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

                                  8507

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 21, 2011
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Election Law

AN  ACT to amend the election law, in relation to amending certain dead-
  lines to facilitate the timely transmission  of  ballots  to  military
  voters  stationed  overseas;  and to amend the public officers law, in
  relation to filling vacancies in elective offices

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

  Section  1.  Paragraph  b  of  subdivision  1  of section 4-108 of the
election law, as amended by chapter 117 of the laws of 1985, is  amended
to read as follows:
  b. Whenever any proposal, proposition or referendum as provided by law
is  to  be  submitted  to  a vote of the people of a county, city, town,
village or special district, at an election conducted by  the  board  of
elections,  the  clerk  of such political subdivision, at least [thirty-
six] FIFTY-FIVE days prior to  the  election  at  which  such  proposal,
proposition  or  referendum  is  to be submitted, shall transmit to each
board of elections a certified copy of the text of such proposal, propo-
sition or referendum and a statement of the form in which it  is  to  be
submitted.  If  a special election is to be held, such transmittal shall
also give the date of such election.
  S 2.  Section 4-110 of the election law, as amended by chapter 434  of
the laws of 1984, is amended to read as follows:
  S  4-110. Certification of primary election candidates; state board of
elections.  The state board of elections  not  later  than  [thirty-six]
FIFTY-FOUR  days before a primary election, shall certify to each county
board of elections: The name and residence of each candidate to be voted
for within the political subdivision of such board  for  whom  a  desig-
nation  has  been filed with the state board; the title of the office or
position for which the candidate is designated; the name  of  the  party
upon  whose  primary  ballot  his name is to be placed; and the order in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12043-07-1
              

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which the names of the candidates are to be printed as determined by the
state board.  Where an office or position is uncontested,  such  certif-
ication shall state such fact.
  S 3. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1.   The  state  board  of  elections,  not  later  than  [thirty-six]
FIFTY-FOUR days before a general election, or 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
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 4. Section 4-114 of the election law, as amended by chapter 4 of the
laws of 2011, 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]  FIFTY-THIRD  day  before  the  day of a primary [or], general OR
SPECIAL election, [or the 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 5. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board of elections, [between August first and August fifth of
each year] NOT LESS THAN SIXTY-FIVE DAYS  NOR  MORE  THAN  SEVENTY  DAYS
BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by first class mail
on which is endorsed "ADDRESS CORRECTION REQUESTED" and which contains a
request  that  any  such  mail  received for persons not residing at the
address be dropped back in the mail, a communication, in a form approved
by the state board of elections, to every registered voter who has  been
registered without a change of address since the beginning of such year,
except  that  the  board of elections shall not be required to send such
communications to voters in inactive  status.  The  communication  shall
notify the voter of the days and hours of the ensuing primary and gener-
al  elections, the place where he OR SHE appears by his OR HER registra-
tion records to be entitled to vote, the fact that voters who have moved
or will have moved from the address where they were last registered must
re-register or, that if such move was to another  address  in  the  same
county or city, that such voter may either notify the board of elections
of  his  OR HER new address or vote by paper ballot at the polling place
for his OR HER new address even if such voter has not re-registered,  or
otherwise  notified  the board of elections of the change of address. If
the location of the polling place for the voter's election district  has
been moved, the communication shall contain the following legend in bold
type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
The communication shall also  indicate  whether  the  polling  place  is
accessible  to  physically disabled voters, that a voter who will be out
of the city or county on the day of the primary or general election or a
voter who is ill or physically disabled may obtain an  absentee  ballot,
that  a  physically disabled voter whose polling place is not accessible
may request that his OR HER registration record be moved to an  election
district which has a polling place which is accessible, the phone number

