What's happening
This bill allows candidates in contested primaries to decline a party nomination up to seven days after the primary election.
Why it matters
Gives candidates more flexibility. By allowing a candidate in a contested primary to decline a party nomination up to seven days after the primary, the bill provides more time for candidates to consider the outcome and their options, which could help them avoid unwanted nominations or strategic complications.
Affects party ballot control. This change could impact political parties’ ability to fill vacancies or substitute candidates, especially if a candidate withdraws after the traditional acceptance/declination deadline, potentially leading to more last-minute shifts in who appears on the general election ballot.
May influence campaign and party strategy. Candidates and parties might adjust their strategies around primary elections, knowing that declinations can occur after results are in. This could influence how parties vet or support primary candidates and how candidates weigh accepting nominations in multi-candidate races.
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Who cares
Headline styles
Change Candidate Decline Deadline
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Extend Candidate Decline Deadline
In Assembly Committee · Election Law · Sponsor Jo Anne Simon
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
533
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. GALLIVAN -- 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 nominating and designating petitions and certificates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 6-158 of the election law, as amended by chapter 434 of the laws of 1984, is amended to read as follows:
2. A certificate of acceptance or declination of a designation shall be filed not later than the fourth day after the last day to file such designation, except 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01805-01-9
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 nominating and desig- nating 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
Section 1 amends Section 6-158 of the election law 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."
Section 2 establishes the effective date.
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, 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
2017-18: S.1130/A.9761 Referred to Elections/Referred to Election law 2015-16: S.84/A.5951 Referred to Elections/Referred to Election Law 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.