S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9725

                          I N  A S S E M B L Y

                            January 20, 2010
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law, in relation  to  filing  a  notice  of
  intent to circulate nominating petitions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of section 6-104  of  the  election  law,  as
amended  by  chapter  79  of  the  laws  of  1992, is amended to read as
follows:
  6. The meeting of the state committee for the purpose  of  designating
candidates  shall  be  held  not earlier than twenty-one days before the
first day to [sign designating petitions] FILE A  NOTICE  OF  INTENT  TO
CIRCULATE  A  DESIGNATING  PETITION  and not later than the first day to
[sign designating petitions] FILE A NOTICE  OF  INTENT  TO  CIRCULATE  A
DESIGNATING PETITION for the primary election.
  S 2. Subdivision 1 of section 6-108 of the election law, as amended by
chapter 160 of the laws of 1996, is amended to read as follows:
  1.  In  any town in a county having a population of over seven hundred
fifty thousand inhabitants, as shown by the latest federal decennial  or
special  population  census,  party  nominations  of candidates for town
offices shall be made at the primary  preceding  the  election.  In  any
other  town, nominations of candidates for town offices shall be made by
caucus or primary election as the rules of the  county  committee  shall
provide, except that the members of the county committee from a town may
adopt  by  a two-thirds vote, a rule providing that the party candidates
for town offices shall be nominated at the primary election. If  a  rule
adopted  by  the county committee of a political party or by the members
of the county committee from a town, provides that party candidates  for
town  offices, shall be nominated at a primary election, such rule shall
not apply to nor affect a primary held less than  four  months  after  a
certified  copy  of  the  rule  shall  have been filed with the board of
elections. After the filing of such a rule, the rule shall  continue  in
force until a certified copy of a rule revoking the same shall have been
filed  with such board at least four months before a subsequent primary.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14973-02-0

