Bill Text: NY S08383 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Authorizes the board of elections, or the attorney general in the case of a deadlock, to alter the presidential ballot.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-25 - REFERRED TO ELECTIONS [S08383 Detail]

Download: New_York-2023-S08383-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8383

                    IN SENATE

                                    January 25, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to authorizing  the  board
          of elections to alter the presidential ballot

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

     1    Section 1. Section 4-110 of the election law, as amended by chapter  5
     2  of the laws of 2019, is amended  to read as follows:
     3    §  4-110. Certification of primary election candidates; state board of
     4  elections. 1. The state board of elections, not  later  than  fifty-five
     5  days  before  a  primary election, shall certify to each county board of
     6  elections: The name and residence of each  candidate  to  be  voted  for
     7  within  the  political  subdivision of such board for whom a designation
     8  has been filed with the state board; the title of the office or position
     9  for which the candidate is designated; the name of the party upon  whose
    10  primary  ballot  his or her name is to be placed; and the order in which
    11  the names of the candidates are to be printed as determined by the state
    12  board. Where an office or position is  uncontested,  such  certification
    13  shall state such fact.
    14    2.  Notwithstanding  subdivision  one of this section, a candidate for
    15  whom a designation has been filed who has been found by the state  board
    16  of  elections  to  have engaged in insurrection or rebellion against the
    17  United States, or given aid or comfort to the enemies thereof, shall not
    18  be so certified, unless the United States Congress, by a  vote  of  two-
    19  thirds  of each house, has removed such disability. For purposes of such
    20  determination, where the state board of elections is unable to  reach  a
    21  finding,  the  question  shall, within twenty-four hours, be referred to
    22  the office of the attorney general by the co-executive directors of  the
    23  state  board of elections for a formal opinion, which, absent a contrary
    24  order by a court of competent jurisdiction, shall be conclusive  of  the
    25  inquiry.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13155-03-4