Provides that enrolled party member residing in county and assembly district containing election district of position may file written objections to petition

Title of bill

An act to amend the election law, in relation to eligibility to file written objections to nominations and designations

Purpose/summary of provisions

To permit any enrolled member of a party who resides within a county and Assembly District to file written objections to a designating petition, petition for opportunity to ballot, certificate of acceptance, certificate of declination and certificate of substitution relating to the party position of Member of County committee within the county in which the objector resides.

Amends sec 6-154 (2) of the election law to provide that for the position of Member of County Committee any enrolled member of the party who resides within the county and Assembly District is eligible to file objections.

Existing law

Under existing law, an enrolled member of the party must reside within the same election district as the vacancy of Member of County Committee is for.

Justification

It is extremely burdensome to have individual objectors file for each election district for which County Committee is objected to. The Court of Appeals in 1988 determined that contrary to prior case law, the law requires that objectors must reside within the specific election district (LUCARIELLO V. NIEBEL, 72 NY2d 927, 532 NYS2d 839). The Court indicated that although this may cause administrative problems, the proper recourse is a change in the statute by the Legislature.

Fiscal implications for state and local governments

None.

Effective date

Immediately.