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A08392 Summary:

BILL NOA08392
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §4-110, El L
 
Authorizes the board of elections, or the attorney general in the case of a deadlock, to remove an insurrectionist from the presidential ballot.
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A08392 Actions:

BILL NOA08392
 
12/13/2023referred to election law
01/03/2024referred to election law
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A08392 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8392
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the election law, in relation to the removal of an insurrectionist from the presidential ballot   PURPOSE: To establish a process to remove from the ballot a candidate who has been found to have engaged in insurrection or rebellion against the United States.   SUMMARY OF PROVISIONS: Section one of the bill amends § 4-110 of the election law to prevent a candidate for whom a designation has been filed from being certified if the candidate has been found by the state board of elections to have engaged in insurrection or rebellion against the United States, or given aid or comfort to the enemies thereof, unless the United States Congress, by a vote of two-thirds of each house, has removed such disa- bility. This section also states that for the purposes of such determi- nation, where the state board of elections is unable to reach a finding, the question shall be referred to the office of the attorney general for a formal opinion within twenty-four hours which shall be conclusive of the inquiry unless a contrary order is issued by a court of competent jurisdiction. Section two of the bill provides the effective date.   JUSTIFICATION: Section three of the 14th Amendment of the United States Constitution prohibits former federal officeholders who, having previously taken an oath to support the Constitution of the United States, engaged in insur- rection or rebellion against the United States. The oath to support the United States Constitution that an individual must take before assuming the duties of elective office is in direct conflict with participating in an insurrection or rebellion against the United States. Anyone who participates in the insurrection or rebellion against the United States, like the one at the Capitol on January 6, 2021, betrays our country and is not suitable to serve in elective office. This legislation will ensure there is a process in place to preclude an individual who partic- ipated in an insurrection or rebellion against the United States from being able to serve in elective office.,   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately
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A08392 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8392
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2023
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Election Law
 
        AN  ACT  to  amend  the  election  law, in relation to the removal of an
          insurrectionist from the presidential ballot
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 4-110 of the election law, as amended by chapter 5
     2  of the laws of 2019, is amended  to read as follows:
     3    § 4-110. Certification of primary election candidates; state board  of
     4  elections.  1.  The  state board of elections, not later than fifty-five
     5  days before a primary election, shall certify to each  county  board  of
     6  elections:  The  name  and  residence  of each candidate to be voted for
     7  within the political subdivision of such board for  whom  a  designation
     8  has been filed with the state board; the title of the office or position
     9  for  which the candidate is designated; the name of the party upon whose
    10  primary ballot his or her name is to be placed; and the order  in  which
    11  the names of the candidates are to be printed as determined by the state
    12  board.  Where  an  office or position is uncontested, such certification
    13  shall state such fact.
    14    2. Notwithstanding subdivision one of this section,  a  candidate  for
    15  whom  a designation has been filed who has been found by the state board
    16  of elections to have engaged in insurrection or  rebellion  against  the
    17  United States, or given aid or comfort to the enemies thereof, shall not
    18  be  so  certified,  unless the United States Congress, by a vote of two-
    19  thirds of each house, has removed such disability. For purposes of  such
    20  determination,  where  the state board of elections is unable to reach a
    21  finding, the question shall, within twenty-four hours,  be  referred  to
    22  the  office of the attorney general by the co-executive directors of the
    23  state board of elections for a formal opinion, which, absent a  contrary
    24  order  by  a court of competent jurisdiction, shall be conclusive of the
    25  inquiry.
    26    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13155-02-3
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