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Such a caucus shall be held no earlier  than  the  first  day  on  which
[designating  petitions]  NOTICE  OF  INTENT  TO CIRCULATE A DESIGNATING
PETITION for the fall primary election may be [signed] FILED.
  S  3.  Section 6-116 of the election law, as amended by chapter 373 of
the laws of 1978, is amended to read as follows:
  S 6-116. Party nominations; election to fill a vacancy. A party  nomi-
nation  of  a  candidate  for  election to fill a vacancy in an elective
office required to be filled at the  next  general  election,  occurring
after  seven  days  before  the  last  day  for [circulating designating
petitions] FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION
or after the holding of the meeting or convention to nominate or  desig-
nate  candidates  for  such, shall be made, after the day of the primary
election, by a majority vote of a quorum of the state committee  if  the
vacancy occurs in an office to be filled by all voters of the state, and
otherwise  by  a  majority  vote  of a quorum of the members of a county
committee or committees last elected in  the  political  subdivision  in
which  such  vacancy  is  to  be  filled, or by a majority of such other
committee as the rules of the party may provide. A certificate of  nomi-
nation shall be filed as provided for herein.
  S 4. Section 6-118 of the election law, as amended by chapter 9 of the
laws of 1978, is amended to read as follows:
  S  6-118.  Designation and nomination by petition. Except as otherwise
provided by this article, the designation of a candidate for party nomi-
nation at a primary election and  the  nomination  of  a  candidate  for
election  to  a party position to be elected at a primary election shall
be by FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION  AND
PAYING  A  FEE  OF FIVE HUNDRED DOLLARS TO THE BOARD OF ELECTIONS AND BY
designating petition.
  S 5. The election law is amended by adding a new section 6-117 to read
as follows:
  S 6-117. NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION. 1.    A
NOTICE  OF INTENT TO CIRCULATE A DESIGNATING PETITION, WITH ALL REQUIRED
INFORMATION CONTAINED THEREIN, SHALL BE FILED IN  THE  SAME  PLACES  AND
MANNER  AS  PROVIDED  FOR  DESIGNATING  PETITIONS, AND SHALL BE FILED NO
EARLIER THAN THIRTY DAYS  BEFORE  THE  FIRST  DAY  TO  SIGN  DESIGNATING
PETITIONS  AND  NO  LATER  THAN  SEVEN DAYS BEFORE THE FIRST DAY TO SIGN
DESIGNATING PETITIONS.
  2. A FEE OF FIVE HUNDRED  DOLLARS  SHALL  BE  PAID  TO  THE  BOARD  OF
ELECTIONS  AT  THE  TIME  OF  FILING THE NOTICE OF INTENT TO CIRCULATE A
DESIGNATING PETITION WITH THE BOARD OF ELECTIONS.
  3. IF ONLY ONE PERSON FROM A PARTY HAS FILED A  NOTICE  OF  INTENT  TO
CIRCULATE  A DESIGNATING PETITION FOR A PARTICULAR POSITION AND PAID THE
REQUISITE FEE TO THE BOARD OF ELECTIONS THEN THAT PERSON SHALL BE  NAMED
ON  THE  BALLOT  WITHOUT HAVING TO CIRCULATE A DESIGNATING PETITION. FOR
THE PURPOSES OF THIS TITLE, A PERSON WHO IS NAMED ON THE BALLOT  WITHOUT
HAVING  TO CIRCULATE A DESIGNATING PETITION SHALL BE CONSIDERED AS BEING
NOMINATED BY PETITION.
  4. THE STATE BOARD OF ELECTIONS SHALL  PREPARE  A  SAMPLE  FORM  OF  A
NOTICE  OF  INTENT  TO  CIRCULATE A DESIGNATING PETITION WHICH MEETS THE
REQUIREMENTS OF THIS SECTION AND SHALL DISTRIBUTE OR CAUSE SUCH FORMS TO
BE DISTRIBUTED TO EACH BOARD OF ELECTIONS.  SUCH  FORMS  SHALL  BE  MADE
AVAILABLE  TO  THE PUBLIC, UPON REQUEST, BY THE STATE BOARD OF ELECTIONS
AND EACH SUCH BOARD. ANY NOTICE OF INTENT  TO  CIRCULATE  A  DESIGNATING
PETITION  THAT  IS  A  COPY OF SUCH A SAMPLE SHALL BE DEEMED TO MEET THE
REQUIREMENTS OF FORM OF A NOTICE OF INTENT TO  CIRCULATE  A  DESIGNATING
PETITION.

