How to collect signatures on independent nominating petitions.
Helpful tips for successful petitioning.
Suggested responses to questions commonly asked of petitioners.
Darin Robbins is our 2010 Steuben County petition
coordinator and Michael O'Neil is our 2010 NYS
petition coordinator.
Please contact them
at (607)-936-3294 or (
917) 825-3562, if you
have any questions about petitioning or where to send the signatures you have collected.
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2010 Petitioning Requirements
Because the Green Party of New York State
does not currently have ballot status,
Green Party
candidates in
2010
must file independent nominating petitions.
The New York Election Law requirements
for independent nominating petitions are
set forth below. For information on how
to
petition,
check out our petitioning
guidelines.
Click here for
the 2010 Green Party statewide nominating
petition in PDF format. Sample
petition forms are also available on
the Board of Elections
website.
Signature Requirements
The minimun number of signatures required on independent nominating
petitions, are set forth in Sec. 6-142 of the Election Law:
- 5% of the total number of votes, excluding blank and void, cast for
the office of governor at the last gubernatorial (2002) election in
the political unit
- except that not more than 3,500
signatures shall be required on a petition for any office to be filled
in any political subdivision outside the City of New York,
- and not more than the following for any office to be voted for by
all the voters of:
the entire state - 15,000 (with at least 100 from each
of one-half of the congressional districts)
- any county or portion thereof outside the city of New York -
1,500
- the City of New York - 7,500
- any county or borough or any two counties or boroughs within the City
of New York - 4,000
- any municipal court district - 3,000
- any city council district in New York City - 2,700
- any congressional district - 3,500
- any state senatorial district - 3,000
- any assembly district - 1,500
- the office of trustee of the Long Island Power Authority -
500
- any political subdivision contained within another, except as provided
otherwise herein, the number required is not to exceed the number required
for the larger subdivision
Form of Petitions
The New York Election Law requires that all petitions be substantially
in the form set forth in the law. Deviations or slight rearrangements
of the form of petition are not fatal defects, provided that the petition
contains all of the required information.
Green Party candidates must comply with
the requirements for independent nominating
petitions set forth in section 6-140 of
the Election
Law. These requirements are as follows.
Each sheet of the petition must correctly set forth:
- the date of the election;
- 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 and
- information relating to the person who witnesses the signatures.
A petition may include a committee on 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, then 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.
Witnesses to a Petition
Section 6-140 of the New York Election
Law provides that anyone who is a duly
qualified
voter of the state
may
witness a petition. The applicable provision
of the New York Election Law was amended
by the state legislature in 2009
to conform
with the decision and order entered by
the U.S. District
Court for the
Eastern District of New York in Chou v. New
York
State Board of Elections, 332 F.
Supp. 2d 510 (2004), which held that the requirement
that the witness to an
independent nominating petition be a resident of
the political subdivision wherein the
candidate is seeking election is unconstitutional.
The
named plaintiff in the Chou case was Evergreen
Chou, a Green Party candidate from NYC who was
represented by the Brennan Center.
The information required in 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.
Cover Sheets
If there are 10 or more pages in a petition, there must be a cover sheet.
In New York City, and in other counties where identification numbers are
used, only one cover sheet is required, regardless of the number of volumes
in the petition. In all other instances, a multi-volume petition requires
a cover sheet for each volume.
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 OR identification number of that volume.
- The total number of volumes in each petition OR the identification
number for each volume of the petition.
The following information is optional:
The name, 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 State Board of Elections.
Pursuant to Part 6215 of the rules and regulations of the State Board
of Elections, the Board will provide notice of any correctable errors
in cover sheet(s) and binding.
Filing of Petitions, Acceptances and Declinations
All filings must be filed timely (See the Political
Calendar) and in the proper manner at the appropriate board of elections.
Pursuant to section 1-106(1) of the New York State Election Law, all papers
are required to be filed between the hours of nine A.M. and five P.M.
If the last day for filing shall fall on a Saturday, Sunday or legal holiday,
the next business day shall become 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,
except any documents that are required to be filed with the board of elections
of the city of New York must be actually received by such city board of
elections on or before midnight of the last day to file any such document.
Failure to do so shall be a fatal defect.
No filings will be accepted by facsimile or e-mail.
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 (1 day in a village
election). Specifications of objections must be filed within 6 days of
filing the general objections (2 days in a village election). For petitions
filed with the 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 Election Law
§6-154 and §15-108 and Part 6204 of the rules and regulations of the State
Board of Elections.
Click here to view New York Election
Law.
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