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S1366Senate2009-2010 SessionSame asA4959

Reestablishes the sole qualification for a witness to an independent nominating petition as a qualified voter of the state of New York

Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Sponsors

History

  1. Signed chap.246
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.235
  6. Substituted for A4959
  7. Referred to election law
  8. Delivered to assembly
  9. Passed senateVote 59–1
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.36
Show 1 earlier action
  1. Referred to elections

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4959Assembly

Reestablishes the sole qualification for a witness to an independent nominating petition as a qualified voter of the state of New York

Assembly Floor Calendar · Sponsor Vito Lopez

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the election law, in relation to independent nominating petitions

Purpose

This bill would remove unconstitutional language from the independent nominating petition contained in section 6-140 of the election law.

Summary of provisions

The bill amends the independent nominating petition contained in section 6-140 of the election law by striking the language, "I am also duly qualified to sign the petition" from the statute.

Justification

This bill brings the independent nominating petition contained in section 6-140 of the election law into conformance with several court decisions that declared language contained therein unconstitutional. In McGuire v. Gamache, et al and Lerman v. Board of Elections in the City of New York, both the New York Court of Appeals and the federal Second Circuit Court of Appeals declared the residency requirement contained in the statute unconstitutional. Specifically, the portion of the statute requiring a subscribing witness to be a resident of the political subdivision for which the petition is being circulated has been declared unconstitutional. Both courts noted that people who wish to sign independent nominating petitions need only be residents of the State of New York. As such, this language is no longer necessary and only serves to confuse witnesses to these petitions as well as the candidates who circulate them.

Legislative history

2007/08 - S.1498 referred to elections 2007/08 - A.6725 referred to election law 2005/06 - A.10819 referred to election law

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.