Running for Elective Office in Livingston County 2018

Transcription

1 Running for Elective Office in Livingston County 2018 Prepared by: Livingston County Board of Elections 6 Court Street, Room 104 Geneseo, NY (585) (585) David M. DiPasquale Rebecca L. Schroeder Commissioners of Elections

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3 Running for Elective Office in Livingston County Table of Contents Page(s) General Information... 4 County Chairman Information Elected Positions Designating Petitions Independent Nominations Opportunity to Ballot Certificate of Authorization Certificate of Acceptance Certificate of Declination Caucus Petitions Witnesses to a Petition Signature Requirement Cover Sheets Filing of Petitions, Acceptances, Authorizations & Declinations Objections Specifications of Objections Cover Sheet Sample... 9 Designating Petition Sample and Instructions Independent Nominating Petition Sample & Instructions Poll Watchers Campaign Finance Disclosure Offices to be Filled Election Dates Village Election: March 20, 2018 Noon to 9 PM Federal Primary June 26, 2018 Noon to 9 PM State/Local Primary: September 11, 2018 Noon to 9 PM (Subject to Change) General Election: November 6, AM to 9 PM 3

4 General Information Note: The information contained here is intended to provide general guidance for those who are preparing to circulate petitions, or expand their knowledge of the nomination process, and is not to be used as a substitute for consulting the New York State Election Law for specific petition requirements. Persons wishing to run for elective office may be nominated by a political party or through the filing of an independent nominating petition. Party members may also circulate petitions to create the opportunity to write in the name of an unspecified person for an office in which there is not contest for the party endorsement. The current political parties are: Democratic, Republican, Conservative, Working Families, Independence and Green. Any person not nominated by one of these parties must file an independent nominating petition. The requirements for all petitions are contained in Article 6 of the New York State Election Law. The provisions for village elections vary slightly, and the reader is directed to Article 6 and 15 of the New York State Election Law for specifics. County Chairman Information Livingston County Democratic Committee Chairman Judith Hunter; Livingston County Republican Committee Chairman Lowell Conrad; Livingston County Conservative Committee Chairman Jason McGuire; Elected Positions Party nominations of candidates for elected county positions are made by a Designating Petition. (County Court Judge, County Clerk, County Treasurer, County District Attorney, County Sheriff, County Corner, and Democratic and Republican County Committee; all County and Town Conservative Party races) If more designating petitions are filed for an office than positions available there will be a Primary Election to determine the party candidate. Party nominations of candidates for town and village elective office in Livingston County are made at a party caucus. To run for office on a line other than an official party line, one must file an Independent nominating petition. Designating Petitions Designating Petitions are used to nominate party individuals for elected offices. Only enrolled members of a party qualified to vote for an office may sign designating petitions of the party. If more designating petitions than openings are filed for the same office and of the same party a Primary Election would be held for that office. (Example: 3 designating petitions filed for an office that only has 2 openings.) The NYS Election Law sets forth the form of this petition; (state, county and town offices). A sample petition form and detailed instructions is included in this booklet. For villages refer to