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to  call  for applications to move a registration record or for absentee
ballot applications, the phone number to call for the location of regis-
tration and polling places, the phone number to call  to  indicate  that
the  voter is willing to serve on election day as an election inspector,
poll clerk, interpreter or in other capacities, the phone number to call
to obtain an application for registration by mail, and such other infor-
mation concerning  the  elections  or  registration  as  the  board  may
include.  In  lieu  of  sending  such  communication to every registered
voter, the board of elections may  send  a  single  communication  to  a
household  containing  more than one registered voter, provided that the
names of all such voters appear as part of the address on such  communi-
cation.
  S 6. Subdivision 1 of section 5-604 of the election law, as amended by
chapter 28 of the laws of 2010, is amended to read as follows:
  1.  The  board  of elections shall also cause to be published for each
election district a complete list  of  the  registered  voters  of  each
election  district.  Such  list  shall,  in  addition to the information
required for registration lists, include the party  enrollment  of  each
voter.  At  least  as  many copies of such list shall be prepared as the
required minimum number of registration lists.
  Lists for all the election districts in a ward  or  assembly  district
may  be  bound together in one volume. The board of elections shall also
cause to be published a complete list of names and  residence  addresses
of  the registered voters, including the party enrollment of each voter,
for each town and city over which the board has jurisdiction. The  names
for each town and city may be arranged according to street and number or
alphabetically.  Such  lists  shall be published before the first day of
[April] FEBRUARY.  The board shall keep at least five copies for  public
inspection  at  each  main office or branch office of the board. Surplus
copies of the lists shall be sold at a charge not exceeding the cost  of
publication.
  S 7. 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.
Such a caucus shall be held no earlier  than  the  first  day  on  which
designating petitions for the [fall] primary election may be signed.
  S  8.  Subdivisions  1  and 2 of section 6-147 of the election law, as
amended by chapter 434 of the laws of  1984,  are  amended  to  read  as
follows:

A. 8507                             4

  1.    The  name  of a person designated on more than one petition as a
candidate for a party position to be filled by two or more persons shall
be printed on the ballot with the group of candidates designated by  the
petition  first filed unless such person, in a certificate duly acknowl-
edged  by  him  and filed with the board of elections not later than the
[eighth] TENTH Tuesday preceding the primary election or five days after
the board of elections mails such person notice of  his  designation  in
more  than  one  group,  whichever  is later, specifies another group in
which his name shall be printed.
  2. A person designated as a candidate for the position  of  member  of
the  county committee in more than one election district shall be deemed
to have been designated in the lowest numbered election district  unless
such  person,  in a certificate duly acknowledged by him, and filed with
the board of elections not later than the [eighth] TENTH Tuesday preced-
ing the primary election or five days after the board of elections mails
such person notice of his designation in more than one election district
whichever is later, specifies that he wishes to be deemed designated  in
a different election district.
  S 9. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of section 6-158 of the
election  law, subdivisions 1, 4, 11 and 12 as amended by chapter 434 of
the laws of 1984, subdivision 6 as amended by chapter 79 of the laws  of
1992,  and  subdivision 9 as amended by chapter 517 of the laws of 1986,
are amended to read as follows:
  1. A designating petition shall be filed not earlier than  the  [tenth
Monday]  THIRTEENTH  FRIDAY before, and not later than the [ninth Thurs-
day] TWELFTH WEDNESDAY preceding the primary election.
  4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party position at a primary election shall be filed not later  than  the
[eighth  Thursday]  ELEVENTH  WEDNESDAY  preceding the primary election.
However, where a designating petition has  been  filed  and  the  person
named  therein has declined such designation and another person has been
designated to fill the vacancy, then in that event, a  petition  for  an
opportunity  to  ballot  in  a primary election shall be filed not later
than the [seventh  Thursday]  TENTH  WEDNESDAY  preceding  such  primary
election.
  5.  A  judicial district convention shall be held not earlier than the
[Tuesday following the third] FIRST Monday in [September] AUGUST preced-
ing the general election and not later than the [fourth]  SECOND  Monday
in [September] AUGUST preceding such election.
  6.  A certificate of a party nomination made other than at the primary
election for an office to be filled at the time of  a  general  election
shall  be  filed  not  later  than  seven  days after the [fall] primary
election, except that a certificate of nomination for  an  office  which
becomes  vacant  after  the  seventh day preceding such primary election
shall be filed not later than fourteen days after the creation  of  such
vacancy  and  except, further, that a certificate of party nomination of
candidates for elector of president and  vice-president  of  the  United
States  shall  be  filed  not  later than fourteen days after the [fall]
primary election, and except still further that a certificate  of  party
nomination  made  at  a  judicial district convention shall be filed not
later than the day after the last day to hold such  convention  and  the
minutes  of  such  convention, duly certified by the chairman and secre-
tary, shall be filed within seventy-two hours after adjournment  of  the
convention.    A  certificate  of  party  nomination for an office to be

