Makes provisions relating to the joint nomination of candidates for the offices of governor and lieutenant governor; provides candidates be designated jointly either by the state committee or by petition; provides said petition will be valid only if it jointly designates both candidates.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4304
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the election law, in relation to the joint nomination of
candidates for the offices of governor and lieutenant governor
PURPOSE:
This bill makes provisions relating to the joint nomination of candi-
dates for the offices of governor and lieutenant governor. The bill
provides that candidates for governor and lieutenant governor be desig-
nated jointly and run together as a slate in the event of a primary
election, as is currently provided for in the general election.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 6-104 of the Election Law as it
relates to providing that candidates for governor and lieutenant gover-
nor be designated jointly either by the State Committee or by petition.
A designating petition will be valid only if it jointly designates both
candidates.
Section two of the bill amends section 7-114 of the Election Law by
adding a new paragraph (e) to reflect that primary ballots shall be
printed with the jointly designated candidates for governor and lieuten-
ant governor appearing together on the same row or column and the ballot
machines adjusted so that both offices are voted for jointly.
Section three relates to the effective date.
JUSTIFICATION:
In 1953, the State Constitution was amended to provide for the joint
election of the governor and lieutenant governor, thereby ensuring that
both elected officials represented the same political party. However, no
statutory amendments were ever made to implement joint nomination which
would have assured at least some degree of personal compatibility, and
more effective executive use of the lieutenant governor. Subsequent
amendments were made to the Election Law that further eroded the impact
of joint election by allowing individual primary challenges for all
statewide offices.
The present statutory scheme presents the State with the prospect of
incompatible candidates running together in the general election and
serving in office. Moreover, recent history demonstrates that this pros-
pect is more than a theoretical possibility. Providing for the joint
nomination of the governor and lieutenant governor would cement the
executive team concept and ensure a fuller executive utilization of the
Lieutenant Governor.
PRIOR LEGISLATIVE HISTORY:
2021-22:A.4766/S.3818
2019-20:A3596,
2017-2018:A.2171/S.1234;
2015-2016:A.4478/S.2717;
2013-2014:A.2052/S.2403;
2011-2012:A.3134-A;
2009-2010:A.2848/S.3259;
2007-2008:A.3120/S.4758;
2005-2006:A.3317/S.4922;
2003-2004:A.4480;
2001-2002:A.1376;
1999-2000:A.476;
1997-1998:A.929/S.4161;
1995-1996:A.6079;
1993-1994:A.6079;
1991-1992:A.2616/S.1567;
1989-1990:A.3964/S.2756;
1987-1988:A.8895/S.6731;
1985-1986:A.4104-A.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4304
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. ZEBROWSKI, BUTTENSCHON, CLARK, EPSTEIN, MAGNAREL-
LI, THIELE, LAVINE, SIMON, SEAWRIGHT, SAYEGH, SILLITTI -- Multi-Spon-
sored by -- M. of A. HUNTER -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to the joint nomination of
candidates for the offices of governor and lieutenant governor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 5 of section 6-104 of the election
2 law are amended to read as follows:
3 1. Party designation of a candidate for nomination for any office to
4 be filled by the voters of the entire state shall be made by the state
5 committee. Candidates for the offices of governor and lieutenant gover-
6 nor shall be designated jointly by a single vote of such committee.
7 2. The state committee shall make a decision by majority vote. The
8 person or persons receiving the majority vote shall be the party's
9 designated candidate or pair of candidates for nomination, and all other
10 persons or pairs of persons who shall have received twenty-five percent
11 or more of the vote cast on any ballot shall have the right to make
12 written demand, duly acknowledged, to the state board of elections that
13 their names appear on the primary ballot as candidates for such nomi-
14 nation. Such demand shall be made not later than seven days after such
15 meeting and may be withdrawn in the same manner within fourteen days
16 after such meeting.
17 5. Enrolled members of the party may make other designations by peti-
18 tion for [a member] members of the same party. A petition designating a
19 candidate for the office of governor or lieutenant governor shall be
20 valid only if such petition jointly designates candidates for both such
21 offices on such petition.
22 § 2. Subdivision 1 of section 7-114 of the election law is amended by
23 adding a new paragraph (d) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03030-01-3
A. 4304 2
1 (d) With respect to candidates for the offices of governor and lieu-
2 tenant governor, ballots shall be printed so that the names of candi-
3 dates for both offices who were designated jointly shall appear in the
4 same row or column, with the name of the candidate for governor appear-
5 ing first and the ballot shall be so adjusted that both offices are
6 voted for jointly and have but one designating letter or number.
7 § 3. This act shall take effect immediately.
