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S01421 Summary:

BILL NOS01421
 
SAME ASSAME AS A03422
 
SPONSORAVELLA
 
COSPNSR
 
MLTSPNSR
 
Amd §§6-132, 6-140, 6-204, 6-206 & 15-108, El L
 
Relates to designating and nominating petitions for state, local and village elections.
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S01421 Actions:

BILL NOS01421
 
01/09/2017REFERRED TO ELECTIONS
06/21/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/21/2017ORDERED TO THIRD READING CAL.2114
06/21/2017SUBSTITUTED BY A3422
 A03422 AMEND= Galef
 01/27/2017referred to election law
 02/14/2017reported
 02/23/2017advanced to third reading cal.78
 03/29/2017passed assembly
 03/29/2017delivered to senate
 03/29/2017REFERRED TO ELECTIONS
 06/21/2017SUBSTITUTED FOR S1421
 06/21/20173RD READING CAL.2114
 06/21/2017PASSED SENATE
 06/21/2017RETURNED TO ASSEMBLY
 08/09/2017delivered to governor
 08/21/2017signed chap.176
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S01421 Committee Votes:

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S01421 Floor Votes:

There are no votes for this bill in this legislative session.
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S01421 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1421
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
 
        AN ACT to amend the election law, in relation to designating  and  nomi-
          nating petitions
 
          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 6-132  of  the  election  law,  as
     2  amended  by  chapter  235  of  the  laws  of 2000, is amended to read as
     3  follows:
     4    1. Each sheet of a designating petition shall be  signed  in  ink  and
     5  shall  contain  the  following information and shall be in substantially
     6  the following form:
     7    I, the undersigned, do hereby state that I am a duly enrolled voter of
     8  the.................... party and entitled to vote at the  next  primary
     9  election  of  such  party,  to be held on..............., 20...; that my
    10  place of residence is truly stated opposite my signature hereto,  and  I
    11  do  hereby designate the following named person (or persons) as a candi-
    12  date (or candidates) for the nomination of such party for public  office
    13  or for election to a party position of such party.
    14                     Public Office
    15                     or party position         Place of Residence
    16   Names of          (include district number, (also post office address,
    17   candidates        if applicable)            if not identical)
    18   ............      ................          .........................
    19   ............      ................          .........................
    20    I  do  hereby appoint .............................. (insert the names
    21  and addresses of at least three persons, all of whom shall  be  enrolled
    22  voters  of  said  party)  as a committee to fill vacancies in accordance
    23  with the provisions of the election law.
    24    In witness whereof, I have hereunto set my  hand,  the  day  and  year
    25  placed opposite my signature.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01274-01-7

        S. 1421                             2
 
     1   Date              Name of Signer            Residence
     2   ............      ..............            .........................
     3   ............      ..............            .........................
     4                                                 Town or city (except
     5                                                 in the city of New
     6                                                 York, the county)
     7                                                 ..................
     8                                                 ..................
     9    §  2.  Paragraph  a  of subdivision 1 of section 6-140 of the election
    10  law, as amended by chapter 235 of the laws of 2000, is amended  to  read
    11  as follows:
    12    a. Each sheet of an independent nominating petition shall be signed in
    13  ink,  shall  contain  the following information and shall be in substan-
    14  tially the following form:
    15    I, the undersigned, do hereby state that I am a  registered  voter  of
    16  the  political  unit  for which a nomination for public office is hereby
    17  being made, that my present place of residence is truly stated  opposite
    18  my  signature  hereto, and that I do hereby nominate the following named
    19  person (or persons) as a candidate (or as candidates)  for  election  to
    20  public  office (or public offices) to be voted for at the election to be
    21  held on the ............ day of ................,  20....,  and  that  I
    22  select  the name ............................ (fill in name) as the name
    23  of the independent body  making  the  nomination  (or  nominations)  and
    24  ................ (fill in emblem) as the emblem of such body.

