BILL NUMBER: S9337
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to actions
or proceedings involving section one of article nineteen of the state
constitution
 
PURPOSE:
This bill prevents forum shopping in actions or proceedings related to
constitutional amendments.
 
SUMMARY OF PROVISIONS:
Section 1 creates a new Section 5-516 of the Civil Practice Law And
Rules that requires actions or proceedings related to constitutional
amendments to be brought in the following courts depending on the judi-
cial department in which at least one plaintiff is located. For the
first judicial department: New York county; for the second judicial
department: Westchester county; for the third judicial department: Alba-
ny county; and for the fourth judicial department: Erie county. It also
clarifies that this includes actions or proceedings involving responsive
claims from any party involved in the case related to a constitutional
amendment.
Section 2 is the effective date.
 
JUSTIFICATION:
This bill attempts to reduce the partisan gamesmanship that can occur in
litigation related to constitutional amendments. Currently, it is far
too easy for those seeking to destabilize the constitutional amendment
process to do so through frivolous litigation. This bill aims to reduce
that and prevent forum shopping by designating one court in each judi-
cial department in the state as the appropriate venue for challenges to
the election law.
 
LEGISLATIVE HISTORY:
New bill.
 
STATE AND LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.