Provides for a "None of the Above" option on ballots in certain uncontested elections

BILL NUMBER:S5051A

Title of bill

An act to amend the election law, in relation to providing a "None of the Above" option on ballots in certain uncontested elections

Purpose or general idea of bill

The purpose of the bill is to provide for a "None of the Above" option on ballots in certain uncontested elections.

Summary of provisions

Section 1 of the bill amends subdivision 2-a of section 7-116 of the election law to require that in every uncontested statewide, senate or assembly election, the officer or board who prepares the ballot shall provide an option that a voter may select that reads: NONE OF THE ABOVE.

In addition, this section specifies that only votes cast for the named candidate shall be counted in determining the nomination or election to any office, However, the number of ballots on which "NONE OF THE ABOVE" was chosen shall be listed following the name of the candidate and the number of votes for each office in every posting, abstract and proclamation of the results.

Section 2 provides that this act shall take effect immediately.

Justification

In 1975, Nevada became the first state to offer a "none of these candidates" (also referred to as a "none of the above") line on their electoral ballots. The non-binding ballot line was intended to provide voters who did not support the candidates at hand with an alternative. Rather than feel forced to cast their vote for a candidate they do not support, or choose not to vote at all, the "none of the above" ballot line has given voters the option to cast a protest vote, while encouraging continued participation in the electoral process.

This bill would make New York the second state to implement a 'protest vote' option.

Prior legislative history

None.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.