    25                      Public                 Place of residence
    26                      Office                 (also post office
    27   Name of            (include district       address
    28   Candidate          number, if applicable) if not identical)
    29   ..........         .................      ..........................
    30   ..........         .................      ..........................
    31  I do hereby appoint ............................. (here insert the names
    32  and addresses of at least three persons, all of whom shall be registered
    33  voters  within such political unit), as a committee to fill vacancies in
    34  accordance with the provisions of the election law.
    35    In witness whereof, I have hereunto set my  hand,  the  day  and  year
    36  placed opposite my signature.
 
    37   Date              Name of Signer            Residence
    38   ......            ................          .......................
    39   ......            ................          .......................
    40                                               Town or city (except
    41                                               in the city of New
    42                                               York, the county)
                                                     .......................
                                                     .......................
 
    43    § 3. Subdivision 1 of section 6-204 of the election law, as amended by
    44  chapter 447 of the laws of 2006, is amended to read as follows:
    45    1.  Party designations for elective village offices shall be made on a
    46  designating petition containing the signatures in ink  of  residents  of
    47  the village who are registered to vote with the appropriate county board
    48  of  elections  at the time of signing and who are enrolled in such poli-
    49  tical party. The sheets of such a petition shall be numbered.  A  signer
    50  need not himself or herself fill in the date or residence. Each sheet of

        S. 1421                             3
 
     1  such  petition  must  be  in  substantially the following form and shall
     2  contain all the information required therein:
 
     3                         PARTY DESIGNATING PETITION
 
     4    I, the undersigned do hereby state that I am a registered voter of the
     5  Village  of ............. and a duly enrolled voter of the .............
     6  party and entitled to vote at the next primary election of  such  party,
     7  that my place of residence is truly stated opposite my signature hereto,
     8  and  I  hereby  designate  the  following named person (or persons) as a
     9  candidate or (candidates) for nomination of such party  for  the  public
    10  office or (public offices) to be voted for at the primary election to be
    11  held on the ...... day of ............ 20.... as hereinafter specified.
 
    12                            Public Office
    13                            (include district
    14                            number,
    15      Name of Candidate     if applicable)      Term          Residence
 
    16    ....................  .................   ..........    ............
    17    ....................  .................   ..........    ............
 
    18    I  do  hereby  appoint  (insert  names and addresses of at least three
    19  persons, all of whom shall be  enrolled  voters  of  said  party)  as  a
    20  committee  to  fill  vacancies  in accordance with the provisions of the
    21  election law.
    22    In witness whereof, I have hereunto set my  hand,  the  day  and  year
    23  placed opposite my signature.
 
    24      Date             Name            Residence
 
    25     .............   .............   ...............
    26     .............   .............   ...............
 
    27                            STATEMENT OF WITNESS
 
    28    I ............... (name of witness) state: I am a duly qualified voter
    29  of  the State of New York; and an enrolled voter of the .........  party
    30  and now reside in the Village of ......... County of .........  State of
    31  New York at  ............  (residence  address)  therein.  Each  of  the
    32  persons  whose  names  are  subscribed to this petition sheet containing
    33  ......... signatures, subscribed his or her name in my presence.
    34    I understand that this statement will be accepted for all purposes  as
    35  the  equivalent  of  an  affidavit  and, if it contains a material false
    36  statement, shall subject me to the same penalties as if I had been  duly
    37  sworn.
 
    38     ........................        .................................
    39        Date                                  Signature of witness
 
    40    In  lieu  of the signed statement of a witness who is a duly qualified
    41  voter of the state qualified to sign the petition, the following  state-
    42  ment signed by a notary public shall be accepted:
    43    On  the  dates  above  indicated before me personally came each of the
    44  voters  whose  signatures  appear  on  this  petition  sheet  containing
    45  ............. (fill  in  number) signatures, who signed same in my pres-

        S. 1421                             4
 
     1  ence and who, being by me duly sworn, each for himself or herself,  said
     2  that  the  foregoing  statement  made  and subscribed by him or her, was
     3  true.
     4  Date..................
 