5 Independent Nominating Petitions To run for office on a line other than an official party line, (Democratic, Republican, Conservative, Green, Working Families, Independence, Women s Equality and Reform) one must file an Independent Nominating Petition. Any registered voter who has not already signed a designating petition, and who is qualified to vote for an office, may sign an independent nominating petition for that office. For Village offices if you participated in a caucus, you cannot sign an independent nominating petition. An Independent petition requires the candidate to create a name for the party name. The party name must not be the same or similar to one of the current constituted parties in New York State. The candidate may choose an emblem from the list provided by the Livingston County Board of Elections or create their own. The name and emblem for the party must be filed when filing the petition. A notarized Certificate of Acceptance must be filed within three days for all independent nominating petitions (except for judicial offices). The NYS Election Law sets forth the form of this petition; (state, county and town offices) and (village offices). A sample petition form ( 6-140) and detailed instructions is included in this booklet. Opportunity to Ballot Petition An Opportunity to Ballot Petition creates a primary for an office in a political party that previously had no primary it allowing an unnamed candidate to have their name written in for a party office at the Primary Election. The NYS Election Law sets forth the form of this petition; and Certificate of Authorization Political parties may nominate/designate a candidate who is not an enrolled member of the political party. Such circumstances require that the party must file a Certificate of Authorization, signed and acknowledged by the presiding officer and the secretary of the meeting at which such authorization is given. A certificate of authorization is not needed for nominations resulting from a caucus or for a candidate for a judicial office. This form should be filed with the petition or received in the Board of Elections no later than 4 days after the last day to file Designating Petitions. Certificate of Acceptance A Certificate of Acceptance is needed for a candidate listed on a designating petition that is not of the party passing the petition. A Certificate of Acceptance is always needed when filing an Independent Petition, except for judicial candidates. This certificate has to be notarized and filed not later than the fourth day after the last day to the file the petition (third day for Independent Petitions). Deadline dates for filing these certificates is included in the political calendar. Certificate of Declination A Certificate of Declination needs to be filed for any candidate declining a nomination or designation. This certificate has to be notarized and filed not later than the fourth day after the last day to the file the petition (third day for Independent Petitions). Deadline dates for filing these certificates is included in the political calendar. Caucus A Caucus is an open meeting of a town or village's political party at which candidates are nominated for elective office. Only residents of the town or village who are enrolled members of the party may participate in the caucus. A caucus is organized by the town or village party chairman (in the absence of a party chairman, the county committee chairman may designate the caucus chair). In Livingston County the Democrats and Republicans caucus for all town and village positions; Conservative party use Designating Petitions For further information on caucuses see, Election Law (towns), and (villages) and the current political calendar 5

6 Petitions The statute requires that all petitions be substantially in the form set forth in the NYS Election law (party designating petitions), (independent nominating petitions) and (village designating and independent petitions). Deviations or slight rearrangements of the form of petition are not fatal defects, provided that the petition contains all of the required information. Each sheet of the petition must correctly set forth: the date of the Election: Primary Election date for Designating Petitions, General Election Date for Independent Nominating Petitions the name of the candidate and the office or position sought the candidate's residence, and if different, their mailing or post office address information about the signer: date of signing, voter's residence address, town or city information relating to the person who witnesses the signatures A petition may include a committee to fill vacancies. Failure to provide such a committee, or naming a committee of fewer than three persons will not invalidate the petition. The voter need only sign the appropriate line on the petition sheet. All other information may be filled in by someone else. Corrections may be made to any information on the signature line. However, corrections or alterations in the date or the signature MUST be initialed by the person making the correction. Voters may not sign a petition for more candidates than there are openings for an office. For example, if there is one council seat open, the voter may only sign one petition for a candidate for that office. If there are 2 seats open, the voter may sign petitions for 2 candidates. The pages of a petition must be sequentially numbered and securely fastened. Signature Requirement The number of signatures needed depends on the office and political party. Please contact the Livingston County Board of Elections for individual signature requirements. Witnesses to a Petition Any registered voter in the State of New York may witness a petition. A witness to a designating Petition must be enrolled in the political party for that petition. A witness may not witness his or her own signature. The information required for the witness statement is mandatory. Omissions, errors, or unexplained alterations/corrections, may invalidate the entire page. When the witness signs the statement of witness, they are making an oath that subjects them to the penalties for perjury if any of the information preceding their signature is false. The information preceding the signature includes the name and residence of the witness; the number of signatures on the page; a statement that each person signed in their presence; and the date they are signing the statement. Witness identification information, which follows the witness's signature, may be provided by anyone, at any time before the petition is filed. This information includes the town or city; and the county of the witness's registration. A candidate can be a witness to his/her own petition. The notary section is only completed when the petition is carried by a notary. 6

