What's happening
This bill allows a new seven-day petitioning period to fill candidate vacancies caused by declinations for reasons other than death or serious illness.
Why it matters
Expands ballot access and competition. By reopening the petitioning period when a candidate steps down for reasons other than death or serious illness, the bill ensures that parties and voters aren’t left with empty or uncontested positions, supporting a more robust democratic process.
Limits insider control over replacements. Previously, party committees could fill many types of vacancies directly. This bill instead requires a new petitioning period, giving regular party members and potential candidates a chance to gather support rather than letting party insiders appoint replacements.
Sets clear, fair timelines for candidate selection. The bill introduces a standardized seven-day window for new candidates to collect signatures if a vacancy occurs, with a firm cutoff at 49 days before the primary. This helps prevent last-minute changes that could confuse voters or disadvantage potential candidates.
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Who cares
Candidates declining a designation or nomination
The bill would require declinations for reasons other than death or serious illness to be filed no later than 57 days before a primary election.
Prospective replacement candidates and petition organizers
The bill would reopen petitioning for seven days to fill vacancies caused by ordinary declinations, with petitioning closing no later than 49 days before a primary election.
Party committees and committees to fill vacancies
The bill would limit their authority under the amended vacancy-filling provisions to vacancies caused by death, serious illness or disqualification, rather than ordinary declinations.
State and local boards of elections
The bill would require notice to the appropriate committees and election boards when a candidate declines for reasons other than death or serious illness and require reopening the petitioning period.
Headline styles
Reopen Petition Window for Vacancies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6868
2017-2018 Regular Sessions
IN SENATE
September 6, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to providing for the reopening of a petitioning period to fill vacancies due to the declination of a designation or nomination for reasons other than death or serious illness
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 6-146 of the election law, subdivision 2 as amended by chapter 234 of the laws of 1976, are amended and a new subdivision 2-a is added to read as follows:
1. A person designated as a candidate for nomination or for party position, or nominated for an office, otherwise than at a primary election, may, in a certificate signed and acknowledged by him, and filed as provided in this article, decline the designation or nomination not later than fifty-seven days before a primary election, or at any time if such declination is due to death or serious illness; provided, however, that, if designated or nominated for a public office other than a judicial office by a party of which he is not a duly enrolled member, or if designated or nominated for a public office other than a judicial office by more than one party or independent body or by an independent body alone, such person shall, in a certificate signed and acknowledged by him, and filed as provided in this article, accept the designation or nomination as a candidate of each such party or independent body other than that of the party of which he is an enrolled member, otherwise such designation or nomination shall be null and void.
2. If [any] a designation or nomination is declined due to death or serious illness, the officer or board to whom or which notification thereof is given shall forthwith inform by mail or otherwise the committee authorized to fill the vacancy, that the designation or nomination has been declined, and if such declination is filed with the state board
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13335-02-7
S. 6868 2
of elections after such board has given official notice, pursuant to the provisions of this chapter, to the several boards of elections that the name of the candidate filing such declination is to appear on a ballot, such board also shall give immediate notice by mail or otherwise that such designation or nomination has been declined, to the several boards of elections which prepare the official ballots for election districts affected by such declination.
2-a. If a designation or nomination is declined for reasons other than death or serious illness, the officer or board to whom or which notification thereof is given shall provide notice to the appropriate committee and boards of elections in accordance with subdivision two of this section. The petitioning period for designation or nomination of a new candidate shall be reopened for a period of seven days and shall be closed no later than forty-nine days before a primary election.
§ 2. The section heading and subdivisions 1, 2 and 3 of section 6-148 of the election law, subdivision 1 as amended by chapter 373 of the laws of 1978 and subdivision 3 as amended by chapter 234 of the laws of 1976, are amended to read as follows:
Nomination and designation; filling vacancies due to death, serious illness or disqualification. 1. A vacancy in a designation or nomination caused by [declination, where a declination is permitted by this article, or by] the death, serious illness or disqualification of the candidate[, or by a tie vote at a primary,] may be filled by the making and filing of a certificate, setting forth the fact and cause of the vacancy, the title of the office, the name of the original candidate, if any, and the name and address of the candidate newly designated or nominated.
2. A vacancy in a designation or independent nomination, or in a party nomination made otherwise than at a primary, due to death, serious illness or disqualification may be filled by a majority of the committee to fill vacancies shown upon the face of the petition or certificate of the designation or nomination in which the vacancy occurs.
3. A vacancy in a nomination made at a primary[, or by a tie vote thereat,] due to death, serious illness or disqualification may be filled by a majority of the members, of the party committee or committees last elected in the political subdivision in which the vacancy occurs, present at a meeting at which there is a quorum, or by a majority of such other committee as the rules of the party may provide.
§ 3. The election law is amended by adding a new section 6-149 to read as follows:
§ 6-149. Nomination; vacancy caused by reasons other than death, serious illness or disqualification. A vacancy in a designation or nomination caused by declination for reasons other than death, serious illness or disqualification shall be filled by the reopening of a petitioning period for designation or nomination of a new candidate for seven days and closing such petitioning period no later than forty-nine days before a primary election.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to providing for the reopening of a petitioning period to fill vacancies due to the declination of a designation or nomination for reasons other than death or serious illness
Summary of provisions
Section 1 of the bill amends subdivisions 1 and 2 and adds new subdivision 2-a to section 6-146 of the election law, which provides that a candidate in an election must decline a designation or nomination no later than fifty-seven days before the election if the reason for the declination is anything other than death or serious illness. Once a declination occurs, a petitioning period will be reopened for seven days and will close no later than forty-nine days before the election.
Section 2 of the bill amends subdivisions 1, 2, and 3 of section 6-148 of the election law, which provides for a distinction between vacancies that occur because of declination versus vacancies that occur because of death, serious illness, or disqualification.
Section 3 of the bill adds the new section 6-149 to the election law, which further provides that when a vacancy occurs for reasons other than death, serious illness, or disqualification, the vacancy shall be filled by the reopening of a petitioning period for seven days and closing no later than forty-nine days before an election.
Section 4 provides that this act shall take effect immediately.
Justification
The practice of declining a ballot line and allowing a candidate chosen committee to handpick a replacement deprives citizens of the opportunities to run for office and elect a candidate of their choosing. This bill will ensure that in situations in which a candidate withdraws for reasons other than death, serious illness, or disqualification, there will be an opportunity for new candidates to run for office. Simultaneously, it will ensure that scheduled elections proceed without delay in instances where a candidate withdraws.
Legislative history
New bill
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.