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  5.  A  NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION MAY DESIG-
NATE CANDIDATES FOR NOMINATION FOR ONE OR MORE DIFFERENT PUBLIC  OFFICES
OR  FOR  NOMINATION FOR ELECTION TO ONE OR MORE PARTY POSITIONS OR BOTH,
BUT DESIGNATIONS OR NOMINATIONS FOR WHICH THE NOTICES ARE REQUIRED TO BE
FILED  IN  DIFFERENT  OFFICES  OR  NOTICES FOR THE SAME PUBLIC OFFICE OR
PARTY POSITION IN DIFFERENT POLITICAL SUBDIVISIONS MAY NOT  BE  COMBINED
IN  THE SAME NOTICE. IF TWO OR MORE OFFICES HAVING THE SAME TITLE ARE TO
BE FILLED FOR DIFFERENT TERMS, THE TERMS OF OFFICE SHALL BE INCLUDED  AS
PART OF THE TITLE OF THE OFFICE.
  6.  NOTICES  OF  INTENT  TO  CIRCULATE A DESIGNATING PETITION SHALL BE
DELIVERED TO THE BOARD OF ELECTIONS IN THE MANNER  PRESCRIBED  BY  REGU-
LATIONS THAT SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS.  SUCH
REGULATIONS  SHALL  BE  NO MORE RESTRICTIVE THAN IS REASONABLY NECESSARY
FOR THE PROCESSING OF SUCH NOTICES BY THE  BOARD  OF  ELECTIONS.    SUCH
REGULATIONS  SHALL  BE  BINDING ON THE BOARDS OF ELECTION IN EACH COUNTY
AND IN THE CITY OF NEW YORK. WHEN A DETERMINATION IS MADE THAT A  NOTICE
OF  INTENT TO CIRCULATE A DESIGNATING PETITION DOES NOT COMPLY WITH SUCH
REGULATIONS, THE CANDIDATE SHALL HAVE THREE BUSINESS DAYS FROM THE  DATE
OF SUCH DETERMINATION TO CURE THE VIOLATION.
  S 6. Subdivision 3 of section 6-120 of the election law, as amended by
chapter 226 of the laws of 1982, is amended to read as follows:
  3.  The  members  of  the  party  committee representing the political
subdivision of the office for which a designation or nomination is to be
made, unless the rules of the party provide for  another  committee,  in
which case the members of such other committee, and except as hereinaft-
er  in  this subdivision provided with respect to certain offices in the
city of New York, may, by a majority vote of those present at such meet-
ing provided a quorum is present, authorize  the  designation  or  nomi-
nation  of a person as candidate for any office who is not enrolled as a
member of such party as provided in this section. In the event that such
designation or nomination is for an office  to  be  filled  by  all  the
voters of the city of New York, such authorization must be by a majority
vote  of those present at a joint meeting of the executive committees of
each of the county committees of the party within the city of New  York,
provided a quorum is present at such meeting. The certificate of author-
ization  shall  be  filed not later than four days after the last day to
file the NOTICE OF INTENT TO CIRCULATE A designating  petition,  certif-
icate of nomination or certificate of substitution to which such author-
ization  relates.  The  certificate of authorization shall be signed and
acknowledged by the presiding officer and the secretary of  the  meeting
at which such authorization was given.
  S  7.  Section 6-144 of the election law, as amended by chapter 635 of
the laws of 1990, the opening paragraph as amended by chapter 150 of the
laws of 1996, is amended to read as follows:
  S 6-144. Nominating and designating petitions and certificates;  place
for  filing.   Petitions, NOTICES, FEES, certificates and minutes speci-
fied in this article shall be filed in the office of the  [Board]  BOARD
of  [Elections]  ELECTIONS  of  the  county, except as follows:   for an
office or position to be voted for wholly within the city of  New  York,
in  the  office  of  the  [Board] BOARD of [Elections] ELECTIONS of that
city; for an office or position to be voted for in  a  district  greater
than  one  county, or portions of two or more counties, in the office of
the state board of elections; for a village office to  be  filled  in  a
village  election not conducted by the board of elections, in the office
of the village clerk. All such petitions, NOTICES, FEES and certificates
shall at the time of filing thereof be endorsed by such officer or board