     5                       ...............................
     6                       (Signature and official title
     7                       of officer administering oath)
 
     8      Page No........
 
     9    § 4. Subdivision 1 of section 6-206 of the election law, as amended by
    10  chapter 447 of the laws of 2006, is amended to read as follows:
    11    1.  Independent nominations for elective village offices shall be made
    12  by a petition containing the signatures  in  ink  of  residents  of  the
    13  village  who  are  registered  with  the  appropriate  county  board  of
    14  elections at the time of signing. The sheets of such a petition shall be
    15  numbered. A signer need not himself or herself fill in the date or resi-
    16  dence. Each sheet of such petition must be in substantially the  follow-
    17  ing form and shall contain all the information required therein:

    18                   VILLAGE INDEPENDENT NOMINATING PETITION
 
    19    I,  the  undersigned,  do hereby state that I am a registered voter of
    20  the Village of......., that my present place of residence is truly stat-
    21  ed opposite my signature, and I do hereby nominate the  following  named
    22  person  (or  persons)  as a candidate (or as candidates) for election to
    23  public office (or public offices) to be voted for at the election to  be
    24  held   on   the.....day  of........, 20.....,  and  that  I  select  the
    25  name........... (fill in name) as  the  name  of  the  independent  body
    26  making  the  nomination (or nominations) and.....(fill in emblem) as the
    27  emblem of such body.
    28       Name of
    29      Candidate           Public Office           Term        Residence
    30                          (include district 
    31                          number, if applicable)
    32     .............      ....................      ....      ...............
    33     .............      ....................      ....      ...............
 
    34    I do hereby appoint (insert names and  addresses  of  at  least  three
    35  persons,  all of whom shall be registered voters within such village) as
    36  a committee to fill vacancies in accordance with the provisions  of  the
    37  election law.
    38    In  witness  whereof,  I have signed this petition on the day and year
    39  stated before my signature.
    40      Date          Signature           Residence
    41    ..........    .................   ...................
    42    ..........    .................   ...................
 
    43                            STATEMENT OF WITNESS
 
    44    I, ..................... state that I am a duly  qualified  voter  and
    45  now  reside at ...................... (residence address) in the Village
    46  of  ................  in  the  State  of  New  York  in  the  County  of
    47  ................. . Each  of  the  voters  whose names are subscribed to

        S. 1421                             5
 
     1  this petition sheet containing ................ (fill in number)  signa-
     2  tures, subscribed his or her name in my presence.
     3    I  understand that this statement will be accepted for all purposes as
     4  the equivalent of an affidavit and, if  it  contains  a  material  false
     5  statement,  shall subject me to the same penalties as if I had been duly
     6  sworn.
     7   .......................           ..............................
     8      Date                               Signature of witness
 
     9    § 5. Paragraph a of subdivision 3 and subdivision 4 of section  15-108
    10  of  the election law, as amended by chapter 447 of the laws of 2006, are
    11  amended to read as follows:
    12    a. Party designations for elective village offices shall be made on  a
    13  designating  petition  containing  the signatures in ink of residents of
    14  the village who are registered to vote with the appropriate county board
    15  of elections at the time of signing and who are enrolled in  such  poli-
    16  tical party. The sheets of such a petition shall be numbered. Such peti-
    17  tion  must  set  forth in each instance the correct date of signing, the
    18  name of the signer, and his or her present address, and may set forth  a
    19  committee  to  fill  vacancies  consisting  of  at least three qualified
    20  voters of the village enrolled in such party and their residence  within
    21  the  village.  A  signer need not himself or herself fill in the date or
    22  residence. Each sheet of such petition  must  be  in  substantially  the
    23  following form and shall contain all the information required therein:

    24                         PARTY DESIGNATING PETITION
 
    25    I, the undersigned do hereby state that I am a registered voter of the
    26  Village  of ...... and  a  duly enrolled voter of the ........ party and
    27  entitled to vote at the next primary election of  such  party,  that  my
    28  place  of  residence is truly stated opposite my signature hereto, and I
    29  hereby designate the following named person (or persons) as a  candidate
    30  (or  candidates)  for nomination of such party for the public office (or
    31  public offices) to be voted for at the primary election to  be  held  on
    32  the ...... day of ........... 20.... as hereinafter specified.
 
    33                            Public Office
    34                            (include district
    35                            number, if
    36      Name of Candidate     applicable)        Term       Residence

    37    ....................  .................   .......   ...............
    38    ....................  .................   .......   ...............
 
