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Sponsors
Senator · Senate District 59
1 Co-sponsor
History
- Referred to elections
- 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.
Relates to nominating and designating petitions and certificates
In Assembly Committee · Election Law · Sponsor Brian Kavanagh
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 nominating and designating 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
Amends Section 6-158 of the election law. Subdivision 2 is amended to provide that "a candidate who files such 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."
Existing law
A certification of declination can only be filed within four days after the final day to file such a designation.
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 a 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.
Legislative history
2013-14 S.94/A.111 Referred to Elections/Referred to Election Law 2011-12 S.4827-A/A.10789 Passed Senate/Referred to Election Law
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.