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with the day, hour and minute of such  filing.  Such  officer  or  board
shall  keep  a  book,  which shall be open to public inspection in which
shall be entered the times of filing all such petitions, NOTICES,  FEES,
and certificates; the names and residences of all candidates named ther-
ein;  the names and residences of all candidates certified to such offi-
cer or board; the title of the office or party position; the name of the
party or independent body to which the  petition,  NOTICE,  AND  FEE  or
certificate relates and a memorandum of any objections to such petition,
NOTICE, or certificate. Forthwith upon the filing of a petition, NOTICE,
AND FEE or certificate designating or nominating a person or persons for
public  office,  such officer or board shall mail notice thereof to each
such person. Such notice shall also state the last day to  decline  such
designation  or nomination, and include a statement that the candidate's
name shall appear on the ballot as it appears in such notice.
  S 8. Section 6-154 of the election law, subdivision 2  as  amended  by
chapter 248 of the laws of 1981, is amended to read as follows:
  S  6-154. Nominations and designations; objections to. 1. Any petition
OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION filed  with  the
officer or board charged with the duty of receiving it shall be presump-
tively  valid  if it is in proper form and appears to bear the requisite
number of signatures, authenticated in a manner prescribed by this chap-
ter.
  2. Written objections to any certificate of designation or  nomination
or  to  a nominating or designating petition, NOTICE OF INTENT TO CIRCU-
LATE A DESIGNATING PETITION or a petition for opportunity to ballot  for
public  office  or  to  a  certificate  of  acceptance, a certificate of
authorization, a certificate of declination or a certificate of  substi-
tution relating thereto may be filed by any voter registered to vote for
such  public office and to a designating petition OR NOTICE OF INTENT TO
CIRCULATE A DESIGNATING PETITION or a petition for opportunity to ballot
for party position or a certificate of substitution,  a  certificate  of
acceptance or a certificate of declination relating thereto by any voter
enrolled to vote for such party position. Such objections shall be filed
with  the  officer or board with whom the original petition OR NOTICE OF
INTENT TO CIRCULATE A DESIGNATING PETITION or certificate is filed with-
in three days after the filing of the petition OR NOTICE  OF  INTENT  TO
CIRCULATE  A  DESIGNATING  PETITION or certificate to which objection is
made, or within three days after the last day to  file  such  a  certif-
icate,  if  no such certificate is filed except that if any person nomi-
nated by an independent nominating petition, is  nominated  as  a  party
candidate  for  the same office by a party certificate filed, or a party
nomination made after the filing of such petition, the written objection
to such petition may be filed within three days after the filing of such
party certificate or the making of such party nomination.  When such  an
objection  is  filed,  specifications  of  the grounds of the objections
shall be filed within six days thereafter with the same officer or board
and if specifications are not timely filed, the objection shall be  null
and  void.  Each such officer or board is hereby empowered to make rules
in reference to the filing and disposition of such petition,  NOTICE  OF
INTENT  TO CIRCULATE A DESIGNATING PETITION, certificate, objections and
specifications.
  3. When a determination is made that  a  certificate  or  petition  OR
NOTICE  OF  INTENT  TO CIRCULATE A DESIGNATING PETITION is insufficient,
such officer or board shall give notice of the  determination  forthwith
by  mail to each candidate named in the petition, NOTICE or certificate,

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and, if the determination is made upon specified objections, the  objec-
tor shall be notified.
  S  9.  The  section  heading  and  subdivision  1 section 6-158 of the
election law, subdivision 1 as amended by chapter 434  of  the  laws  of
1984, are amended to read as follows:
  Nominating  and designating petitions, NOTICE OF INTENT TO CIRCULATE A
DESIGNATING PETITION and certificates, conventions; times for filing and
holding. 1. (A) A designating petition shall be filed not  earlier  than
the tenth Monday before, and not later than the ninth Thursday preceding
the primary election.
  (B)  A  NOTICE  OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
FILED NOT EARLIER THAN THIRTY DAYS BEFORE, AND NOT LATER THAN SEVEN DAYS
BEFORE, THE FIRST DAY TO SIGN A DESIGNATING PETITION.
  S 10. Subdivision 3 of section 6-168 of the election law, as added  by
chapter 143 of the laws of 1979, is amended to read as follows:
  3. If, at any primary election in which more than one nomination is to
be  made  for  the office of judge of the civil court of the city of New
York in any borough of such city or in any civil court  district  within
any such borough, only one candidate is designated for any such vacancy,
such  candidate  shall be deemed nominated and his name shall not appear
upon the primary ballot unless a NOTICE OF INTENT TO CIRCULATE A  DESIG-
NATING  PETITION  AND, IF REQUIRED, A petition for opportunity to ballot
for such vacancy is filed pursuant to the provisions of this chapter.
  S 11. Section 1-106 of the election law, subdivision 1 as  amended  by
chapter 700 of the laws of 1977, is amended to read as follows:
  S 1-106. Filing of papers; when received. 1. All papers required to be
filed pursuant to the provisions of this chapter shall, unless otherwise
provided,  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  that all certificates and petitions of designation or
nomination, NOTICES OF  INTENT  TO  CIRCULATE  A  DESIGNATING  PETITION,
certificates of acceptance or declination of such designations and nomi-
nations,  certificates  of  substitution  for such designations or nomi-
nations and objections and specifications of objections to such  certif-
icates and petitions 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 the last day to file any such  NOTICE,  petition,
certificate  or  objection and such office shall be open for the receipt
of such NOTICES, petitions, certificates and objections  until  midnight
on  the  last  day  to  file  any  such NOTICE, petition, certificate or
objection. Failure of the post office or any other person or  entity  to
deliver any such NOTICE, petition, certificate or objection to such city
board of elections on or before such last day shall be a fatal defect.
  2. The failure to file any NOTICE, petition or certificate relating to
the  designation  or  nomination  of  a  candidate for party position or
public office or to the acceptance or declination of such designation or
nomination within the time prescribed by the provisions of this  chapter
shall be a fatal defect.
  S  12.  Subdivisions  6  and 6-a of section 3-220 of the election law,
subdivision 6 as amended by chapter 163 of the laws of 1994, and  subdi-
vision  6-a  as added by chapter 324 of the laws of 1977, are amended to
read as follows:

