged order of
    56  other names and without invalidating the election. Any inadvertent error

        A. 8178                             7

     1  in the order of names discovered too late to correct the  order  of  the
     2  names on the ballots concerned shall not invalidate an election.
     3    (b)  Except where a contest or candidate is removed from the ballot by
     4  court order too late to make complete  compliance  with  this  paragraph
     5  feasible,  the  title  of  each  public office or party position and the
     6  names of the candidates for such office or  position  appearing  on  any
     7  ballot  used  for  primary  elections  over  which  the  county board of
     8  elections has jurisdiction shall appear on such ballot immediately adja-
     9  cent to one another, either horizontally or  vertically;  and  no  blank
    10  spaces  shall  separate  the names of candidates actually running for an
    11  office or party position on such ballot, and no blank spaces shall sepa-
    12  rate any two such offices or positions which appear on  such  ballot  in
    13  the same column or row.
    14    [7.] 6. Whenever a county board of elections or the board of elections
    15  in  the  city of New York must conduct a primary election in the respec-
    16  tive county or the city of New  York  in  which  separate  contests  for
    17  candidates  of  different  genders for the same party position are to be
    18  printed upon the ballots, and when  rules  require  these  positions  be
    19  listed  separately  on  the  ballot,  the  respective  county  board  of
    20  elections or the board of elections in the city of New York shall deter-
    21  mine by lot the order of the various  gendered  contests.  This  lottery
    22  will  be  conducted  separately  for  each election that is separated by
    23  gender.
    24    § 3. Section 2-104 of the election law, subdivision 1  as  amended  by
    25  chapter  260 of the laws of 2021 and subdivision 2 as amended by chapter
    26  231 of the laws of 2022, is amended to read as follows:
    27    § 2-104. County committee; creation. 1. The county committee  of  each
    28  party  shall  be  constituted  by the election in each election district
    29  within such county of at  least  two  members  and  of  such  additional
    30  members  as  the  rules  of the county committee of the party within the
    31  county or the statement filed  pursuant  hereto  may  provide  for  such
    32  district,  proportional to the [party] vote in the district for governor
    33  at the last preceding gubernatorial election, or in case the  boundaries
    34  of  such  district  have been changed or a new district has been created
    35  since the last preceding gubernatorial  election,  proportional  to  the
    36  [party]  vote  cast  for member of assembly or in the event there was no
    37  election for member of assembly, then  proportional  to  the  number  of
    38  enrolled  voters  of such party in such district on the list of enrolled
    39  voters last published by the board of  elections,  excluding  voters  in
    40  inactive status; provided that each party which nominated such candidate
    41  for  such office shall receive the same proportion. In a county in which
    42  no additional members are provided  for  by  the  rules  of  the  county
    43  committee  or  the  statement  filed pursuant hereto the voting power of
    44  each member shall be in proportion to  such  [party]  vote  or,  if  the
    45  election  district  which  such member represents was created or changed
    46  since the last election for member of  assembly,  proportional  to  such
    47  party  enrollment.  In  a  county  in  which  additional  members are so
    48  provided for, on the basis of the [party] vote or enrollment in election
    49  districts within such county, each member  shall  have  one  vote.  Each
    50  member  of  a  county  committee shall be an enrolled voter of the party
    51  residing in the county and the assembly district from which  or  in  the
    52  assembly  district containing the election district in which such member
    53  is elected except that a member of a county committee who, as  a  result
    54  of  an  alteration  of assembly district lines, no longer resides within
    55  such assembly district may continue to serve for the balance of the term
    56  to which he or she was elected.

        A. 8178                             8
 
     1    2. If such committee or a state convention of the party shall  provide
     2  by  rule  for  representation  by gender on such committee, the rules of
     3  such committee relative to  additional  members,  either  from  election
     4  districts  or  at  large, shall be formulated and applied in such manner
     5  that  the whole membership shall be divided among genders as provided by
     6  the rules of such committee. When any such rule provides for such repre-
     7  sentation, the designating petitions  and  primary  ballots  shall  list
     8  candidates  for  such  party  positions  separately by gender marker. In
     9  providing for such representation, such committee shall establish  rules
    10  that provide for the ability of individuals who do not exclusively iden-
    11  tify  as  a binary gender to serve as members and which respect individ-
    12  uals' gender identity.
    13    3. Notwithstanding the provisions of subdivision one of this  section,
    14  a  county  committee  of a party shall be legally constituted if twenty-
    15  five per centum of the [committeemen] committee members required  to  be
    16  elected  in such county, as provided in subdivision one of this section,
    17  have been elected.
    18    § 4. Section 6-124 of the election law, as amended by chapter  876  of
    19  the laws of 1977, is amended to read as follows:
    20    §  6-124.  Conventions; judicial. A judicial district convention shall
    21  be constituted by the election at the preceding primary of delegates and
    22  alternate delegates, if any, from  each  assembly  district  or,  if  an
    23  assembly  district shall contain all or part of two or more counties and
    24  if the rules of the party shall so provide, separately from the part  of
    25  such  assembly district contained within each such county. The number of
    26  delegates and alternates, if any, shall be determined  by  party  rules,
    27  but  the  number  of delegates shall be substantially in accordance with
    28  the ratio, which the number of votes cast for the [party] candidate  for
    29  the office of governor, [on the line or column of the party] at the last
    30  preceding election for such office, in any unit of representation, bears
    31  to the total vote cast at such election for such candidate [on such line
    32  or column] in the entire state; provided that each party which nominated
    33  such  candidate  for  such office shall receive the same proportion. The
    34  number of alternates from any district shall not exceed  the  number  of
    35  delegates  therefrom.    The delegates certified to have been elected as
    36  such, in the manner provided in  this  chapter,  shall  be  conclusively
    37  entitled  to  their seats, rights and votes as delegates to such conven-
    38  tion. When a duly elected delegate does not attend the  convention,  his
    39  or  her  place  shall  be  taken by one of the alternates, if any, to be
    40  substituted in his or her place, in the order of the  vote  received  by
    41  each  such alternate as such vote appears upon the certified list and if
    42  an equal number of votes were cast for two or more such alternates;  the
    43  order  in which such alternates shall be substituted shall be determined
    44  by lot forthwith upon the convening of the convention.  If  there  shall
    45  have  been no contested election for alternate, substitution shall be in
    46  the order in which the name of such alternate appears upon the certified
    47  list, and if no alternates shall have been elected or if  no  alternates
    48  appear  at  such  convention,  then  the delegates present from the same
    49  district shall elect a person to fill the vacancy.
    50    § 5. This act shall take effect one year after it shall have become  a
    51  law and shall apply to all elections which occur on or after such date.
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