6-128. New party; first nominations by. 1. When an independent body becomes a party at a general election by qualifying under the requirements set by law, nominations shall, prior to and including the first general election thereafter, be made as provided by the rules of such party. A certificate of such nominations shall contain: (a) the name of the party filing the nominations. (b) The title of the office for which the nominations is made and the name and residence address of the person so nominated. (c) The names of the members of the committee, if any, appointed to fill vacancies in nominations. (d) A description and representation of the party's emblem. (e) The name of the committee making the nominations. (f) A certified copy of the party rules describing the rule-making body and nomi nation process. (g) An affidavit containing a statement by the presiding officer and secretary of the committee that they are such officers and the statements in the certificate are true. 2. The certificate of nomination, with all required information contained therein, shall be filed in the same places and manner as provided for designating petitions, not later than seven weeks preceding the general election, or as otherwise provided herein. 3. After examination, no board or officer shall receive for filing and any such certificate of nomination unless the above requirements have been fulfilled. 4. If there is any question or conflict relating to the rules or the rule-making body, rules which a majority of the candidates of such party who were nominated by petition for offices voted for by all the voters of the state at the general election at which the independent body became a party certify were duly adopted by a properly authorized body shall be deemed to be the rules. The certificate of such candidates describing the rule-making body shall be controlling. 6-130. Designating petition; signer information. The sheets of a designating petition must set forth in every instance the name of the signer, his or her residence address, town or city (except in the city of New York, the county), and the date when the signature is affixed. 6-132. Designating petition; form. 1. Each sheet of a designating petition shall be signed in ink and shall contain the following information and shall be in substantially the following form: I, the undersigned, do hereby state that I am a dul y enrolled voter of the ..................... and entitled to vote at the next primary election of such party, to be held on ......... , 19..... .; that my place of residence is truly stated opposite my signature hereto, and I do hereby designate the following named person (or persons) as a candidate (or candidates) for the nomination of such party for public office or for election to a party position of such party. Place of residence Public Office (also post office Names of or party address, if not candidates position identical) ........... .............. ................ I do hereby appoint ...........(insert the nam es and addresses of at least three persons, all of whom shall be enrolled voters of said party) as a committee to fill vacancies in accordance with the provisions of the election law. In witness whereof, I have hereunto set my hand, the day and year placed opposite my signature. Date Name of Signer Residence ...... .......................... ................. Town or city (except in the city of New York, the county) ........................... 2. There shall be appended at the bottom of each sheet a signed statement of a witness who is a duly qualified voter of the state and an enrolled voter of the same politica l party as the voters qualified to sign the petition, and who is also a resident of the political subdivision in which the office or position is to be voted for. However, in the case of a petition for election to the party position of member of the county committee, residence in the same county shall be sufficient. Such a statement shall be accepted for all purposes as the equivalent of an affidavit, and if it contains a material false statement, shall subject the person signing it to the same penalties as if he had been duly sworn. The form of such statement shall be substantially as follows: STATEMENT OF WITNESS I, ...... (name of witness) state: I am a duly qualified voter of the State of New York and am an enrolled voter of the .... party. I now reside at .......... (residence address). Each of the individuals whose names are subscribed to this petition sheet containing .. (fil l in number) signatures, subscribed the same in my presence on the dates above indicated and identified himself to be the individual who signed this sheet. I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn. Date: Signature of Witness Witness identification information: The following information must be completed prior to filing with the board of elections in order for this petition sheet to be valid. Town or City County 3. In lieu of the signed statement of a witness who is a duly qualified voter of the state qualified to sign the petition, the following statement signed by a notary public or commissioner of deeds shall be accepted: On the dates above indicated before me personally came each of the voters whose signatures appear on this petition sheet containing .............(fill in number) signatures, who signed same in my presence and who, being by me duly sworn, each for himself, said that the foregoing statement made and subscribed by him, was true. Date: (Signature and official title of officer administering oath) 4. The state board of elections shall prepare a sample form of a designating petition which meets the requirements of this section and shall distribute or cause such forms to be distribut ed to each board of elections. Such forms shall be made available to the public, upon request, by the state board of elections and each such board. Any petition that is a copy of such a sample shall be deemed to meet the requirements of form imposed by this section. 6-134. Designating petition; rules. 1. A designating petition may designate candidates for nomination for one or more public offices or for nomination for election to one or more party positions or both, but designations or nominations for which the petitions are required to be filed in different offices may not be combined in the same petition. If two or more offices having the same title are to be filled for different terms, the terms of office shall be included as part of the title of the office. 