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  6. All petitions, NOTICES, certificates, objections or papers filed or
deposited with a board or officer before  an  election  or  primary  and
relating  to  designations  or  nominations,  and  all registers, books,
statements, returns or papers so filed or deposited after  registration,
enrollment, election or primary at which they were used or to which they
relate,  not  including,  however, the voted, unused, protested, void or
wholly blank ballots, shall be preserved by such board or officer for at
least two years after the receipt thereof and until the determination of
any action or proceeding touching the same or in which they are  ordered
to  be  preserved pending the action or proceeding and at the expiration
of such time they may be either destroyed or sold. Lists  of  registered
voters  with  computer  generated  facsimile  signatures used in lieu of
registration poll records at any election shall be preserved  until  the
end  of the fourth calendar year after the year of such election. In all
jurisdictions, the original statements of  results  made  by  the  state
board  of  canvassers  or  a  county or city board of canvassers and any
original record specifying the name of a person declared  to  have  been
elected  to  a public office shall not be destroyed or sold but shall be
preserved, as part of the records of such board or officer, until other-
wise provided by law.
  6-a. During the period prescribed by subdivision six of this  section,
no  petition  OR NOTICE shall be removed from the office of the board of
elections for copying or any other purpose except while in the  custody,
or under the supervision of a member or employee of such board or pursu-
ant to court order.
  S  13.  Subdivision  3 of section 3-502 of the election law, as renum-
bered by chapter 180 of the laws of 2005, is amended to read as follows:
  3. All petitions, NOTICES and certificates  of  nomination  or  desig-
nation, or of declination thereof, for an election to which this section
applies,  and  all  statements  of receipts and expenditures relating to
such an election, required to be filed with any officer of Nassau  coun-
ty,  or  political  subdivision therein shall be filed with the board of
elections.
  S 14. Subdivision 3 of section 3-504 of the election  law,  as  renum-
bered by chapter 180 of the laws of 2005, is amended to read as follows:
  3.  All  petitions,  NOTICES  and certificates of nomination or desig-
nation, or of declination thereof, for an election to which this section
applies, and all statements of receipts and expenditures required to  be
filed with any officer of Suffolk county, or political subdivision ther-
ein shall be filed with the board of elections.
  S 15. The section heading and subdivisions 1 and 2 of section 6-210 of
the  election  law,  as  added  by  chapter 359 of the laws of 1989, are
amended to read as follows:
  Petitions, NOTICES and certificates; place and times  for  filing.  1.
Petitions,  NOTICES  and  certificates  specified in this title shall be
filed with the county board of elections.
  2. a. A certificate of party nomination for an office to be filled  at
the  time  of a general or special village election for offices shall be
filed not earlier than fifty-four days nor later than  forty-seven  days
preceding the election.
  b.  A  certificate  of acceptance or declination of a party nomination
for an office to be filled at the time of a general or  special  village
election  shall  be  filed  not later than forty-four days prior to such
election.
  c. A certificate to fill a vacancy caused by declination  of  a  party
nomination  for  an  office  to  be  filled  at the time of a general or

