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A08392 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    December 13, 2023
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Election Law
        AN  ACT  to  amend  the  election  law, in relation to the removal of an
          insurrectionist from the presidential ballot
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 4-110 of the election law, as amended by chapter 5
     2  of the laws of 2019, is amended  to read as follows:
     3    § 4-110. Certification of primary election candidates; state board  of
     4  elections.  1.  The  state board of elections, not later than fifty-five
     5  days before a primary election, shall certify to each  county  board  of
     6  elections:  The  name  and  residence  of each candidate to be voted for
     7  within the political subdivision of such board for  whom  a  designation
     8  has been filed with the state board; the title of the office or position
     9  for  which the candidate is designated; the name of the party upon whose
    10  primary ballot his or her name is to be placed; and the order  in  which
    11  the names of the candidates are to be printed as determined by the state
    12  board.  Where  an  office or position is uncontested, such certification
    13  shall state such fact.
    14    2. Notwithstanding subdivision one of this section,  a  candidate  for
    15  whom  a designation has been filed who has been found by the state board
    16  of elections to have engaged in insurrection or  rebellion  against  the
    17  United States, or given aid or comfort to the enemies thereof, shall not
    18  be  so  certified,  unless the United States Congress, by a vote of two-
    19  thirds of each house, has removed such disability. For purposes of  such
    20  determination,  where  the state board of elections is unable to reach a
    21  finding, the question shall, within twenty-four hours,  be  referred  to
    22  the  office of the attorney general by the co-executive directors of the
    23  state board of elections for a formal opinion, which, absent a  contrary
    24  order  by  a court of competent jurisdiction, shall be conclusive of the
    25  inquiry.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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