2. Sheets of a designating petition shall be delivered to the board of e lections in the manner prescribed by regulations that shall be promulgated by the state board of elections, provided, however, that the sheets of any volume of a petition shall be numbered. Such regulations shall be no more restrictive than is reasonably necessary for the processing of such petitions by the board of elections. Such regulations shall be binding on the boards of elections in each county and in the city of New York. When a determination is made that a designating petition does not comply with such regulations, the candidate shall have three business days from the date of such determination to cure the violation. 3. If a voter shall sign any petition or petitions designating a greater number of candidates for public office or party position than the number of persons to be elected thereto his signatures, if they bear the same date, shall not be counted upon any petition, and if they bear different dates shall be counted in the order of their priority of date, for only so many designees as there are persons to be elected. 4. A signature made earlier than thirty-seven days before the last day to file designating petitions for the primary election shall not be counted. 5. The use of titles, initials or customary abbreviations of given names by the signers of, or witnesses to, designating petitions or the use of customary abbreviations of addresses of such signers or witnesses, shall not invalidate such signatures or witness statement provided that the identity of the signer or witness as a registered voter can be established by reference to the signature on the petition and that of a person whose name appears in the registration poll ledgers. 6. An alteration or correction of information appearing on a signature line, other than the signature itself and the date, shall not invalidate such signature. 7. A signer need only place his signature upon the petition, and need not himself fill in the other required information. 8. Notwithstanding any other provision of this chapter, the failure to list a committee to fill vacancies or the failure to list at least three eligible voters as a committee to fill vacancies shall not invalidate the petition unless a vacancy occurs which, under law, may be filled only by such a committee. 9. A person other than the subscribing witness may insert the information required by the subscribing witness statement, provided that all subscribing witness information required above the subscribing witness' signature is inserted either before such subscribing witness signs the statement or in the presence of such subscribing witness. 10. The provisions of this section shall be liberally construed, not inconsistent with su bstantial compliance thereto and the prevention of fraud. 11. If the number of signatures on any petition sheet is understated in the witness statement, such petition sheet shall not be invalid solely because of such understatement, but such petition sheet will be deemed to contain the number of signatures indicated on such witness statement and the signatures at the end of such petition sheet that are in excess of the number so indicated shall be deemed not to have been filed. 12. A signature on a petition sheet shall not be deemed invalid solely because the address provided is the post office address of the signer provided that proof that such address is the accepted address of such signer is provided to the board of elections no later than three days following the receipt of specific objections to such signature. 13. In addition t o the requirement for the signature, the printed name of the signer may be added, provided that the failure to provide a place to print the name or failure to print a name if a space is provided shall not invalidate the signature or petition. 6-136. Designating petitions; number of signatures. 1. Petitions for any office to be filled by the voters of the entire state must be signed by not less than fifteen thousand or five per centum, whichever is less, of the then enrolled voters of the party in the state (excluding voters in inactive status), of whom not less than one hundred or five per centum, whichever is less, of such enrolled voters shall reside in each of one-half of the congressional districts of the state. 2. All other petitions must be signed by not less than five per centum, as determined by the preceding enrollment, of the then enrolled voters of the party residing within the political unit in which the office or position is to be voted for (excluding voters in inactive status), provided, however, that for the following public offices the number of signatures need not exceed the following limits: (a) For any office to be filled by all voters of the city of New York, seven thousand five hundred signatures; (b) For any office to be filled by all the voters of any county or borough within the city of New York, four thousand signatures; (c) For any office to be filled in the city of New York by all the voters of any municipal court district, one thousand five hundred signatures; (c-1) For any office to be filled in the city of New York by all the voters of any city council district, nine hundred signatures; (d) For any office to be filled by all the voters of cities or counties, except the city of New York and counties therein, containing more than two hundred fifty thousand inhabitants according to the last preceding federal enumeration, two thousand signatures; (e) For any office to be filled by all the voters of cities or counties containing more than twenty-five thousand and not more than two hundred fifty thousand inhabitants, according to the last preceding federal enumeration, one thousand signatures; (f) For any office to be filled by all the voters of any other city or county, or of a councilmanic district in any city other than the city of New York, five hundred signatures; (g) For any office to be filled by all the voters of any congressional district, twelve hundred fifty signatures; (h) For any office to be filled by all the voters of any state senatorial district, one thousand signatures; (i) For any office to be filled by all voters of any assembly district, five hundred signatures; (j) For any office to be filled by all the voters of any political subdivision, except as herein otherwise provided, contained within another political subdivision, not to exceed the number of signatures required for the larger subdivision; (k) For any other office to be filled by the voters of a political subdivision containing more than one assembly district, county or other political subdivision, not to exceed the aggregate of the signatures required for the subdivisions or parts of subdivisions so contained; and (l) For any county legislative district, five hundred signatures. 