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special village election shall be filed not later  than  forty-one  days
prior to such election.
  d.  A  NOTICE  OF  INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
FILED NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN  DAYS  PRIOR  TO
THE START OF PETITIONING.
  E. Party designating petitions for a village primary election shall be
filed not earlier than twenty-two days nor later than fifteen days prior
to  the  primary  election.   Upon such a filing, the board of elections
shall immediately notify the village election chairman of such party and
the person or persons designated in such petition of the  fact  of  such
filing and that such petition may be inspected in its office.
  [e.]  F.  A  written  declination of a party designation must be filed
within three days of the date of the filing of the designating petition.
Upon the filing of such declination, the board of elections shall, with-
in one day notify the committee to fill vacancies named in the petition.
A certificate to fill the vacancy caused by a declination or  any  other
reason  must  be filed within three days after the date of the notice to
the committee to fill vacancies and  shall  have  appended  thereto  the
written consent of the person or persons designated.
  S  16.  Section  6-212 of the election law, as added by chapter 359 of
the laws of 1989, is amended to read as follows:
  S 6-212. Designations and nominations, objections. Written  objections
to a nominating or designating petition, NOTICE OF INTENT TO CIRCULATE A
DESIGNATING  PETITION, or to a certificate of nomination, certificate of
acceptance, certificate of authorization, certificate of declination  or
certificate  of substitution with respect to an office to be filled at a
general or special village election may be filed not later than the  day
after  the last day to file such petition, NOTICE OF INTENT TO CIRCULATE
A DESIGNATING PETITION, or certificate, or the day after such  petition,
NOTICE  OF INTENT TO CIRCULATE A DESIGNATING PETITION, or certificate is
received by the board of elections if such petition, NOTICE OF INTENT TO
CIRCULATE A DESIGNATING PETITION, or certificate is  mailed  within  the
time permitted by law, whichever is later. Written specifications of the
grounds  for such objections shall be so filed within two days thereaft-
er. A failure to file  such  written  specifications  shall  render  the
original  objection  null  and  void. Upon receipt of written specifica-
tions, the county board  of  elections  shall  immediately  notify  each
candidate named in such petition, NOTICE OF INTENT TO CIRCULATE A DESIG-
NATING  PETITION,  or  certificate  and  take  all  steps  necessary and
consistent with this chapter to render a determination on the  questions
raised  in  such objections and specifications. When a determination has
been made by the county board of elections that the petition, NOTICE  OF
INTENT  TO  CIRCULATE  A DESIGNATING PETITION, is sufficient or insuffi-
cient, it shall immediately notify each candidate named in the petition,
NOTICE OF INTENT TO CIRCULATE A DESIGNATING  PETITION,  or  certificate,
and, if such determination was made on objection, the objector.
  S 17. Paragraphs (c) and (d) of subdivision 1, paragraph (e) of subdi-
vision  2  and  paragraph  (b)  of subdivision 3 of section 7-114 of the
election law, paragraph (c) of subdivision 1 as amended by  chapter  433
of the laws of 1984, paragraph (d) of subdivision 1 as amended and para-
graph  (e) of subdivision 2 as added by chapter 234 of the laws of 1976,
and paragraph (b) of subdivision 3 as added by chapter 92 of the laws of
2001, are amended to read as follows:
  (c) Where a candidate for nomination for the same public office or for
election to the same  party  position  is  designated  by  two  or  more

