S T A T E   O F   N E W   Y O R K
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                                   242

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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 enacting the  "nominat-
  ing petitions streamlining act"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "nominating petitions streamlining act".
  S 2. 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

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

                                                           LBD01415-01-1

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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.
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

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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.
  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

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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
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.

A. 242                              5

  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,
and,  if the determination is made upon specified objections, the objec-
tor shall be notified.
  S 9. The section heading and subdivision 1 of  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.

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  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:
  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

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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  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  and  paragraph  (e)  of
subdivision  2  of  section  7-114 of the election law, paragraph (c) of
subdivision 1 as amended by chapter 433 of the laws of  1984  and  para-
graph (d) of subdivision 1 as amended and paragraph (e) of subdivision 2
as  added  by  chapter  234  of the laws of 1976, are amended to read as
follows:

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  (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
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.
  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

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

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  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. 242                             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.