7 Cover Sheets If there are 10 or more pages in a petition, there must be a cover sheet. A multi-volume petition requires a cover sheet for each volume. Cover sheets must be permanently fastened to the petition, no paper clips. Cover sheets must contain the following information: name, residence address, and mailing address if different, of the candidate. the public office or party position sought. the name of the party or independent body making the nomination. a statement that the petition contains a number of signatures equal to or in excess of the number required by statute. the volume number. The total number of volumes in each petition. (A volume is one group of petitions bound together.) The following information is optional: the name of a contact person residence address, (and mailing address if different) telephone number, and facsimile number of the person designated to receive notice of deficiencies in binding or cover sheet requirements. There are additional requirements if the petition contains candidates for county committee, and if there are different candidates on the several pages of the petition. Those requirements are contained in Part 6215 of the rules and regulations of the NYS Election Law. Filing of Petitions, Acceptances, Authorizations and Declinations All filings must be filed timely (between the hours of 9:00 a.m. and 5 p.m.) and in the proper manner at the appropriate board of elections (County or State). Pursuant to section 1-106(1) of the NYS Election Law. If the last day for filing falls on a Saturday, Sunday or legal holiday, the next business day becomes the last day for filing. All papers sent by mail in an envelope postmarked prior to midnight of the last day of filing shall be deemed timely filed and accepted for filing when received. No filings will be accepted by facsimile or . Candidates must file a Certificate of Acceptance for nominations made by independent nominating petitions, or if they are named in a designating petition but are not enrolled members of that party. Neither an authorization nor an acceptance is required if the individual is a candidate for a judicial office. A declination must be filed should the candidate decide not to accept the designation or nomination. Objections Every petition is presumed to be valid when filed, if, on its face, it appears to be in proper form and to contain enough signatures. However, a registered voter may challenge the validity of a petition. Written objections must be filed within 3 days after the petition is filed (one day in a village election). Specifications of objections must be filed within 6 days of filing the general objections (two days in a village election). For petitions filed with the NYS State Board of Elections, objectors must deliver a copy of the specifications of objections to the candidate and file proof of such delivery with the State Board. For further details see NYS Election Law and and Part 6204 of the rules and regulations of the NYS Election Law. 7

8 Specification of Objections Any person filing general objections to any designating or independent nominating petition filed with the Livingston County Board of Elections who thereafter files specifications of his objections to any such petition with such board shall do so in accordance with the provisions of Section of the NYS Election Law. All such specifications shall substantially comply with the following requirements: The volume number, page number, and line number of any signature objected to on any petition shall be set forth in detail. In addition, any portion of any petition or any signature line or witness statement objected to shall be specifically identified and reasons given for any such objection. The total number of signatures objected to shall be set forth and all objections relating to a single signature line should be grouped together. Symbols and/or abbreviations may be used to set forth objections, provided that a sheet explaining the meaning of any such symbols and/or abbreviations is attached to the specifications. No specifications of objections to any petition will be considered by the Livingston County Board unless the objector filing the specifications personally delivers or mails by registered or certified mail a duplicate copy of the specifications to each candidate for public office named on the petition. For petitions filed with the State Board, objectors must deliver a copy of the specifications of the objections to the candidate and file proof of such delivery with the State Board. In the case of a petition containing candidates for party position, service of the specifications shall be made on either the named candidates or the first person named on the petition's committee to fill vacancies. Service shall be made on or before the date of filing of any specifications with the Board. Proof of service shall accompany the specifications or be received by the end of business two days following the filing of the specifications, whichever is later. Any notice and/or determination relating to a petition for which specifications of objections have been filed shall be transmitted by the Board to the objector filing the specifications, provided that any such objector may designate an attorney or agent to receive any such notice and/or determination on his behalf. Any such designation shall be in writing and include the name, address and telephone number of any such attorney or agent, and any such attorney and/or agent shall be eligible to represent any such objector in any proceeding conducted by the Board relating to the specifications. 8

