Bill Text: NY A01720 | 2023-2024 | General Assembly | Introduced

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Bill Title: Changes the primary election date from the fourth Tuesday in June to the second Tuesday in August; moves the presidential primary to the fourth Tuesday in April.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced) 2024-01-03 - referred to election law [A01720 Detail]

Download: New_York-2023-A01720-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1720

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee on Election Law

        AN ACT to amend the election law, in relation to primary  elections  and
          moving the date of the presidential primary

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 9, 11 and 12 of section 6-158 of the  election
     2  law,  as amended by chapter 164 of the laws of 2022, are amended to read
     3  as follows:
     4    9. A petition for an independent nomination for an office to be filled
     5  at the time of a general election shall be filed not earlier than [twen-
     6  ty-four] seventeen weeks and not later than [twenty-three] sixteen weeks
     7  preceding such election. A petition for an independent nomination for an
     8  office to be filled at a special election shall be filed not later  than
     9  twelve  days  following the issuance of a proclamation of such election,
    10  provided however, such certificate shall be filed not  later  than  nine
    11  days following the issuance of a proclamation of a special election held
    12  pursuant to paragraph b of subdivision three of section forty-two of the
    13  public officers law.
    14    11. A certificate of acceptance or declination of an independent nomi-
    15  nation  for  an  office  to  be filled at the time of a general election
    16  shall be filed not later than the third  day  after  the  [twenty-third]
    17  sixteenth  Tuesday  preceding  such election except that a candidate who
    18  files such a certificate of acceptance for an  office  for  which  there
    19  have  been  filed  certificates  or  petitions designating more than one
    20  candidate for the nomination of any party, may thereafter file a certif-
    21  icate of declination not later than the  third  day  after  the  primary
    22  election.  A  certificate of acceptance or declination of an independent
    23  nomination for an office to be filled at a  special  election  shall  be
    24  filed not later than fourteen days following the issuance of a proclama-
    25  tion of such election, provided however, such certificate shall be filed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06132-01-3
        A. 1720                             2

     1  not later than eleven days following the issuance of a proclamation of a
     2  special  election  held  pursuant to paragraph b of subdivision three of
     3  section forty-two of the public officers law.
     4    12.  A  certificate  to  fill  a vacancy caused by a declination of an
     5  independent nomination for an office to be  filled  at  the  time  of  a
     6  general  election  shall be filed not later than the sixth day after the
     7  [twenty-third] sixteenth Tuesday preceding such election. A  certificate
     8  to  fill  a vacancy caused by a declination of an independent nomination
     9  for an office to be filled at a special  election  shall  be  filed  not
    10  later than sixteen days following the issuance of a proclamation of such
    11  election,  provided  however,  such certificate shall be filed not later
    12  than thirteen days following the issuance of a proclamation of a special
    13  election held pursuant to paragraph b of subdivision  three  of  section
    14  forty-two of the public officers law.
    15    §  2.  Paragraph (a) of subdivision 1 of section 8-100 of the election
    16  law, as amended by chapter 5 of the laws of 2019, is amended to read  as
    17  follows:
    18    (a) A primary election shall be held on the [fourth] second Tuesday in
    19  [June]  August before every general election unless otherwise changed by
    20  an act of the legislature. Members of the state  and  county  committees
    21  and  assembly  district  leaders  and associate district leaders and all
    22  other party positions to be elected shall be elected at such primary and
    23  all nominations for public office required  to  be  made  at  a  primary
    24  election  in  such  year  shall be made at such primary. In each year in
    25  which electors of president and vice president of the United States  are
    26  to  be elected an additional primary election, to be known as the spring
    27  primary, shall be held on the [first] fourth Tuesday in [February] April
    28  unless otherwise changed by an act of the legislature, for  the  purpose
    29  of electing delegates to the national convention.
    30    § 3. This act shall take effect immediately.