Bill Text: NY A02736 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the declination of a designation as a candidate or nomination for a party position if the person designated or nominated has received a diagnosis of a serious health condition or has resigned the office for which they are nominated or designated to run for re-election.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2024-03-15 - print number 2736b [A02736 Detail]

Download: New_York-2023-A02736-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2736

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced by M. of A. PAULIN, LAVINE, L. ROSENTHAL, DICKENS, SEAWRIGHT,
          COLTON, GALLAGHER, BURDICK, KELLES, SAYEGH, WOERNER, SEPTIMO, SIMON --
          read once and referred to the Committee on Election Law

        AN  ACT  to  amend  the  election  law, in relation to providing for the
          declination of a designation as a candidate or nomination for a  party
          position under special circumstances

          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  6-159
     2  to read as follows:
     3    § 6-159. Special circumstance declination. 1. Notwithstanding the date
     4  specified in the notice required pursuant to section 6-144 of this arti-
     5  cle,  a  person  designated  as  a candidate for nomination or for party
     6  position, or nominated for an office, may, in a certificate  signed  and
     7  acknowledged  by him or her, and filed no later than three business days
     8  before the certification of the ballot  for  an  election,  decline  the
     9  designation or nomination only under the following extraordinary circum-
    10  stances:
    11    (a) the person has received a diagnosis of a life-threatening illness;
    12    (b) the person has been indicted for a crime; or
    13    (c) the person has resigned the office for which they are nominated or
    14  designated to run for re-election, for any reason.
    15    2.  The  provisions of this article regarding filling a vacancy when a
    16  designation or nomination is declined shall apply following the creation
    17  of vacancy due to special circumstances as herein provided, except  that
    18  the  certificate  of  substitution  shall be received by the appropriate
    19  board of elections not later than two business days after such  declina-
    20  tion is received by the board.
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05710-01-3