STATE OF NEW YORK
________________________________________________________________________
5388
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.
LBD09338-01-1
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.