3. The number of signatures on a petition to designate a candidate or candidates for the position of delegate or alternate to a state or judicial district convention or member of the state committee or assembly district leader or associate assembly district leader need not exceed the number required for member of assembly, and to designate a candidate for the position of district delegate to a national party convention need not exceed the number required for a petition for representative in congress. 6-138. Independent nominations; rules. 1. Independent nominations for public office shall be made by a petition containing the signatures of registered voters of the political unit for which a nomination is made who are registered to vote. The name of a person signing such a petition for an election for which voters are required to be registered shall not be counted if the name of a person who has signed such a petition appears upon another vali d and effective petition designating or nominating the same or a different person for the same office. 2. Except as otherwise provided herein, the form of, and the rules for a nominating petition shall conform to the rules and requirements for designating petitions contained in this article. 3. a. The name selected for the independent body making the nomination shall be in English characters and shall not include the name or part of the name or an abbreviation of the name or part of the name, nor shall the emblem or name be of such a configuration as to create the possibility of confusion with the emblem or name of a then existing party, or the emblem or name of an independent body selected by a previously filed independent nominating petition for the same office. b. Notwithstanding the requirements of paragraph a of this subdivision , if the emblem or name selected for an independent body on any independent nominating petition is the same as that selected by any previously filed independent nominating petition for the same office, the board of elections with which such later petition was filed shall, not later than two days after the filing of such later filed petition, send notice of such duplicate selection of emblem or name by first-class mail, to the candidate for such office who was nominated by such later filed petition, and that the candidate to whom such notice is required to be sent may file with such board of elections, not later than seven days after such notice was mailed, a certificate selecting a different emblem or name. c. A person who has been nominated or who expects to be nominated as the candidate of an independent body for the office of President of the United States at any election for such office may, not later than three days after the last day to file nominating petitions, file with the state board of elections, a special certificate which shall be irrevocable, stating that such person does not wish to permit candidates for any other office, except the office of Vice-President of the United States, to appear on the ballot with the same name and emblem as the independent body which has nominated or will nominate such candidate for the office of President. d. Not later than seven days after the last day to file nominating petitions, the state board of elections shall notify each local board of elections of the name of each candidate for President of the United States who has filed such a special certificate, together with the name and emblem of the independent body selected on the petition which nominated such candidate. e. If any candidate has been nominated for any other office by a petition which selected the same name or emblem for an independent body as the name or e mblem selected on the petition which nominated a candidate for President of the United States who has filed a special certificate pursuant to paragraph c of this subdivision, the board of elections with which the petition nominating such candidate for such other office was filed shall, not later than ten days after the last day to file nominating petitions, send to each such candidate, by first class mail, notice that a special certificate pursuant to paragraph c of this subdivision has been filed and that the candidate to whom such notice is sent may file with such board of elections, not later than seven days after such notice was mailed, a certificate selecting a different name and emblem. f. If such a petition shall not show an emblem, or if the petition shall fail to select a name for such independent body, or if pursuant to the provisions of paragraph b or paragraph e of this subdivision, a candidate shall fail to select another emblem or name for such independent body, the officer or board in whose office the petition is filed shall select an emblem or name or both to distinguish the candidates nominated thereby. The name and emblem shown upon such petition or selected by a candidate authorized to make such selection by paragraph b or paragraph e of this subdivision, or selected by an officer or board shall also conform to the requirements of this chapter with respect to names or emblems permitted to be selected by a party. g. Nothing contained in this subdivision shall preclude a court of competent jurisdiction from rejecting an independent nominating petition if the court determines that fraud was involved in the selection of a name or emblem. 4. A signature made earlier than six weeks prior to the last day to file independent petitions shall not be counted. A signature on an independent petition for a special election made earlier than the date of the proc lamation calling the special election shall not be counted. {Subd. 1 amended by ch. 709, Laws of 1996. Takes effect December 1, 1996.} 6-140. Independent nominations; form of petition. 