9 COVER SHEET DESIGNATING AND INDEPENDENT PETITIONS Name of Party or Independent Body here Name of Candidate(s) Public Office or Party Position Residence Address (Also mailing address if different) Volume Number Total Number of Volumes in Petition This petition contains the number, or in excess of the number, of valid signatures required by Election Law. CONTACT PERSON TO CORRECT DEFICIENCIES Name Residence Address Mailing Address (if different) Phone: ( ) Fax: ( ) I hereby authorize that notice of any determination made by the Board of Elections be transmitted to the person named above. (Signature of Candidate or Agent) 9

10 Instructions for Designating Petitions Section 1 This section needs to be completed before you start to obtain signatures. The signer needs to read and understand this statement indicating the nature of the petition. Also in Section 1, the voter is stating that they are a duly enrolled voter and entitled to sign this petition. Section 2 In this area enter the name of the candidate(s), the office or position seeking, and their residence address and mailing if different than residence. It is of vital importance that the office or position be worded in a way that complies with the wording on the ballot. More that one name and position may be listed on a petition. Section 3 By listing names and addresses of at least three people they can serve as a committee to fill vacancies. If there is not a committee stated here, any vacancies created due to declination, could not be filled. Names should be registered voters in the political party on the petition. Failing to complete this section is not a fatal defect. Section 4 Directly above NAME OF SIGNER, is a statement In witness whereof, I have hereunto set my hand, the day and year placed opposite. By signing the petition the voter is indicating they will endorse you for above stated position. DATE: Signer to enter actual date signing petition. NAME OF SIGNER: A signature is required for the signer in this box. RESIDENCE: Address that the signer is registered to vote from, not PO Box. TOWN/CITY: enter proper name of town or city. Village and hamlets are not proper names. i.e.: enter Town of Livonia, not Lakeville, enter Town of North Dansville, not Dansville. Section 5 STATEMENT OF WITNESS: The person passing or carrying the petition is the witness. Person passing the petition as the witness cannot be the signer. Complete this section with the name, residence and number of signatures contained on the petition sheet. Date and sign where indicated. The date of the witness signature must be the same day or later than any signature date listed in the body of the petition. Section 6 Indicate the Town/City where the witness is a resident and pages must be numbered, in order and bound (no paper clips) when filed with the Livingston County Board of Elections. 10

11 1 2 Designating Petition Sec , ELECTION LAW I, the undersigned, do hereby state that I am a duly enrolled voter of the Party and entitled to vote at the next primary election of such party, to be held on September 12, 2017; 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. Names of Candidate(s) Public Office or Party Position Place of Residence (also PO address if not identical) County of Livingston, State of New York 3 I do hereby appoint (here insert the names 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. 4 Date Name of Signer (signature required) Residence Town or City 1. / /17 2. / /17 3. / /17 4. / /17 5. / /17 6. / /17 7. / /17 8. / /17 9. / / / /17 5 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 (fill in number) signatures, subscribed the same in my presence on the dates above indicated and identified himself or herself to be the individual who signed the 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 6 WITNESS IDENTIFICATION INFORMATION: The following information for the witness named above must be completed prior to filing with the Board of Elections in order for this petition sheet to be valid. Town or City County of Livingston Sheet # 11