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petitions  OR  NOTICES, his name shall be placed upon the ballot for the
primary election but once as such a candidate.
  (d) The ballot shall not contain a space for voting for candidates for
uncontested  offices and positions, and no ballot shall be printed for a
party whose primary is uncontested unless a [petition for opportunity to
ballot] NOTICE OF INTENT TO CIRCULATE A DESIGNATING  PETITION  has  been
filed.
  (e)  The  names  of candidates on paper ballots shall be numbered with
arabic numerals printed in heavy faced type beginning with "one" for the
first candidate named in the first  part  and  continuing  in  numerical
order to and including the last candidate named in the last part, except
that where two or more candidates are to be elected to a party position,
the  names  of candidates designated by each petition OR NOTICE shall be
grouped, and each group shall have but one number, which shall be print-
ed opposite the approximate center of the group.
  (b) shall provide a slot or device to permit voters  to  write-in  the
name  of  an  undesignated person with respect to only such election for
party position for which a valid petition for an opportunity  to  ballot
OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION has been filed.
  S 18. Paragraph a of subdivision 3 and subdivision 7 of section 15-108
of  the election law, paragraph a of subdivision 3 as amended by chapter
447 of the laws of 2006, subdivision 7 as amended by chapter 462 of  the
laws  of 1977 and paragraph (e) of subdivision 7 as amended by chapter 9
of the laws of 1978, are amended to read as follows:
  a. Party designations for elective village offices shall be made  [on]
BY  FILING  A  NOTICE  OF INTENT TO CIRCULATE A DESIGNATING PETITION AND
PAYING A FEE OF FIVE HUNDRED DOLLARS. IF MORE THAN  ONE  PERSON  FROM  A
PARTICULAR  PARTY  FILES  A  NOTICE OF INTENT TO CIRCULATE A DESIGNATING
PETITION FOR A PARTICULAR POSITION THEN a designating petition  contain-
ing the signatures in ink of residents of the village who are registered
to  vote  with  the appropriate county board of elections at the time of
signing and who are enrolled in such political  party  SHALL  BE  FILED.
The  sheets of such a petition shall be numbered. Such petition must set
forth in each instance the correct date of  signing,  the  name  of  the
signer, and his or her present address, and may set forth a committee to
fill  vacancies  consisting  of  at  least three qualified voters of the
village enrolled in such party and their residence within the village. A
signer need not himself or herself fill in the date or  residence.  Each
sheet  of  such petition must be in substantially the following form and
shall contain all the information required therein:

                       PARTY DESIGNATING PETITION

  I, the undersigned do hereby state that I am a registered voter of the
Village of ...... and a duly enrolled voter  of  the ........ party  and
entitled  to  vote  at  the next primary election of such party, that my
place of residence is truly stated opposite my signature hereto,  and  I
hereby  designate the following named person (or persons) as a candidate
(or candidates) for nomination of such party for the public  office  (or
public  offices)  to  be voted for at the primary election to be held on
the ...... day of ........... 20.... as hereinafter specified.

    Name of Candidate     Public Office      Term       Residence

  ....................  .................   .......   ...............
  ....................  .................   .......   ...............

A. 9725                             9

  I do hereby appoint (insert 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.

    Date             Name            Residence

  .............    .............   ...............
  .............    .............   ...............

                          STATEMENT OF WITNESS

  I ............... (name of witness) state: I am a duly qualified voter
of the State of New York; and an enrolled voter  of  the ......... party
and  now reside in the Village of ......... County of ......... State of
New York at ............ (residence  address)  therein.    Each  of  the
persons   whose   names   are   subscribed   to   this   petition  sheet
containing ......... signatures, subscribed his or her name in my  pres-
ence.
  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
                        page no. .........