1. a. Each sheet of an independent nominating petition shall be signed in ink, shall contain the following information and shall be in substantially the following form: I, the undersigned, do hereby state that I am a registered voter of the political unit for which a nomination for public office is hereby being made, that my present place of residence is truly stated opposite my signature hereto, and that I do hereby nominate the following named person (or persons) as a candidate (or as candidates) for election to public office (or public offices) to be voted for at the election to be held on the ........ day of ............., 19.., and that I select the name ..............(fill in name) as the name of the independent body making the nomination (or nominations) and .......... (fill in emblem) as the emblem of such body. Place of residence (also post office Name of address if not Candidate Public Office identical) ......... ............. .................. ......... ............. .................. I do hereby appoint .......................... (here insert the names and addresses of at least three persons, all of whom shall be registered voters within such political unit), as a committee to fill vacancies in accordance with the provisions of the election law. In witness whereof, I have hereunto set my hand, the day and year placed opposite my signature. Date Name of signer Residence .......... .............. .......... .......... .............. .......... Town or city (except in NYC, the county) & #009; .......................... b. There shall be appended at the bottom of each sheet a signed statement of a witness who is a duly qualified voter of the state and who also is qualified to sign the petition. Such a statement shall be accepted for all purposes as the equivalent of an affidavit, and if it contains a material false statement, shall subject the person signing it to the same penalties as if he had been duly sworn. The form of such statement shall be substantially as follows: STATEMENT OF WITNESS I, .................... (name of witness) state: I am a duly qualified voter of the State of New York and I am also duly qualified to sign the petition. I now reside at ...................... (residence address). Each of the individuals whose names are subscr ibed to this petition sheet containing .... (fill in number) signatures, subscribed the same in my presence on the dates above indicated and identified himself to be the individual who signed this sheet. I understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if it contains a material false statement, shall subject me to the same penalties as if I had been duly sworn. Date: ........... ........................... Signature of Witness Witness identification information: The following information must be completed prior to filing with the board of elections in order for this petition sheet to be valid. Town or City Count y ............. ....... 2. In lieu of the signed statement of a witness who is a duly qualified voter of the state qualified to sign the petition, the following statement signed by a notary public or commissioner of deeds shall be accepted: On the dates above indicated before me personally came each of the voters whose signatures appear on this petition sheet containing ............. (fill in number) signatures, who signed same in my presence and who, being by me duly sworn, each for himself, said that the foregoing statement made and subscribed by him, was true. Date: ................... ......................................... (Signature and official title of officer administering oath) 3. The state board of elections shall prepare a sample form of an independent nominating petition which meets the requirements of this section and shall distribute or cause such forms to be distributed to each board of elections. Such forms shall be made available to the public upon request, by the state board of elections and each such board. Any petition that is a copy of such a sample shall be deemed to meet the requirements of form imposed by this section. {Sec. amended by chs. 197 and 709, Laws of 1996. Take effect Dec. 1, 1996.} 6-142. Independent nominations; number of signatures. 1. An independent nominating petition for candidates to be voted for by all the voters of the state must be signed by at least fifteen thousand voters, of whom at least one hundred shall r eside in each of one-half of the congressional districts of the State. 2. An independent nominating petition for the nomination of candidates for an office to be filled by the voters of any other political unit must be signed by voters numbering five per centum of the total number of votes cast for governor at the last gubernatorial election in such unit, excluding blank and void votes, except that not more than three thousand five hundred signatures shall be required upon any such petition for any office to be filled in any political subdivision of the state wholly outside the city of New York, and not more than the following numbers of signatures shall be required upon any such petition for the following public offices respectively: (a) for any office to be filled in any county or portion thereof outside the city of New York, one thousand five hundred; (b) for any office to be filled by all the voters of the city of New York, seven thousand five hundred; (b-1) for any office to be filled by all the voters of any two counties in such city, four thousand; (c) for any office to be filled by all the voters of any county or borough in such city, four thousand; (d) for any office to be filled by all the voters of any municipal court district, three thousand signatures; (d-1) for any office to be filled in the city of New York by all the voters of any city council district, two thousand seven hundred; (e) for any office to be filled by all the voters of any congressional district, three thousand five hundred; (f) for any office to be filled by all the voters of any state senat orial district, three thousand; (g) for any office to be filled by all the voters of an assembly district, one thousand five hundred; (h) for the office of trustee of the Long Island Power Authority, five hundred; (i) for any office to be filled by the voters of any political subdivision contained within another political subdivision except as herein otherwise provided, not to exceed the number of signatures required for the larger subdivision.
Make your own free website on Tripod.com