    39    I  do  hereby  appoint  (insert  names and addresses of at least three
    40  persons, all of whom shall be  enrolled  voters  of  said  party)  as  a
    41  committee  to  fill  vacancies  in accordance with the provisions of the
    42  election law.
    43    IN WITNESS WHEREOF, I have hereunto set my  hand,  the  day  and  year
    44  placed opposite my signature.
 
    45      Date             Name            Residence
 
    46    .............    .............   ...............
    47    .............    .............   ...............

        S. 1421                             6
 
     1                            STATEMENT OF WITNESS
 
     2    I ............... (name of witness) state: I am a duly qualified voter
     3  of  the  State of New York; and an enrolled voter of the ......... party
     4  and now reside in the Village of ......... County of ......... State  of
     5  New  York  at ............ (residence  address)  therein.    Each of the
     6  persons  whose   names   are   subscribed   to   this   petition   sheet
     7  containing ......... signatures,  subscribed his or her name in my pres-
     8  ence.
     9    I understand that this statement will be accepted for all purposes  as
    10  the  equivalent  of  an  affidavit  and, if it contains a material false
    11  statement, shall subject me to the same penalties as if I had been  duly
    12  sworn.
    13    .......................                   ...........................
    14        Date                                  Signature of Witness
    15                             page no. .........
 
    16    4.  Independent nominations for elective village offices shall be made
    17  by a petition containing the signatures  in  ink  of  residents  of  the
    18  village  who  are  registered  with  the  appropriate  county  board  of
    19  elections at the time of signing or who are residents of the village who
    20  were on the list of registered voters for the last village  election  in
    21  such  village.  The  sheets  of  such a petition shall be numbered. Such
    22  petition must set forth in each instance the correct  date  of  signing,
    23  the name of the signer and his or her present address, and may set forth
    24  a committee to fill vacancies consisting of at least three persons qual-
    25  ified  to  vote  in  the village election and their residence within the
    26  village. A signer need not himself or herself fill in the date or  resi-
    27  dence.  Each sheet of such petition must be in substantially the follow-
    28  ing form and shall contain all the information required  therein  except
    29  as may otherwise be permitted by law.
 
    30                   VILLAGE INDEPENDENT NOMINATING PETITION
 
    31    I,  the  undersigned,  do hereby state that I am a registered voter of
    32  the Village of .........., that my present place of residence  is  truly
    33  stated  opposite  my  signature,  and I do hereby nominate the following
    34  named person (or persons) as a candidate (or as candidates) for election
    35  to public office (or public offices) to be voted for at the election  to
    36  be  held  on  the ..... day  of ........, 20....., and that I select the
    37  name .............. (fill in name) as the name of the  independent  body
    38  making the nomination (or nominations) and ..... (fill in emblem) as the
    39  emblem of such body.
    40                            Public Office
    41                            (include district
    42                            number, if
    43      Name of Candidate     applicable)         Term        Residence
 
    44    ....................  .................   ........    .................
    45    ....................  .................   ........    .................
 
    46  I do hereby appoint _ _ _ _
    47          Name                            Residence
 
    48    .............................   .................................
    49    .............................   .................................

        S. 1421                             7
 
     1  as  a  committee  to fill vacancies in accordance with the provisions of
     2  the election law.
     3    IN  WITNESS  WHEREOF,  I have signed this petition on the day and year
     4  stated before my signature.
 
     5      Date             Signature          Residence
     6    .............    .................  ...............
     7    .............    .................  ...............
 
     8                            STATEMENT OF WITNESS
 
     9    I, ............... state that I am a  duly  qualified  voter  and  now
    10  reside    at ............. (residence    address)    in    the   Village
    11  of ........... in the State of New York in the County of ........ . Each
    12  of the voters  whose  names  are  subscribed  to  this  petition  sheet,
    13  containing ........ (fill  in  number) signatures, subscribed his or her
    14  name in my presence.
    15    I understand that this statement will be accepted for all purposes  as
    16  the  equivalent  of  an  affidavit  and, if it contains a material false
    17  statement, shall subject me to the same penalties as if I had been  duly
    18  sworn.
 
    19    Date ....................        ...........................
    20                                        Signature of Witness
 
    21    § 6. This act shall take effect immediately.
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