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A02230 Summary:

BILL NOA02230
 
SAME ASNo Same As
 
SPONSORSimon
 
COSPNSRShimsky
 
MLTSPNSR
 
Amd §6-158, El L
 
Provides that a candidate who files a certificate of acceptance for an office for which there have been filed certificates or petitions designating more than one candidate for the nomination of any party, may thereafter file a certificate of declination not later than the seventh day after the primary election.
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A02230 Actions:

BILL NOA02230
 
01/15/2025referred to election law
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A02230 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2230
 
SPONSOR: Simon
  TITLE OF BILL: An act to amend the election law, in relation to nominating and desig- nating petitions and certificates   PURPOSE: To allow a candidate seeking to fill an office position in a general. election the opportunity to decline a party designation upon conclusion of the primary election.   SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision 2 of Section 6-158 of the election law, as amended by chapter 434 of the laws of 1984, to permit candidates who file certificates of acceptance for an office to subse- quently file a certificate of declination, so long as they do so not later than the seventh day after the applicable primary election. Section 2 of the bill sets forth the effective date.   JUSTIFICATION: Currently, a candidate for an office to be filled at the time of a general election has the ability to decline an independent nomination after the primary election. No similar provision exists,for a candidate to decline a party designation after the primary election. As a result of this designated candidates who lost a party primary are forced to remain on the ballot, regardless of whether they have opted to end campaigning efforts or have endorsed another candidate. The presence of a candidate on the ballot who has already resigned from the race serves no other purpose than to siphon off votes from earnest candidates. The lack of such a provision has also encouraged the practice of using Supreme Court nominations to create a vacancy after a primary election. Something as important as a judicial nomination should not be used as a tool to remove a candidate who no longer wishes to run from a ballot. This bill would make this practice unnecessary.   FISCAL IMPACT ON THE STATE: None   FISCAL IMPACT ON LOCALITIES: None   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None   IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: None   LEGISLATIVE HISTORY: 2023-2024: A6711 Simon -referred to election law 2021-2022: A2052 Simon -referred to election law 2020: A1400(Simon) - Election Law 2019: A1400(Simon)- Election Law 2018: A09761 (Simon)- Election Law   EFFECTIVE DATE: This act shall take effect immediately
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A02230 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2230
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by  M. of A. SIMON, SHIMSKY -- read once and referred to the
          Committee on Election Law
 
        AN ACT to amend the election law, in relation to nominating  and  desig-
          nating petitions and certificates
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 6-158  of  the  election  law,  as
     2  amended  by  chapter  434  of  the  laws  of 1984, is amended to read as
     3  follows:
     4    2. A certificate of acceptance or declination of a  designation  shall
     5  be  filed  not later than the fourth day after the last day to file such
     6  designation, except that a candidate who files  such  a  certificate  of
     7  acceptance for an office for which there have been filed certificates or
     8  petitions  designating more than one candidate for the nomination of any
     9  party, may thereafter file a certificate of declination not  later  than
    10  the seventh day after the primary election.
    11    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04720-01-5
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