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A567Assembly2017-2018 SessionSame asS218

Tighten Petition Witness Rules

Official title

“Relates to requirements of a witness to a designating petition or independent nominating petition”

Status
Signed by Governor
Impact
4/10
Low
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill changes requirements for witnesses of election petitions, removing locality restrictions and prohibiting them from signing for multiple candidates for the same office.

Why it matters

  1. Removes local residency requirements for petition witnesses. , allowing any qualified voter in New York State (meeting party enrollment rules where applicable) to witness a petition, regardless of where they live within the state or county. This could make it easier for campaigns to gather valid signatures, especially in areas with few eligible witnesses.

  2. Prevents witnesses from signing for multiple candidates for the same office. , closing a potential loophole and making it more difficult for individuals to support several competing candidates for a single office. This may help reduce confusion, conflicting interests, or manipulation in the petition process.

  3. Standardizes and simplifies witness information requirements. , emphasizing the witness’s New York State voter qualification and current address rather than their specific locality. This could reduce clerical errors and challenges to petitions based on witness residency technicalities.

  4. Potentially increases access and participation. , especially for new or minor party candidates or those running in small jurisdictions, by making it easier to find eligible witnesses and gather enough signatures to qualify for the ballot. This could have downstream effects on electoral competition and diversity of candidates.

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Who cares

Headline styles

Tighten Petition Witness Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Abinanti

Assembly Member · Assembly District 92

History

  1. Signed chap.106
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 60–0
  5. Referred to elections
  6. 3rd reading cal.310
  7. Substituted for S218
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.25
  11. Reported
  12. Referred to election law

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.

S218Senate

Tighten Petition Witness Rules

Senate Floor Calendar · Sponsor Kathleen A. Marchione

Impact 4 · Low0% to pass

Full text

7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

567

2017-2018 Regular Sessions

IN ASSEMBLY

January 9, 2017

Introduced by M. of A. ABINANTI, PAULIN, BRAUNSTEIN, WEPRIN, JAFFEE, HOOPER, BUCHWALD -- Multi-Sponsored by -- M. of A. GUNTHER, WALKER -read once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation to requirements of witnesses to a designating petition or independent nominating petition

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivisions 2 and 3 of section 6-132 of the election law, as amended by chapter 447 of the laws of 2006, are amended to read as follows:

2. There shall be appended at the bottom of each sheet a signed statement of a witness who is a duly qualified voter of the state [and], who is an enrolled voter of the same political party as the voters qualified to sign the petition[, and who is also a resident of the political subdivision in which the office or position is to be voted for. However, in the case of a petition for election to the party position of member of the county committee, residence in the same county shall be sufficient] and who has not previously signed a petition for another candidate for the same office. Such a statement shall be accepted for all purposes as the equivalent of an affidavit, and if it contains a material false statement, shall subject the person signing it to the same penalties as if he or she had been duly sworn. The form of such statement shall be substantially as follows:

STATEMENT OF WITNESS

I,..................... (name of witness) state: I am a duly qualified voter of the State of New York and am an enrolled voter of the....................... party. I now reside at.................... (residence address).

Each of the individuals whose names are subscribed to this petition sheet containing................. (fill in number) signatures, subscribed the same in my presence on the dates above indicated and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03286-01-7

A. 567 2

identified himself or herself to be the individual who signed this sheet.

I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn.

Date:....................... ..........................

Signature of Witness

Witness identification information: The following information must be completed prior to filing with the board of elections in order for this petition sheet to be valid.

Town or City County

............ ........

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. Date:..................

.............................

(Signature and official title

of officer administering oath)

§ 2. Paragraph b of subdivision 1 and subdivision 2 of section 6-140 of the election law, paragraph b of subdivision 1 as amended by chapter 246 of the laws of 2009 and subdivision 2 as amended by chapter 447 of the laws of 2006, is amended to read as follows:

b. There shall be appended at the bottom of each sheet a signed statement of a witness who is a duly qualified voter of the state and who has not previously signed a petition for another candidate for the same office. Such a statement shall be accepted for all purposes as the equivalent of an affidavit, and if it contains a material false statement, shall subject the person signing it to the same penalties as if he or she had been duly sworn. The form of such statement shall be substantially as follows:

STATEMENT OF WITNESS

I, ...................... (name of witness) state: I am a duly qualified voter of the State of New York and now reside at ........................................ (residence address).

Each of the individuals whose names are subscribed to this petition sheet containing ........ (fill in number) signatures, subscribed the same in my presence on the dates above indicated and identified himself or herself to be the individual who signed this sheet.

I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn. Date: ................ .........................

A. 567 3

Signature of Witness

Witness identification information:

The following information must be completed prior to filing with the board of elections in order for this petition sheet to be valid.

Town or City County

............... .........

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:

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. Date: ......................

................................

