What's happening
This bill removes the requirement for a sworn statement before a notary for election petitions, replacing it with identity verification based on board of elections records.
Why it matters
Reduces barriers for petition signers and witnesses. By eliminating the need for a sworn statement before a notary, the process becomes less cumbersome for individuals collecting or witnessing signatures, making it easier for grassroots campaigns and independent candidates to participate in elections.
Shifts verification responsibility. The bill places the onus on notaries or commissioners of deeds to verify identities using board of elections records, which could standardize and potentially improve the accuracy of identity checks compared to relying on sworn statements alone.
Changes legal accountability and risk. Removing the sworn oath may reduce the risk of perjury charges for signers and witnesses, but it also shifts the legal focus toward the notary’s duty to properly verify identities, which could have implications for how election fraud or errors are prosecuted.
Potential efficiency and accessibility gains. The amendment could streamline the petitioning process, possibly reducing costs and delays associated with notarization, and making it more accessible for people who may have difficulty accessing a notary for a sworn statement.
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Who cares
Headline styles
End Notary For Petition Signatures
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2574
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. STECK -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to removing the requirement of a sworn statement administered by a notary public for purposes of petitions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 6-132 of the election law, as amended by chapter 447 of the laws of 2006, is amended to read as follows:
3. In lieu of the signed statement of a witness who is a duly qualified voter of the state qualified to sign the petition, the following statement signed by a notary public or commissioner of deeds shall be accepted:
On the dates above indicated before me personally came each of the voters whose signatures appear on this petition sheet containing ............. (fill in number) signatures, who signed same in my presence [and who, being by me duly sworn, each for himself or herself, said that the foregoing statement made and subscribed by him or her, was true] after inquiry as to whether the person is the same person that is listed at that address on information provided by the board of elections to the notary public or commissioner of deeds. Date:..................
.............................
(Signature and official title
of officer administering oath)
§ 2. Subdivision 2 of section 6-140 of the election law, as amended by chapter 447 of the laws of 2006, is amended to read as follows:
2. In lieu of the signed statement of a witness who is a duly qualified voter of the state qualified to sign the petition, the following statement signed by a notary public or commissioner of deeds shall be accepted:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07669-01-7
A. 2574 2
On the dates above indicated before me personally came each of the voters whose signatures appear on this petition sheet containing .......... (fill in number) signatures, who signed same in my presence [and who, being by me duly sworn, each for himself or herself, said that the foregoing statement made and subscribed by him or her, was true] after inquiry as to whether the person is the same person that is listed at that address on information provided by the board of elections to the notary public or commissioner of deeds. Date: ......................
................................
(Signature and official title
of officer administering oath)
§ 3. The closing paragraph of subdivision 1 of section 6-204 of the election law, as amended by chapter 447 of the laws of 2006, is amended to read as follows:
In lieu of the signed statement of a witness who is a duly qualified voter of the state qualified to sign the petition, the following statement signed by a notary public shall be accepted:
On the dates above indicated before me personally came each of the voters whose signatures appear on this petition sheet containing ............. (fill in number) signatures, who signed same in my presence [and who, being by me duly sworn, each for himself or herself, said that the foregoing statement made and subscribed by him or her, was true] after inquiry as to whether the person is the same person that is listed at that address on information provided by the board of elections to the notary public or commissioner of deeds. Date..................
...............................
(Signature and official title
of officer administering oath)
Page No........
§ 4. Subdivision 2 of section 6-206 of the election law, as amended by chapter 447 of the laws of 2006, is amended to read as follows:
2. In lieu of the signed statement of a witness who is a duly qualified voter of the state qualified to sign the petition, the following statement signed by a notary public shall be accepted:
On the dates above indicated before me personally came each of the voters whose signatures appear on this petition sheet containing ............. (fill in number) signatures, who signed same in my presence [and who, being by me duly sworn, each for himself or herself, said that the foregoing statement made and subscribed by him or her, was true] after inquiry as to whether the person is the same person that is listed at that address on information provided by the board of elections to the notary public or commissioner of deeds.
Date:..................
...............................
(Signature and official title
of officer administering oath)
Page No........
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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