NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2011
SPONSOR: Carroll TITLE OF BILL:
An act to amend the election law, in relation to authorizing and direct-
ing the state board of elections to create an online petitioning system
for designating petitions
PURPOSE:
To create an online system for the submission of designating petitions
for candidates seeking elected office in the state.
SUMMARY OF PROVISIONS:
Section 1: adds a new section 6-136-a to the Election Law authorizing
the state board of elections to develop an online system for qualified
voters to submit designating petitions for candidates for all statewide
elections, legislative offices, and local elections. This system must
be integrated with county boards of elections, provide for the trans-
mission of signed petitions to the appropriate officer, allow only qual-
ified voters to sign particular petitions, and provide that candidates
may collect petitions up to their required threshold for the particular
office through the system. Establishes that use of the online system
does not preclude the use of paper petitions.
Section 2: sets the effective date.
JUSTIFICATION:
Designating petitions are a key component of New York's electoral
system. Every year, thousands of volunteers go door-to-door to gather
enough signatures for candidates to appear on the ballot. It is a
significant investment of time, effort, and passion for our democratic
process. However, recent years have shown the limits of this system.
Changes in the political calendar to consolidate New York's multiple
primary elections moved the petitioning period into February and March.
For much of the state, this means that petitioning is happening in the-
middle of intense winters. In rural areas, as well as towns and villages
without sidewalks, this can be especially challenging. It has also
exacerbated the barriers to people with physical disabilities who wish
to run for office or participate in political campaigns. In 2020, the
health crisis necessitated a temporary reduction of petitioning thresh-
olds and an eventual end of the petitioning period to preserve public
health. Concerns of safety, health, and fairness suggest that we should
not go back to the prior requirement for gathering signatures one door
at a time.
For several years, the State of Arizona has operated an online petition-
ing system called E-Qual. This secure portal allows qualified voters to
sign petitions for candidates online. This allows for a broader and more
accessible form of petition-gathering that does not depend on thousand
of hours of volunteer labor, sometimes in dangerous conditions. Use of
the online system in Arizona does not prohibit the additional use of
paper designating petitions, nor does it release candidates from the
necessity of engaging with voters and supporters in order to earn the
necessary number of signatures to appear on the ballot. Creating such a
system in New York to supplement the traditional process of paper desig-
nating petitions will increase the flexibility of our system and make
the designating process more open, safe, and fair across the entire
state.
LEGISLATIVE HISTORY:
A.10345/S.8238 of 2019-20
A.623/S.1344 of 2021-22
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2011
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. CARROLL, EPSTEIN, MAMDANI, WALLACE, MITAYNES,
ANDERSON, JACKSON, FORREST -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to authorizing and direct-
ing the state board of elections to create an online petitioning
system for designating petitions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 6-136-a
2 to read as follows:
3 § 6-136-a. Online petitioning system for designating petitions. 1.
4 Notwithstanding any other provision of law, the state board of
5 elections, in cooperation with county boards of election, is authorized
6 and directed to provide a system for qualified voters to sign a desig-
7 nating petition for a candidate by way of a secure internet portal. Such
8 system shall:
9 (a) provide for the collection of designating petitions for candidates
10 for the following offices:
11 (i) United States senate;
12 (ii) United States house of representatives;
13 (iii) New York state governor;
14 (iv) New York state lieutenant governor;
15 (v) New York state comptroller;
16 (vi) New York state attorney general;
17 (vii) New York state senate;
18 (viii) New York state assembly;
19 (ix) county offices;
20 (x) town offices;
21 (xi) city offices;
22 (xii) village offices; and
23 (xiii) school boards.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00432-01-3
A. 2011 2
1 (b) be integrated with county boards of elections;
2 (c) provide for the transmission of signed designating petitions or a
3 facsimile of such petitions to the appropriate officer in charge of
4 elections for a particular elected office;
5 (d) allow only those qualified voters who are eligible to sign a peti-
6 tion for a particular candidate to sign such petition, including provid-
7 ing a method for the qualified voter's identity to be properly verified;
8 and
9 (e) provide that candidates may choose to collect designating petition
10 signatures up to an amount equal to the full number of required desig-
11 nating petition signatures by use of the online petition system estab-
12 lished by this section.
13 2. Use of the online petition system established by this section shall
14 not preclude the collection and use of paper designating petitions.
15 3. The state board of elections is authorized to promulgate rules and
16 regulations necessary for the implementation of this section.
17 § 2. This act shall take effect immediately.