(Signature and official title

of officer administering oath)

§ 3. 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:

1. Party designations for elective village offices shall be made on a designating petition containing the signatures in ink of residents of the village who are registered to vote with the appropriate county board of elections at the time of signing and who are enrolled in such political party. The sheets of such a petition shall be numbered. A signer need not himself or herself fill in the date or residence. Each sheet of such petition must be in substantially the following form and shall contain all the information required therein:

PARTY DESIGNATING PETITION

I, the undersigned do hereby state that I am a registered voter of the Village of ............. and a duly enrolled voter of the ............. party and entitled to vote at the next primary election of such party, that my place of residence is truly stated opposite my signature hereto, and I hereby designate the following named person (or persons) as a candidate or (candidates) for nomination of such party for the public office or (public offices) to be voted for at the primary election to be held on the ...... day of ............ 20.... as hereinafter specified.

Name of Candidate Public Office Term Residence

.................... ................. .......... ............

.................... ................. .......... ............

I do hereby appoint (insert names and addresses of at least three persons, all of whom shall be enrolled voters of said party) as a committee to fill vacancies in accordance with the provisions of the election law.

In witness whereof, I have hereunto set my hand, the day and year placed opposite my signature.

Date Name Residence

A. 567 4

............. ............. ...............

............. ............. ...............

STATEMENT OF WITNESS

I ............... (name of witness) state: I am a duly qualified voter of the State of New York; and an enrolled voter of the ......... party [and now reside in the Village of ......... County of ......... State of New York at ............ (residence address) therein]. I now reside at ..... (residence address). Each of the persons whose names are subscribed to this petition sheet containing ......... signatures, subscribed his or her name in my presence.

I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn.

........................ .................................

Date: Signature of witness

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. Date..................

...............................

(Signature and official title

of officer administering oath)

Page No........

§ 4. Subdivision 1 of section 6-206 of the election law, as amended by chapter 447 of the laws of 2006, is amended to read as follows:

1. Independent nominations for elective village offices shall be made by a petition containing the signatures in ink of residents of the village who are registered with the appropriate county board of elections at the time of signing. The sheets of such a petition shall be numbered. A signer need not himself or herself fill in the date or residence. Each sheet of such petition must be in substantially the following form and shall contain all the information required therein:

VILLAGE INDEPENDENT NOMINATING PETITION

I, the undersigned, do hereby state that I am a registered voter of the Village of......., that my present place of residence is truly stated opposite my signature, and I do hereby nominate the following named person (or persons) as a candidate (or as candidates) for election to public office (or public offices) to be voted for at the election to be held on the.....day of........, 20....., and that I select the name........... (fill in name) as the name of the independent body

A. 567 5

making the nomination (or nominations) and.....(fill in emblem) as the emblem of such body.

Name of

Candidate Public Office Term Residence

............. .................... .... ...............

............. .................... .... ...............

I do hereby appoint (insert names and addresses of at least three persons, all of whom shall be registered voters within such village) as a committee to fill vacancies in accordance with the provisions of the election law.

In witness whereof, I have signed this petition on the day and year stated before my signature.

Date Signature Residence

.......... ................. ...................

.......... ................. ...................

STATEMENT OF WITNESS

I, ..................... state that I am a duly qualified voter [and now reside at ...................... (residence address) in the Village of ................ in the State of New York in the County of .................] of the State of New York. I now reside at ................ (residence address). Each of the voters whose names are subscribed to this petition sheet containing ................ (fill in number) signatures, subscribed his or her name in my presence.

I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn. ....................... ..............................

Date Signature of witness

§ 5. Paragraph a of subdivision 3 of section 15-108 of the election law, as amended by chapter 447 of the laws of 2006, is amended to read as follows:

a. Party designations for elective village offices shall be made on a designating petition containing the signatures in ink of residents of the village who are registered to vote with the appropriate county board of elections at the time of signing and who are enrolled in such political party. The sheets of such a petition shall be numbered. Such petition must set forth in each instance the correct date of signing, the name of the signer, and his or her present address, and may set forth a committee to fill vacancies consisting of at least three qualified voters of the village enrolled in such party and their residence within the village. A signer need not himself or herself fill in the date or residence. Each sheet of such petition must be in substantially the following form and shall contain all the information required therein:

PARTY DESIGNATING PETITION

I, the undersigned do hereby state that I am a registered voter of the Village of ...... and a duly enrolled voter of the ........ party and entitled to vote at the next primary election of such party, that my place of residence is truly stated opposite my signature hereto, and I hereby designate the following named person (or persons) as a candidate

A. 567 6

(or candidates) for nomination of such party for the public office (or public offices) to be voted for at the primary election to be held on the ...... day of ........... 20.... as hereinafter specified.

Name of Candidate Public Office Term Residence

.................... ................. ....... ...............

.................... ................. ....... ...............

I do hereby appoint (insert names and addresses of at least three persons, all of whom shall be enrolled voters of said party) as a committee to fill vacancies in accordance with the provisions of the election law.

IN WITNESS WHEREOF, I have hereunto set my hand, the day and year placed opposite my signature.

Date Name Residence

............. ............. ...............

............. ............. ...............

STATEMENT OF WITNESS

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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