12 Independent Nominating Petitions Instructions Section 1 This section needs to be completed before you start to obtain signatures. The signer needs to read and understand this statement indicating the nature of the petition. Also in Section 1, the voter is stating that they are a duly enrolled voter and entitled to sign this petition. Candidate must also select the name of Independent Body and an emblem for the same. Please call the office if you need further instruction. Section 2 In this area enter the name of the candidate(s), the office or position seeking, and their residence address and mailing if different than residence. It is of vital importance that the office or position be worded in a way that complies with the wording on the ballot. More that one name and position may be listed on a petition. Section 3 The committee to fill vacancies must consist of at least 3 registered voters residing within the political unit represented by the office sought by the petition s candidate(s). Names and addresses must be identical to voter records. The Committee to Fill Vacancies is not required. Without a vacancy committee, if a candidate declines within 3 days after filing the petition, no substitution can be made. Section 4 Directly above NAME OF SIGNER, is a statement In witness whereof, I have hereunto set my hand, the day and year placed opposite. By signing the petition the voter is indicating they will endorse you for above stated position. DATE: Signer to enter actual date signing petition. NAME OF SIGNER: A signature is required for the signer in this box. RESIDENCE: Address that the signer is registered to vote from, not PO Box. TOWN/CITY: enter proper name of town or city. Village and hamlets are not proper names. i.e.: enter Town of Livonia, not Lakeville, enter Town of North Dansville, not Dansville. Section 5 STATEMENT OF WITNESS: The person passing or carrying the petition is the witness. Person passing the petition as the witness cannot be the signer. Complete this section with the name, residence and number of signatures contained on the petition sheet. Date and sign where indicated. The date of the witness signature must be the same day or later than any signature date listed in the body of the petition. This witness cannot have signed any other petition for the same office. The witness only needs to be a registered voter in New York State. Section 6 Indicate the Town/City where the witness is a resident and pages must be numbered, in order and bound (no paper clips) when filed with the Orange County Board of Elections. 12

13 1 2 2 Independent Nominating Petition Sec , ELECTION LAW 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 7 th day of November, 2017, and that I select the name as the name of the independent body making the nomination (or nominations) and as the emblem of such body. Names of Candidate(s) Public Office Place of Residence (also P.O. address if not identical) County of Livingston, State of New York 3 I do hereby appoint (here insert the names 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. 4 Date Name of Signer (signature required) Residence Town or City 1. / /17 2. / /17 3. / /17 4. / /17 5. / /17 6. / /17 7. / /17 8. / /17 9. / / / / STATEMENT OF WITNESS I, (name of witness) state: I am a duly qualified voter of the State of New York. I now reside at (residence address) Each of the individuals whose names are subscribed to this petition sheet containing (fill in number) signatures, subscribed the same in my presence on the dates above indicated and identified himself or herself to be the individual who signed the 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 6 WITNESS IDENTIFICATION INFORMATION: The following information for the witness named above must be completed prior to filing with the Board of Elections in order for this petition sheet to be valid. Town or City County of Livingston Sheet # 13

14 Poll Watchers To ensure fair and honest elections, New York State law provides for appointing Poll Watchers to observe voting at the polls. Poll Watchers are designated by party chairman, candidates, or an independent body whose candidate is on the ballot. They are assigned to particular pollsites to observe the election and keep a record of attending voters on behalf of a particular candidate, political party, or organization. If they observe irregularities, they are to report these observations to either the Election Inspectors or the County Board of Elections. While keeping a voter list, they must not interfere with the election process. Each watcher must be a qualified voter of the city or county in which he/she is to serve. Poll Watchers must present a certificate in writing (issued by the chairman or secretary of the political party, independent body or candidate) to the Inspectors of the election district they are assigned to. Poll Watcher Certificates are available at the County Board of Elections and from your party Chairman. WATCHER CERTIFICATE FOR USE ON ELECTION DAY Section Election Law I/We, the undersigned, being of the party, (chair/candidates) of the party do hereby appoint (political party/ independent body) county of Livingston (watcher s name(s) to be a watcher for the election to be held on in the election district in village or town of (date of election) of the State of New York. Signature Title GUIDELINES Watchers shall be appointed by the chair of any party committee or independent body whose candidates names appear on the ballot or any two or more candidates in a primary election. Each watcher must be a qualified voter of the city or county in which he/she is to serve. Watcher certificates must be delivered to an inspector at the election district. Not more than three watchers for any party committee or independent body or candidates whose names appear on the ballot may be appointed to serve at the same election district. Watchers may be present at the polling place at least fifteen minutes before the unlocking and examinations of any voting machine or ballot box at the opening of the polls, until after the signing of the inspectors returns and proclamation of the result. Not more than one watcher appointed by each party committee or independent body or candidates whose names appear on the ballot may be within the guard rail at any one time. 14