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filled at a special election shall be filed  not  later  than  ten  days
following the issuance of a proclamation of such election.
  9. A petition for an independent nomination for an office to be filled
at  the  time  of  a  general  election  shall be filed not earlier than
[twelve] TWENTY-FOUR weeks and  not  later  than  [eleven]  TWENTY-THREE
weeks  preceding such election. A petition for an independent nomination
for an office to be filled at a special  election  shall  be  filed  not
later  than twelve days following the issuance of a proclamation of such
election. A petition for trustee of  the  Long  Island  Power  Authority
shall be filed not earlier than seven weeks and not later than six weeks
preceding the day of the election of such trustees.
  11. A certificate of acceptance or declination of an independent nomi-
nation  for  an  office  to  be filled at the time of a general election
shall be filed not later than the third day after the  [eleventh]  TWEN-
TY-THIRD  Tuesday  preceding  such  election except that a candidate who
files such a certificate of acceptance for an  office  for  which  there
have  been  filed  certificates  or  petitions designating more than one
candidate for the nomination of any party, may thereafter file a certif-
icate of declination not later than the  third  day  after  the  primary
election.   A certificate of acceptance or declination of an independent
nomination for an office to be filled at a  special  election  shall  be
filed not later than fourteen days following the issuance of a proclama-
tion of such election.
  12.  A  certificate  to  fill  a vacancy caused by a declination of an
independent nomination for an office to be  filled  at  the  time  of  a
general  election  shall be filed not later than the sixth day after the
[eleventh] TWENTY-THIRD Tuesday preceding such election.  A  certificate
to  fill  a vacancy caused by a declination of an independent nomination
for an office to be filled at a special  election  shall  be  filed  not
later than sixteen days following the issuance of a proclamation of such
election.
  14. A vacancy occurring before [September twentieth of] AUGUST TWENTI-
ETH  IN  any  year  in  any  office authorized to be filled at a general
election, except in the offices  of  governor,  lieutenant-governor,  or
United  States senator shall be filled at the general election held next
thereafter, unless otherwise provided by  the  constitution,  or  unless
previously filled at a special election.
  S  10. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 17 of the laws of 2007, is amended to read as
follows:
  (a) A primary election[, to be known as the fall  primary,]  shall  be
held  on  the  [first Tuesday after the second Monday] FOURTH TUESDAY in
[September] JUNE before every general election unless otherwise  changed
by  an  act of the legislature. In each year in which electors of presi-
dent and vice president of the United States are to be elected an  addi-
tional primary election, to be known as the [spring] PRESIDENTIAL prima-
ry,  shall  be  held  on  the first Tuesday in February unless otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention, members of state and county  committees
and assembly district leaders and associate assembly district leaders.
  S  11.  Subdivision 1 of section 9-208 of the election law, as amended
by chapter 163 of the laws of 2010, is amended to read as follows:
  1. Within [fifteen] TWENTY-ONE days after  each  general,  special  or
primary  election,  and  within  seven days after every village election
conducted by the board of elections at which ballot scanners  are  used,
the  board  of  elections,  or a bipartisan committee of or appointed by

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said board shall, in each county using ballot scanners, make a record of
the serial number of each ballot scanner used in each election  district
in such general, special or primary election. No person who was a candi-
date at such election shall be appointed to membership on the committee.
Such  board  of  elections  or  bipartisan committee shall recanvass the
tabulated result tape from each ballot scanner  used  in  each  election
district  by  comparing  such  tape  with the numbers as recorded on the
return of canvass. The said board or committee shall also make a  recan-
vass  of  any  election day paper ballots that have not been scanned and
were hand counted pursuant to subdivision two of section 9-110  of  this
article  and  compare  the  results  with  the number as recorded on the
return of canvass. The board or committee shall then recanvass  write-in
votes,  if any, on ballots which were otherwise scanned and canvassed at
polling places on election night. The board or committee shall  validate
and  prove such sums. Before making such canvass the board of elections,
with respect to each election district to  be  recanvassed,  shall  give
notice  in writing to the voting machine custodian thereof, to the state
and county chair of each party or  independent  body  which  shall  have
nominated  candidates  for the said general or special election or nomi-
nated or elected candidates at the said primary  election  and  to  each
individual  candidate  whose  name  appears on the office ballot, of the
time and place where such canvass is to be made; and the state and coun-
ty chair of each such party or independent body and each such individual
candidate may send a representative to be  present  at  such  recanvass.
Each  candidate whose name appears on the official ballot, or his or her
representative, shall have the right personally to examine  and  make  a
record of the vote recorded on the tabulated result tape and any ballots
which were hand counted.
  S  12. Subdivision 1 of section 9-211 of the election law, as added by
chapter 181 of the laws of 2005, is amended to read as follows:
  1. Within [fifteen] TWENTY-ONE days  after  each  general  or  special
election,  and  within  [seven]  TWENTY-ONE  days after every primary or
village election conducted by the  board  of  elections,  the  board  of
elections  or a bipartisan committee appointed by such board shall manu-
ally audit the voter verifiable audit  records  from  three  percent  of
voting machines or systems within the jurisdiction of such board. Voting
machines or systems shall be selected for audit through a random, manual
process.  At  least five days prior to the time fixed for such selection
process, the board of elections shall send notice by first class mail to
each candidate, political party and independent body  entitled  to  have
had  watchers  present  at  the  polls  in any election district in such
board's jurisdiction. Such notice shall state the time and  place  fixed
for  such  random selection process. The audit shall be conducted in the
same manner, to the extent applicable, as a canvass  of  paper  ballots.
Each  candidate, political party or independent body entitled to appoint
watchers to attend at a polling place shall be entitled to appoint  such
number of watchers to observe the audit.
  S 13. Paragraph (a) of subdivision 1 of section 10-108 of the election
law,  as amended by chapter 4 of the laws of 2011, 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] FORTY-FIVE days before  a  primary  or  general  election[;
twenty-five  days  before],  a  New  York  city  community  school board

