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A05388 Summary:

COSPNSRSeawright, Jackson
Provides for virtual witnessing of designating and nominating petitions.
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A05388 Actions:

02/16/2021referred to election law
01/05/2022referred to election law
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A05388 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 16, 2021
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Election Law
        AN  ACT  providing  for virtual witnessing of designating and nominating
          petitions; and providing for the repeal of such provisions upon  expi-
          ration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Notwithstanding anything to the contrary  in  the  election
     2  law  or governor's executive order issued prior to the effective date of
     3  this act, the following provisions shall apply to all petitions for  all
     4  nominations  and  elections  for  state,  county, town or village public
     5  offices for public or party office to be filled at any  election  to  be
     6  held  in  the  year  2021  whether  conducted  by  the county's board of
     7  elections or otherwise.
     8    The relevant sections of the election law, in relation to  designating
     9  and  nominating  petitions,  are  modified  to  the extent that, for any
    10  election for which petitions are required to be filed in the year  2021,
    11  signatures to petitions may be witnessed virtually and shall be accepted
    12  for  filing  provided  that  each  petition page contains a Statement of
    13  Virtual Witness substantially in the following form bearing the original
    14  signature of the witness affixed to either  (a)  the  original  petition
    15  bearing  the  original  signature  of  the witness, or (b) a copy of the
    16  original petition bearing the original signature  of  the  signer  which
    17  copy was transmitted to the witness by electronic means.
    18                        STATEMENT OF VIRTUAL WITNESS
    19  I, ____________________________state: I am a duly qualified voter of the
    20  State    of    New    York   and   am   an   enrolled   voter   of   the
    21  ___________________Party.
    22  I now reside at ________________________________________________.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5388                             2
     1  I observed via audio-video technology  each  of  the  individuals  whose
     2  names  are subscribed to this petition sheet containing (fill in number)
     3  _________ signatures subscribe the same on the  dates  above  indicated.
     4  The audio-video conference allowed for direct interaction between me and
     5  the  signer  and  was  not  a  pre-recorded video of the documents being
     6  signed.  During  the  audio-video  conference,  the  signer   identified
     7  himself/herself  to  be  the individual who signed this sheet, exhibited
     8  the signature on the petition to me and affirmatively stated that he/she
     9  was physically located within the State of New York. I  understand  that
    10  this statement will be accepted for all purposes as the equivalent of an
    11  affidavit  and, if it contains a material false statement, shall subject
    12  me to the same penalties as if I had been duly sworn.
    13  ____________________________2021          ___________________________
    14  Date                                      Signature of Witness
    15  WITNESS IDENTIFICATION INFORMATION: The following  information  for  the
    16  witness  named above must be completed prior to filing with the board of
    17  elections in order for this petition to be valid.
    18  _____________________                     _________________________
    19  Town or City Where Witness Resides        County Where Witness Resides
    20                                                             Sheet No.__
    21    § 2. This act shall take effect immediately and shall  expire  January
    22  31, 2022, when upon such date the provisions of this act shall be deemed
    23  repealed.
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