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.
Summary
S08260 amends the New York Election Law to expand the circumstances under which a person may decline a party designation or nomination. Under current law, the bill notes that declination is permitted when a person has been convicted of a misdemeanor or felony after being designated or nominated. The bill would add two additional grounds: if the person receives a diagnosis of a serious health condition after designation or nomination, or if the person has resigned the office they are seeking to run for again in a re-election context.
In practical terms, the measure would give political parties and candidates a clearer legal basis to withdraw from a nomination or designation in situations involving serious illness or a change in office status. The bill takes effect immediately and would amend section 6-146 of the Election Law, which governs party designations and nominations.
Impact
The bill would modify New York Election Law section 6-146 by adding two new exceptions to the rules governing when a candidate or party designee may decline a nomination or designation. It would affect candidates, political parties, and election administrators by formally recognizing serious health conditions and resignation from the relevant office as valid grounds for declination. The change would likely reduce disputes over whether a nominated person can step aside under these circumstances and would apply statewide upon enactment.
Sentiment
The available materials show a neutral-to-supportive posture around the bill, with no recorded committee debate or votes indicating opposition. The bill’s caption suggests a practical, narrowly tailored election-law adjustment focused on candidate eligibility and replacement issues rather than a broader policy dispute. Because there are no transcripts or voting records provided, there is no evidence of controversy in the available record.
Contention
The main potential point of contention is the expansion of declination rights beyond criminal conviction to include a serious health condition and resignation from office. Supporters would likely view these additions as humane and administratively sensible, especially for candidates facing unexpected illness or no longer holding the office they seek to retain. Any concerns would likely center on how “serious health condition” is defined and documented, and whether the new grounds could be used strategically to alter ballot access or party nominations after the fact.
Same As
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.
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.
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.
Provides that a person who did not receive the nomination of a party in a caucus, may file a certificate of declination to a designation or nomination with respect to that office which the person had filed a designating petition of another party or had received the nomination after a primary or to a nomination of another party decided at a caucus within ten days after the certificate of nomination made pursuant to the caucus which the person had lost is filed.
Provides that a person designated as a candidate for two or more party nominations for an office to be filled at the time of a general election who is not nominated at a primary election by one or more such parties may decline a nomination not later than the last day to certify the ballot or to determine the candidates and questions that shall appear on the ballot; relates to the timing for certain candidates to decline a designation or nomination under certain circumstances.