STATE OF NEW YORK
________________________________________________________________________
8311
2015-2016 Regular Sessions
IN ASSEMBLY
June 19, 2015
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Election Law
AN ACT to amend a chapter of the laws of 2015, amending the election law
relating to conducting the presidential primary, as proposed in legis-
lative bill number S.5958, in relation to providing for the election
of delegates to a national party convention or a national party
conference in 2016
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2 and 7 of section 2-122-a of the election
2 law, as amended by section 3 of a chapter of the laws of 2015, amending
3 the election law relating to conducting the presidential primary, as
4 proposed in legislative bill number S.5958, are amended to read as
5 follows:
6 2. If the rules of a state committee adopted pursuant to the
7 provisions of this section provide for a primary election in which the
8 office of president of the United States appears on the ballot, desig-
9 nation of candidates for such office shall be made pursuant to the
10 provisions of sections 6-100, 6-118, 6-122 (except that such candidates
11 need not be citizens of New York but only citizens of the United
12 States), 6-130, 6-132 (except that references to a committee to fill
13 vacancies shall be deemed references to a committee to receive notices),
14 6-134, 6-144, the provisions with respect to declinations in subdivi-
15 sions one and two of section 6-146 (except that references to a commit-
16 tee to fill vacancies shall be deemed references to a committee to
17 receive notices), 6-154, and subdivision one and the provision with
18 respect to declinations in subdivision two of section 6-158 (except that
19 such candidates may decline such designations not later than February
20 [sixteenth] eighth, two thousand sixteen) of this chapter. The state
21 board of elections shall forthwith notify the appropriate county boards
22 of elections of any such declination filed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11723-01-5
A. 8311 2
1 7. a. The rules of a state committee adopted pursuant to the
2 provisions of this section may provide that no candidate for the posi-
3 tions of delegate and alternate delegate may appear on the ballot as
4 pledged to support a particular presidential candidate, or as uncommit-
5 ted, unless the name of such candidate for such position appears on a
6 certificate listing the names of those candidates for such positions who
7 have filed statements of candidacy for such positions with the secretary
8 of the state committee within the time prescribed by such rules and who,
9 if their statements of candidacy contained a pledge of support of a
10 presidential candidate, were not rejected by such presidential candi-
11 date. Such certificate shall also list the address and sex of each such
12 candidate for delegate and alternate delegate and the district in which
13 such candidate may appear on the ballot.
14 b. Such certificate shall be filed by the secretary of such state
15 committee, with the board of elections with which the designating
16 petitions for such candidates for such positions are required to be
17 filed, not later than February [twenty-third] sixteenth, two thousand
18 sixteen.
19 c. In the event that a designating petition for candidates for such
20 positions, listed as pledged to support a presidential candidate,
21 contains the names of one or more persons who have not been permitted by
22 such presidential candidate to appear on the ballot as so pledged pursu-
23 ant to the provisions of this section, then the names of such candidates
24 shall not appear on the ballot but the names of other candidates on such
25 petition who have been permitted by the presidential candidate to appear
26 on the ballot shall be placed on the ballot provided that such candi-
27 dates are otherwise eligible and that such petition is otherwise valid.
28 d. The state board of elections shall send a copy of the certificate
29 required by section 4-110 of this chapter to the secretary of the state
30 committee of each party conducting a primary pursuant to the provisions
31 of this section not later than [March third] February twenty-fifth, two
32 thousand sixteen. Every other board of elections with which designating
33 petitions for delegate and alternate delegate were filed pursuant to the
34 provisions of this section shall, not later than [March fourth] February
35 twenty-sixth, two thousand sixteen, send a list of the names and
36 addresses of those candidates who will appear on the ballot to the
37 secretary of each such state committee.
38 § 2. This act shall take effect on the same date and the in the same
39 manner as a chapter of the laws of 2015, amending the election law
40 relating to conducting the presidential primary, as proposed in legisla-
41 tive bill number S.5958, takes effect.
