NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6714
SPONSOR: Galef (MS)
 
TITLE OF BILL: An act to amend the election law, in relation to
opportunity to ballot committee to receive notices
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to ensure that opportunity to ballot
committee members have capacity to bring proceedings.
 
SUMMARY OF PROVISIONS:
Section 1. Section 6-164 of the Election Law, as amended by chapter 16
of the laws of 1998, is amended to read as follows: All required notices
shall be served on the members of the committee named in the petition,
and such committee shall have capacity to bring a proceeding under this
chapter as if such committee was a candidate named on a petition.
Section 2. Establishes the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This section is not applicable at this time.
 
JUSTIFICATION:
This legislation ensures that those appointed as members of the Commit-
tee to Receive Notices on an Opportunity to Ballot Petition have the
same access to judicial relief as candidates, ensuring fairness in
ballot access and elections.
 
PRIOR LEGISLATIVE HISTORY:
A. 9984 of 2017/2018
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
 
EFFECTIVE DATE:
This act shall take effect on the fifteenth day of December after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6714
2019-2020 Regular Sessions
IN ASSEMBLY
March 15, 2019
___________
Introduced by M. of A. GALEF, DICKENS, BLAKE, GOTTFRIED, D'URSO, NIOU,
LAWRENCE -- Multi-Sponsored by -- M. of A. THIELE -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to opportunity to ballot
committee to receive notices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6-164 of the election law, as amended by chapter 16
2 of the laws of 1988, is amended to read as follows:
3 § 6-164. Primary, uncontested; opportunity to ballot. Enrolled members
4 of a party entitled to vote in the nomination of a candidate for public
5 office or the election of a candidate for party position in a primary
6 election of such party, and equal in number to at least the number of
7 signers required to designate a candidate for such office or position
8 may file with the officer or board with whom or which are filed desig-
9 nating petitions for such office or position a petition requesting an
10 opportunity to write in the name of a candidate or candidates, who need
11 not be specified, for such office or position. Upon the receipt of such
12 a petition, such office or position shall be deemed contested and the
13 primary ballots of the party shall afford an opportunity to vote there-
14 on. Requests for an opportunity to write in the names of candidates for
15 two or more offices or positions may be included in the same petition.
16 Such petitions shall be subject to objections and court determination
17 thereof in the same manner as designating petitions so far as the
18 provisions therefor are applicable. All required notices shall be served
19 on the members of the committee named in the petition, and such commit-
20 tee shall have capacity to bring a proceeding under this chapter as if
21 such committee was a candidate named on a petition. A signature to a
22 petition for an opportunity to ballot in primary elections made earlier
23 than sixteen days before the last day to file designating petitions for
24 the primary election shall not be counted.
25 § 2. This act shall take effect on the fifteenth day of December after
26 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10642-01-9