S T A T E O F N E W Y O R K
________________________________________________________________________
5698
2011-2012 Regular Sessions
I N A S S E M B L Y
February 25, 2011
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Introduced by M. of A. MILLMAN, RAMOS -- (at request of the Governor) --
read once and referred to the Committee on Election Law
AN ACT to amend the public officers law and the election law, in
relation to time frames within certain actions must be taken
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 42 of the public officers law, as
amended by chapter 105 of the laws of 1943, is amended to read as
follows:
3. Upon the failure to elect to any office, except that of governor or
lieutenant-governor, at a general or special election, at which such
office is authorized to be filled, or upon the death or disqualification
of a person elected to office before the commencement of his OR HER
official term, or upon the occurrence of a vacancy in any elective
office which cannot be filled by appointment for a period extending to
or beyond the next general election at which a person may be elected
thereto, the governor may in his OR HER discretion make proclamation of
a special election to fill such office, specifying the district or coun-
ty in which the election is to be held, and the day thereof, which shall
be not less than [thirty] SEVENTY nor more than [forty] EIGHTY days from
the date of the proclamation.
S 2. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 434 of the laws of 1984, is amended to read as follows:
1. The state board of elections not later than thirty-six days before
a general election, or [thirteen] FIFTY-THREE days before a special
election, shall certify to each county board of elections the name and
residence of each candidate nominated in any valid certificate filed
with it or by the returns canvassed by it, the title of the office for
which nominated; the name of the party or body specified of which he is
a candidate; the emblem chosen to distinguish the candidates of the
party or body; and a notation as to whether or not any litigation is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12012-05-1
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pending concerning the candidacy. Upon the completion of any such liti-
gation, the state board of elections shall forthwith notify the appro-
priate county boards of elections of the results of such litigation.
S 3. Section 4-114 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:
S 4-114. Determination of candidates and questions; county board of
elections. The county board of elections, not later than the thirty-
fifth day before the day of a primary or general election, or the
[twelfth] FIFTY-THIRD day before a special election, shall determine the
candidates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
S 4. The second undesignated paragraph of section 9-214 of the
election law, as amended by chapter 234 of the laws of 1976, is amended
to read as follows:
The board of elections shall transmit to the secretary of state within
twenty-five days after a general election, and within [ten] TWENTY days
after a special election, a list of the names and residences of all
persons determined by the canvassing board to be elected to any county
office.
S 5. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 104 of the laws of 2010, is amended to read
as follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to section 10-107 of
this article, AS SOON AS PRACTICABLE BUT IN ANY EVENT not later than
thirty-two days before a primary or general election; twenty-five days
before a New York city community school board district or city of
Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and [twelve] FORTY-FIVE
days before a special election. A voter who submits a military ballot
application shall be entitled to a military ballot thereafter for each
subsequent election through and including the next two regularly sched-
uled general elections held in even numbered years, including any run-
offs which may occur; provided, however, such application shall not be
valid for any election held within seven days after its receipt. Ballots
shall also be mailed to any qualified military voter who is already
registered and who requests such military ballot from such board of
elections in a letter, which is signed by the voter and received by the
board of elections not later than the seventh day before the election
for which the ballot is requested and which states the address where the
voter is registered and the address to which the ballot is to be mailed.
The board of elections shall enclose with such ballot a form of applica-
tion for military ballot. In the case of a primary election, the board
shall deliver only the ballot of the party with which the military voter
is enrolled according to the military voter's registration records. In
the event a primary election is uncontested in the military voter's
election district for all offices or positions except the party position
of member of the ward, town, city or county committee, no ballot shall
be delivered to such military voter for such election; and the military
voter shall be advised of the reason why he or she will not receive a
ballot.
S 6. Subdivision 4 of section 11-204 of the election law, as amended
by chapter 104 of the laws of 2010, is amended to read as follows:
4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
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vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than thirty-two days before each
general or primary election and [twelve] FORTY-FIVE days before each
special election in which such applicant is qualified to vote, or three
days after receipt of such an application, whichever is later, mail to
him or her at the residence address outside the United States shown in
his or her application, a special federal ballot, an inner affirmation
envelope and an outer envelope, or otherwise distribute same to the
voter in accordance with the preferred method of transmission designated
by the voter pursuant to section 11-203 of this title. The board of
elections shall also mail, or otherwise distribute in accordance with
the preferred method of transmission designated by the voter pursuant to
section 11-203 of this title, a special federal ballot to every quali-
fied special federal voter who is already registered and who requests
such special federal ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections not
later than the seventh day before the election for which the ballot is
first requested and which states the address where the voter is regis-
tered and the address to which the ballot is to be mailed. The board of
elections shall enclose with such ballot a form of application for a
special federal ballot.
S 7. This act shall take effect immediately.