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Speaker Carl E. Heastie
 
     
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A05874 Summary:

BILL NOA05874
 
SAME ASSAME AS S00350
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Add §16-101, El L
 
Provides that for any legal challenge to the constitutionality of a provision of the election law, venue shall be brought in the following designated court in the judicial department within which at least one plaintiff is located: first judicial department: New York county; second judicial department: Westchester county; third judicial department: Albany county; and fourth judicial department: Erie county.
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A05874 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A5874
 
SPONSOR: Walker

 
TITLE OF BILL:
 
An act to amend the election law, in relation to legal challenges to the
constitutionality of provisions of such law
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This bill prevents forum shopping in constitutional challenges to
provisions of the Election Law.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 creates a new Section 16-101 of the Election Law that requires
constitutional challenges to the election law, and any related statutory
claims to be brought in the following courts depending on the judicial
department in which at least one plaintiff is located. For the first
judicial department: New York County; for the second judicial depart-
ment: Westchester County; for the third judicial department: Albany
County; and for the fourth judicial department: Erie County. It also
clarifies that "challenges" means any types of responsive claims from
any party involved in the case.
 
Section 2 is the effective date.
 
 
JUSTIFICATION:
 
This bill attempts to reduce the partisan gamesmanship that occurs in
election law related litigation. Currently, it is far too easy for those
seeking to destabilize the elections process to do so through frivolous
litigation. This bill aims to reduce that and prevent the forum shopping
seen recently by designating one court in each judicial department in
the state as the appropriate venue for challenges to the election law.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New Bill
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.
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