New York 2025-2026 Regular Session

New York Assembly Bill A09338

Introduced
12/10/25  
Refer
12/10/25  

Caption

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.

Impact

The implementation of A09338 is designed to make the nomination process more efficient and transparent. By formalizing the declination procedure for candidates who participate in party caucuses, it simplifies the process of filing for those who might seek nominations from multiple parties. This measure could enhance the integrity of elections by providing clearer guidelines and reducing confusion during the nomination phase. Moreover, it seeks to ensure that electoral candidates have clear options after unsuccessful attempts to secure nominations at party caucuses.

Summary

Bill A09338 proposes changes to the election law concerning the process by which candidates who do not receive a party nomination in a caucus can file a certificate of declination. Specifically, it allows individuals to submit this certificate regarding their non-nomination within a ten-day window after the caucus results are announced. The intention behind this legislative change is to clarify the procedures for candidates and ensure transparency in the electoral process, allowing individuals who have pursued nomination through a different party to formally decline and do so in an orderly manner.

Contention

Debates surrounding A09338 may arise from differing opinions on the implications of allowing candidates to file for declination after party caucuses. Supporters argue that it fosters transparency and encourages participation from a broader array of candidates, potentially increasing voter options in primary elections. However, critics may contend that this bill could lead to opportunism among candidates, who could exploit the system to switch party affiliations quickly without a clear commitment, thus impacting the integrity of party nominations. These concerns underline the delicate balance lawmakers must manage when addressing the nomination process within the electoral framework.

Companion Bills

No companion bills found.

Previously Filed As

NY A09073

Provides that a change in voter enrollment made after February 14th and before or on seven days after the last day to file the authorization certificate of nomination made at a caucus shall take effect on the seventh day after the last day to file the certificate of nomination made at a caucus.

NY A02230

Provides that a candidate who files a certificate of acceptance for an office for which there have been filed certificates or petitions designating more than one candidate for the nomination of any party, may thereafter file a certificate of declination not later than the seventh day after the primary election.

NY A08970

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.

NY HB2262

In dates of elections and primaries and special elections, further providing for special elections for United States Senator and nominations and for nominations for special election for Representative in Congress, Senator and Representative in the General Assembly and member of council or legislative body of cities, boroughs, towns and townships; and, in nominations of candidates, further providing for number of signers required for nomination petitions of candidates at primaries, for nominations by minor political parties, for place and time of filing nomination petitions and filing fees and for nominations by political bodies, repealing provisions relating to filing fee and further providing for examination of nomination petitions, certificates and papers and return of rejected nomination petitions, certificates and papers and for vacancy in party nomination by failure to pay filing fee or for failure to file loyalty oath.

NY A05950

Extends the timeframe during which a proceeding with respect to a primary, convention, meeting of a party committee or caucus shall be instituted to twenty-five days after the holding of such primary or convention or the filing of the certificate of nominations made at such caucus or meeting of a party committee.

NY A00559

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.

NY S08260

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.

NY S07401

Relates to party nominations for candidates for office, excluding counties located within cities with a population of one million or more.

NY S2133

Amends several statutes relating to elections and the dates for primaries and dates within which to file nomination papers and object to nomination papers.

NY S0741

Amends several statutes relating to elections and the dates for primaries and dates within which to file nomination papers and object to nomination papers.

Similar Bills

No similar bills found.