New York state improved one ballot access law several months ago. Thanks to Richard Cooper for this belated news. On July 28, the Governor signed S1366. It deletes the requirement that an independent candidate’s petition must include language that the circulator is a registered voter in the district that the candidate is running in.

In 2000, the 2nd Circuit ruled that it is unconstitutional for the state to require circulators of petitions to get someone on a primary ballot to be a registered voter in that district. And in 2004, a U.S. District Court in New York said it is also unconstitutional for the state to require circulators of independent candidate petitions to be a registered voter in that district. But, the legislature never changed either law. However, it has now changed the law relating to circulators for independent candidate petitions.

In the interim, the disconnect between the actual law (as determined by courts) and what the state petition forms said on them about the circulator, caused problems. In 2005 the highest state court in New York kept a candidate off the general election ballot because her circulator had scratched off the invalid language on the state-printed petition forms. The Court said it was true that the circulator was free to circulate the petition, even though he didn’t live in the district. But it said it was also true that circulators cannot alter the state forms, unless they explain why, and since the circulator had merely scratched off the language saying under penalty of perjury that he lived in the district, but didn’t write a note on each petition form saying why he was scratching it off, that his work was invalid. That case was McGuire v Gamache, 840 NE 2d 107. The vote on the State Court of Appeals was 5-2.

When S.1366 passed the legislature this year, eleven members of the Assembly voted “No.” Thanks to Richard Cooper for this news.