What's happening
This bill prohibits political parties in New York from using names including "Independence," "Independent," and certain state-related terms.
Why it matters
Reduces Voter Confusion. By banning political party names like "Independence" or "Independent," the bill aims to prevent voters from mistakenly believing they are registering as unaffiliated or nonpartisan when selecting a party with a confusingly similar name.
Limits Use of State-Related and Generic Terms. Prohibiting names with terms like "New York State," "American," or "Empire State" helps ensure party names are distinctive, making it easier for voters to differentiate between parties and discouraging misleading branding.
Applies Retroactively. The law will impact not only new parties but also those already in existence as of January 1, 2020, potentially forcing established parties using these prohibited names to rebrand or dissolve.
Changes Party Formation Rules. By repealing subdivision 4 of section 2-124, the bill could also alter the procedures or guidelines for how parties choose their names and emblems, affecting the party registration process in New York.
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Who cares
Headline styles
Restrict Political Party Names
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
History
- Referred to elections
- Referred to elections
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1628
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. SKOUFIS, BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to prohibition of state party names; and to repeal subdivision 4 of section 2-124 of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 2-124 of the election law, as amended by chapter 9 of the laws of 1978, is amended to read as follows:
2. The name of a party shall be in the English language and shall not include the words "American", "United States", "National", "New York State", "Independence" or "Independent", or "Empire State", or any abbreviation or plural thereof, nor the name or part of the name, or an abbreviation of the name, of an existing party. The emblem chosen may be a star, an animal, an anchor, or any other proper symbol, but may not be the same as or similar to any emblem, insignia, symbol or flag used by any political or governmental body, agency or entity nor any religious emblem, insignia, symbol or flag, nor the portrait of any person, nor the representation of a coin or of the currency of the United States. The name and emblem chosen shall not be similar to or likely to create confusion with the name or emblem of any other existing party or independent body.
§ 2. Subdivision 4 of section 2-124 of the election law is REPEALED.
§ 3. This act shall take effect immediately and shall apply to political parties in existence on and after January 1, 2020.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06776-02-9
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 prohibition of state party names; and to repeal subdivision 4 of section 2-124 of such law relating thereto
Purpose or general idea of bill
Relates to state party names; repealer
Summary of provisions
Section 1: Adds the words "Independence" and "Independent" to the exist- ing list of words which the names of political parties in New York State may not include. The existing list includes the terms, "American," "United States," "National," "New York State," and "Empire State."
Section 2: Repeals Subdivision 4 of Section 2-124 of the Election Law
Section 3: Effective Date
Justification
The intent of the existing election law is that party names and symbols should avoid causing confusion to voters. However, evidence suggests that many voters who are registered as members of the Independence Party do not realize they are registered in the Party; they intended to regis- ter as independent (i.e. unaffiliated) voters but were confused by the name of the Independence Party. This law would remove a major source of voter confusion.
Prior legislative history
None.
Fiscal implications
None
Effective date
This act shall take effect immediately and shall apply to political parties in existence on and after January 1, 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.