  7. a. A certificate of party nomination for an office to be filled  at
the  time  of a general or special village election for offices shall be
filed not earlier than fifty-four days nor later than  forty-seven  days
preceding the election.
  b.  A  certificate  of acceptance or declination of a party nomination
for an office to be filled at the time of a general or  special  village
election  shall  be  filed  not later than forty-four days prior to such
election.
  c. A certificate to fill a vacancy caused by declination  of  a  party
nomination  for  an  office  to  be  filled  at the time of a general or
special village election shall be filed not later  than  forty-one  days
prior to such election.
  d.    A  NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
FILED AND A FEE OF FIVE HUNDRED DOLLARS SHALL BE PAID IN THE  OFFICE  OF
THE VILLAGE CLERK NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN DAYS
PRIOR TO THE FIRST DAY TO SIGN DESIGNATING PETITIONS.
  E. Party designating petitions for a village primary election shall be
filed  in  the  office  of the village clerk not earlier than twenty-two
days nor later than fifteen days prior to  the  primary  election.  Upon
such  a  filing,  the village clerk shall immediately notify the village
election chairman of such party and the person or persons designated  in
such  petition  of the fact of such filing and that such petition may be
inspected in his office.
  [(e)] F. A written declination of a party designation must be filed in
the office of the village clerk within three days of  the  date  of  the
filing  of  the designating petition.   Upon the filing of such declina-
tion, the village clerk shall, within one day notify  the  committee  to

A. 9725                            10

fill vacancies named in the petition.  A certificate to fill the vacancy
caused  by  a  declination  or  any  other reason must be filed with the
village clerk within three days after the date  of  the  notice  to  the
committee  to fill vacancies and shall have appended thereto the written
consent of the person or persons designated.
  S 19. Subdivisions 1 and 2 of section  16-102  of  the  election  law,
subdivision 1 as amended by chapter 373 of the laws of 1978 and subdivi-
sion 2 as amended by chapter 79 of the laws of 1992, are amended to read
as follows:
  1.  The  nomination  or  designation  of  any candidate for any public
office or party position or any independent nomination, or  the  holding
of  an  uncontested  primary  election,  by  reason of a petition for an
opportunity to ballot OR NOTICE OF INTENT  TO  CIRCULATE  A  DESIGNATING
PETITION  having  been filed, or the election of any person to any party
position may be contested in a  proceeding  instituted  in  the  supreme
court  by  any  aggrieved  candidate,  or  by  the chairman of any party
committee or by a person who shall have filed objections, as provided in
this chapter, except that the chairman of  a  party  committee  may  not
bring  a  proceeding  with respect to a designation or the holding of an
otherwise uncontested primary.
  2. A proceeding with respect to a petition OR NOTICE shall  be  insti-
tuted  within  fourteen  days after the last day to file the petition OR
NOTICE, or within three business days after the officer  or  board  with
whom  or  which such petition OR NOTICE was filed, makes a determination
of invalidity with respect to such  petition  OR  NOTICE,  whichever  is
later; except that a proceeding with respect to a petition OR NOTICE for
a  village  election or an independent nomination for a special election
shall be instituted within seven days after the last  day  to  file  the
petition  OR  NOTICE for such village election or independent nomination
or within three business days after the officer or board  with  whom  or
which  such petition OR NOTICE was filed, makes a determination of inva-
lidity with respect to such petition OR NOTICE, whichever  is  later.  A
proceeding  with  respect  to  a primary, convention, meeting of a party
committee, or caucus shall be instituted within ten days after the hold-
ing of such primary or convention or the filing of  the  certificate  of
nominations made at such caucus or meeting of a party committee.
  S  20. This act shall take effect immediately; provided, however, that
the amendments to paragraph (b) of subdivision 3 of section 7-114 of the
election law made by section seventeen of this act shall not affect  the
repeal of such subdivision and shall be deemed to be repealed therewith.