15 Campaign Finance Disclosure All candidates and committees are responsible for tracking and reporting financial activity supporting the campaign. Three filings are required for each Election Cycle (Village, Primary, and General) that the candidate is involved in. Two additional Periodic filings are due January 15 th and July 15 th for all committees and any campaigns with open accounts. It is the obligation of a Committee (Treasurer) to register with the appropriate Board of Elections and disclose its receipts and expenditures. The Treasurer is legally responsible for filing all Committee Reports. Candidates running for a local position (in an area with less than 10,000 people) do not have to file any Financial Disclosure Statements if: a candidate or a committee taking part solely in his campaign in a city, town or village having a population of less than ten thousand unless the aggregate receipts of said candidate exceed one thousand dollars. (EL ) The candidate/ committee must file an Exemption Claim (CF-05) with the County Board of Elections. Candidates running for a local position (in an area with more than 10,000 people) may file In-Lieu-Of Statements (on the cover page of the report) for each filing period if: at the close of the Reporting Period neither the Total Receipts nor the Total Expenditures of the campaign have exceeded $1,000. A candidate or committee raising or spending more than $1,000 must: File all Financial Disclosures electronically with the State Board of Election Continue periodic financial filings with the State until the account is closed All candidates running for State Offices must register and file with the State Board of Elections. The forms required to register a candidate or committee, disclosure statements to report receipts and disbursements, and a calendar of filing dates, as well as a handbook of instructions, are available online at the New York State Board of Elections and at the Livingston County Board of Elections. Please call for more information. New York State Board of Elections: or Livingston County Board of Election: or

16 Livingston County Board of Elections The following is a list of the offices for the March 20, General Village Election in Livingston County, New York Subject to Change Village Office Current Office Holder Affilia on Length of Term Avon Jus ce Joseph F. Temperato Democra c 4 Year Trustee Timothy Batzel Republican 4 Year Trustee Mark McKeown Republican 4 Year Caledonia Mayor Deborah Davis Republican 4 Year Trustee Dorothy Grant Fletcher Republican 4 Year Trustee Polly Nothnagle Republican 4 Year Geneseo Mayor Richard B. Hatheway Republican 4 Year Jus ce Tom Bushnell Democra c 4 Year Jus ce Kathleen Houston Republican Unexpired Term Trustee Sandy Brennan Democra c 4 Year Trustee Margaret Duff Democra c 4 Year Leicester Mayor Barry F. Briffa Democra c 4 Year Trustee Michael Constan no Republican 4 Year Trustee Janet E. Green Democra c 4 Year Mt. Morris Jus ce Vacant Unexpired Term Trustee Vacant Unexpired Term Nunda Mayor Robert Cox Democra c 4 Year Jus ce James R. Mann, Jr. Republican 4 Year Trustee Fritz Amrhein Democra c 4 Year Trustee Darren Snyder Republican 4 Year 16

17 Livingston County Board of Elections The following is a list of the offices for the November 6, General Election in Livingston County, New York Subject to Change Federal/State/County/Town Office Current Office Holder Affiliation Federal United States Senate Length of Term Kristen Gillibrand Democratic 6 years Federal United States Congress Chris Collins Republican 2 years State Governor Andrew M. Cuomo Democratic 4 years State Lieutenant Governor Kathy C. Hochul Democratic 4 years State Comptroller Thomas P. DiNapoli Democratic 4 years State Attorney General Eric T. Schneiderman Democratic 4 years State Senate 57 th Catharine M. Young Republican 2 years State Senate 59 th Patrick M. Gallivan Republican 2 years State Assembly 133 rd Joe Errigo Republican 2 years County Clerk Mary F. Strickland Republican 4 years County Coroner Philip Grandshaw Republican 4 years Avon Council Jeannie D. Michalski Republican Unexpired Term Conesus Justice Raymond Mahoney Republican 4 years Geneseo Justice Robert A. Presutti Republican 4 years Mt. Morris Council David M. Provo Republican Unexpired Term State Committee County Committee Seats Democratic Conservative 17