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A00452 Summary:

Amd 6-154, El L
Relates to specification of objections to designating petitions, independent nominating petitions, certificates of nomination or ballot access document; standardizes requirements for specification of objections by removing authority of local boards of election to make their own rules.
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A00452 Actions:

01/09/2019referred to election law
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A00452 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2019
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Election Law
        AN ACT to amend the  election  law,  in  relation  to  specification  of
          objections to designating petitions, independent nominating petitions,
          certificates of nomination or ballot access documents

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 6-154 of the election law, subdivision 2 as amended
     2  by chapter 248 of the laws of 1981, is amended to read as follows:
     3    § 6-154. Nominations and designations; objections to. 1. Any  petition
     4  or  certificate filed with the officer or board charged with the duty of
     5  receiving it shall be presumptively valid if it is in  proper  form  and
     6  appears  to  bear the requisite number of signatures, authenticated in a
     7  manner prescribed by this chapter.
     8    2. Written objections to any certificate of designation or  nomination
     9  or to a nominating or designating petition or a petition for opportunity
    10  to ballot for public office or to a certificate of acceptance, a certif-
    11  icate of authorization, a certificate of declination or a certificate of
    12  substitution  relating  thereto  may be filed by any voter registered to
    13  vote for such public office and to a designating petition or a  petition
    14  for opportunity to ballot for party position or a certificate of substi-
    15  tution,  a  certificate  of  acceptance  or a certificate of declination
    16  relating thereto by any voter enrolled to vote for such party  position.
    17  Such  objections  shall be filed with the officer or board with whom the
    18  original petition or certificate is filed within three  days  after  the
    19  filing  of  the  petition  or certificate to which objection is made, or
    20  within three days after the last day to file such a certificate,  if  no
    21  such  certificate  is  filed  except  that if any person nominated by an
    22  independent nominating petition, is nominated as a party  candidate  for
    23  the same office by a party certificate filed, or a party nomination made
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 452                              2
     1  after  the  filing of such petition, the written objection to such peti-
     2  tion may be filed within three days  after  the  filing  of  such  party
     3  certificate  or  the  making  of  such  party nomination.   When such an
     4  objection  is  filed,  specifications  of  the grounds of the objections
     5  shall be filed within six days thereafter with the same officer or board
     6  and if specifications are not timely filed, the objection shall be  null
     7  and void.  [Each such officer or board is hereby empowered to make rules
     8  in  reference  to  the  filing and disposition of such petition, certif-
     9  icate, objections and specifications.]
    10    3. (a) Any person filing general objections to any  designating  peti-
    11  tion,  independent  nominating  petition or certificate of nomination or
    12  ballot access document who thereafter files specifications of his or her
    13  objections to any such document shall  do  so  in  accordance  with  the
    14  provisions  of  this subdivision. All such specifications shall substan-
    15  tially comply with the following requirements:
    16    (i) for specifications relating to any petition,  the  volume  number,
    17  page  number,  and line number of any signature objected to on any peti-
    18  tion shall be set forth in detail. In addition, any portion of any peti-
    19  tion or any signature line or witness statement  objected  to  shall  be
    20  specifically identified and reasons given for any such objection;
    21    (ii) the total number of signatures objected to shall be set forth and
    22  all  objections  relating  to  a single signature line should be grouped
    23  together; and
    24    (iii)  symbols  and/or  abbreviations  may  be  used  to   set   forth
    25  objections,  provided  that  a  sheet explaining the meaning of any such
    26  symbols and/or abbreviations is attached to the specifications.
    27    (b) No specifications of objections to any  petition,  certificate  of
    28  nomination  or  ballot  access  document  will  be considered unless the
    29  objector filing the specifications personally delivers or mails by over-
    30  night mail a duplicate copy of the specification to each  candidate  for
    31  public office named on the petition.  Objections and specifications to a
    32  petition  for  an  opportunity  to  ballot must be served on the persons
    33  named as the committee to receive notices.  In the case  of  a  petition
    34  containing candidates for party positions, service of the specifications
    35  shall  be  made on either the named candidates or the first person named
    36  on the petition's committee to fill vacancies. Service shall be made  on
    37  or  before  the date of filing of any specifications with the officer or
    38  board. Proof  of  service  shall  accompany  the  specifications  or  be
    39  received  by  the  end  of two business days following the filing of the
    40  specifications, whichever is later.
    41    4. (a) Such officer or board shall give notice by  overnight  mail  to
    42  the  objector and the candidate named in such petition or certificate of
    43  the date or dates on which such officer  or  board  shall  consider  the
    44  specifications  filed, and board findings, the result of and research of
    45  the specifications, and shall make a determination as to the sufficiency
    46  of such petition or certificate  and  shall  provide  the  objector  and
    47  candidate  or their agent or agents an opportunity to be heard as to the
    48  validity of each specific objection. Copies of the board's  research  of
    49  specifications  shall accompany such notice.  Such opportunity may be by
    50  written submission or oral presentation in the discretion of such  offi-
    51  cer  or  board. Such officer or board shall not deny the objector or the
    52  candidate or their agent or agents an opportunity to be present when the
    53  determination as to validity is made.
    54    (b) For objections and specifications made to ballot access  documents
    55  filed with the state board of elections, the provisions of paragraph (a)
    56  of this subdivision shall apply. However, the opportunity to be heard as

        A. 452                              3
     1  to  the  validity or invalidity of such specifications shall be provided
     2  in a hearing which precedes any meeting of the state board's commission-
     3  ers at which determinations will be rendered.
     4    5.  When  [a] any determination is made that a certificate or petition
     5  is sufficient or insufficient, such officer or board shall  give  notice
     6  of  the  determination  forthwith by mail to each candidate named in the
     7  petition or certificate, and, if the determination is made  upon  speci-
     8  fied  objections, the objector shall be notified; provided that any such
     9  candidate or objector may designate an attorney or agent to receive  any
    10  such  notice  and/or determination on his or her behalf. Any such desig-
    11  nation shall be in writing and include  the  name,  address,  email  and
    12  telephone  number  of  any such attorney or agent, and any such attorney
    13  and/or agent shall be eligible to represent any such candidate or objec-
    14  tor in any proceeding relating to the specifications.
    15    6.  Nothing in this section shall be construed to require an objection
    16  or hearing if the board of elections by majority vote determines that  a
    17  filing  does not meet the criteria of subdivision one of this section to
    18  be presumptively valid.
    19    § 2. This act shall take effect on the ninetieth day  after  it  shall
    20  have  become  a  law.    Effective  immediately, the addition, amendment
    21  and/or repeal of any rules or regulations necessary for the  implementa-
    22  tion  of  this act on its effective date are authorized to be made on or
    23  before such date.
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