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district or city of Buffalo school  district  election[;  fourteen  days
before],  OR a village election conducted by the board of elections; and
forty-five days before a special election. A voter who submits  a  mili-
tary ballot application shall be entitled to a military ballot thereaft-
er for each subsequent election through and including the next two regu-
larly scheduled 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  application  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 registra-
tion 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  commit-
tee,  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  14. Subdivision 4 of section 11-204 of the election law, as amended
by chapter 4 of the laws of 2011, 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
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than [thirty-two] FORTY-FIVE days
before each general or primary  [election  and  forty-five  days  before
each]  OR 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 accord-
ance with the preferred method of transmission designated by  the  voter
pursuant  to  section  11-203 of this title, a special federal ballot to
every qualified 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 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 a special federal ballot.
  S 15. Subdivision 4 of section 16-102 of the election law, as added by
chapter 135 of the laws of 1986, is amended to read as follows:
  4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
proceeding involving the  names  of  candidates  on  ballots  or  voting
machines  shall be made, if possible, at least five weeks before the day
of the election at which such ballots or voting machines are to be used,

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or if such proceeding is commenced within five weeks of  such  election,
no later than the day following the day on which the case is heard.
  S  16.  Subdivisions  3  and  4 of section 16-104 of the election law,
subdivision 3 as added by chapter 136 of the laws of 1978  and  subdivi-
sion  4  as  amended  by chapter 117 of the laws of 1985, are amended to
read as follows:
  3. A proceeding pursuant to subdivision two of this  section  must  be
instituted  within  [fourteen]  SEVEN days after the last day to certify
the wording of any such abstract or form of submission.
  4. A final order INCLUDING  THE  RESOLUTION  OF  ANY  APPEALS  in  any
proceeding involving the contents of official ballots on voting machines
shall  be  made,  if possible, at least five weeks before the day of the
election at which such voting machines  are  to  be  used,  or  if  such
proceeding  is commenced within five weeks of an election, no later than
the day following the day on which the case is heard.
  S 17.  Subdivisions 1 and 4 of section 42 of the public officers  law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion  4  as  amended  by chapter 317 of the laws of 1954, are amended to
read as follows:
  1. A vacancy occurring before [September] AUGUST twentieth of any year
in any office authorized to be filled at a general election,  except  in
the  offices  of governor or lieutenant-governor, shall be filled at the
general election held next thereafter, unless otherwise provided by  the
constitution, or unless previously filled at a special election.
  4.  A  special  election  shall  not  be held to fill a vacancy in the
office of a representative in congress unless such vacancy occurs on  or
before  the first day of July of the last year of the term of office, or
unless it occurs thereafter and a special session of congress is  called
to meet before the next general election, or be called after [September]
AUGUST  nineteenth  of such year; nor to fill a vacancy in the office of
state senator or in the office of member of assembly, unless the vacancy
occurs before the first day of April of the last year  of  the  term  of
office, or unless the vacancy occurs in either such office of senator or
member  of  assembly after such first day of April and a special session
of the legislature be called to meet between such first day of April and
the next general election or be called after  [September]  AUGUST  nine-
teenth  in  such year. If a special election to fill an office shall not
be held as required by law, the office  shall  be  filled  at  the  next
general election.
  S 18. This act shall take effect January 1, 2013.