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.
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.
