STATE OF NEW YORK ________________________________________________________________________ 8446--B IN SENATE January 30, 2024 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to county committee desig- nations of candidates for certain offices 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 6-127 2 to read as follows: 3 § 6-127. Designation by county committee. 1. Party designation of a 4 candidate for nomination at a primary election in counties, excluding 5 counties located within a city with a population of one million or more, 6 for any office to be filled by the voters of the entire county shall be 7 made by the county committee, if the party rules of such county so 8 provide. 9 2. Party designation of a candidate for nomination at a primary 10 election for any office whose electoral district is contained within a 11 county, excluding counties located within a city with a population of 12 one million or more, shall be made by the county committee members 13 representing the district associated with such office, if the party 14 rules of such county so provide. 15 3. For each assembly district or part of an assembly district from 16 which delegates to a judicial nominating convention are to be elected 17 pursuant to section 6-124 of this article, excluding those assembly 18 districts or parts of assembly districts that are located within cities 19 with a population of one million or more, candidates for the position of 20 judicial delegate and alternate judicial delegate to be elected at a 21 primary election shall be designated by the county committee members 22 representing such assembly district or part of an assembly district, if 23 the party rules of the county containing such assembly district or part 24 of an assembly district so provide. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00314-06-4S. 8446--B 2 1 4. Designations made pursuant to subdivisions one through three of 2 this section shall be made by weighted vote of all county committee 3 members qualified to vote for each such designation. The vote of county 4 committee members shall be held not earlier than twenty-one days before 5 the first day to sign designating petitions and not later than the first 6 day to sign designating petitions for the primary election. Within four 7 days after such votes are taken, the county committee shall file with 8 the county board of elections the names of the persons who have been 9 designated and the offices or delegate positions for which they have 10 been designated. Upon the vote for each such designation, each county 11 committee member shall be entitled to cast a number of votes which shall 12 be in accordance with the ratio which the number of votes for the party 13 candidate for governor on the line or column of the party at the last 14 preceding general election in the unit of representation such member 15 represents bears to the total vote cast on such line or column at such 16 election for such candidate for governor in the entire district associ- 17 ated with the office or delegate position for which the designation is 18 being made. The apportionment of such votes as so prescribed shall be 19 determined by the rules of the party. The person receiving the majority 20 of the weighted vote shall be the party's designated candidate for nomi- 21 nation at the primary election, or, if such designation is for a judi- 22 cial delegate or alternate judicial delegate, for election at the prima- 23 ry election, and all other persons who shall have received twenty-five 24 percent or more of the weighted vote cast on any ballot shall have the 25 right to make written demand, duly acknowledged, to the county board of 26 elections that their names appear on the primary ballot as candidates 27 for such nomination or delegate position. Such demand shall be made not 28 later than seven days after the vote of the county committee members and 29 may be withdrawn in the same manner within fourteen days of such vote. 30 5. Party designation of a candidate for nomination at a primary 31 election for any office whose electoral district encompasses portions of 32 more than one county shall be made by the county committee members 33 representing the district associated with such office, if the party 34 rules of each county containing a portion of the district so provide, 35 except where any such county is located within a city with a population 36 of one million or more. 37 6.(a) Designations made pursuant to subdivision five of this section 38 shall be made by weighted vote of all county committee members qualified 39 to vote for each such designation. 40 (b) The county committee of each county included within an electoral 41 district or districts for which such a designation is being made shall 42 convene a meeting for the purpose of ascertaining and certifying the 43 votes of its members who are qualified to vote for any such designation. 44 Each such meeting shall be held not earlier than twenty-one days before 45 the first day to sign designating petitions and not later than seven 46 days before the first day to sign designating petitions for the primary 47 election. During each such meeting, for each elected office for which 48 members of the county committee are eligible to participate in the 49 candidate designation process, a vote shall be held wherein each county 50 committee member eligible to vote for such designation shall be entitled 51 to cast a single ballot specifying the name of one person whom the 52 member wishes to designate as a candidate for such nomination. 53 (c) Within four days after such meeting is held, the county committee 54 shall file with the state board of elections a document, certified by 55 the chairperson and the secretary of the county committee, identifying, 56 for each elected office for which members of the county committee castS. 8446--B 3 1 designating ballots, the name of each county committee member who cast a 2 ballot during the vote, the unit of representation each such member 3 represents, and the name of the person whom each such member voted to 4 designate. 5 (d) For each elected office for which the state board of elections 6 receives certified results of designating votes from the county commit- 7 tees of the counties included within the electoral district associated 8 with such office, the state board of elections shall determine, within 9 seven days of receiving such results, the weighted vote of all county 10 committee members who voted for such designation. The weighted vote of 11 each such committee member shall be equivalent to the ratio which the 12 number of votes for the party candidate for governor on the line or 13 column of the party at the last preceding general election in the unit 14 of representation such member represents bears to the total vote cast on 15 such line or column at such election for such candidate for governor in 16 the entire district associated with the office for which the designation 17 is being made. 18 (e) If any person received a majority of the weighted vote, that 19 person shall be the party's designated candidate for nomination at the 20 primary election, and all other persons who shall have received twenty- 21 five percent or more of the weighted vote shall have the right to make 22 written demand, duly acknowledged, to the state board of elections that 23 their names appear on the primary ballot as candidates for such nomi- 24 nation. Such demand shall be made not later than seven days after the 25 first day to sign designating petitions for the primary election and may 26 be withdrawn in the same manner within fourteen days of the first day to 27 sign designating petitions for the primary election. 28 7. No person may, in a given year, be chosen as a party's designated 29 candidate for nomination at a primary election or make written demand to 30 any board of elections that their name appear on the primary ballot as a 31 candidate for party nomination for more than one office pursuant to the 32 provisions of this section. 33 8. Notwithstanding the provisions of this section, enrolled members of 34 the party may make designations by petition for a member of the same 35 party pursuant to section 6-136 of this article. 36 9. Notwithstanding the provisions of this section, party nominations 37 for village and town elections may be made by caucus pursuant to title 38 two of this article and section 6-108 of this article, respectively. For 39 elections wherein nominees are chosen by caucus, the provisions of this 40 section shall not be applicable. 41 § 2. This act shall take effect on the first of January next succeed- 42 ing the date on which it shall have become a law.