NY State Senate Bill 2013-S6204

Senate Bill S6204

2013-2014 Legislative Session

Relates to primary elections and the timely transmission of ballots to military voters stationed overseas

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Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2014	defeated in elections
Feb 28, 2014	notice of committee consideration - requested
Jan 08, 2014	referred to elections

Votes

- May 5, 2014 - Elections Committee Vote
  S6204
  
  3
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 5, 2014
      
      aye (3)
      
      Dilan
      
      Krueger
      
      Tkaczyk
      
      nay (6)
      
      Ball
      
      Gallivan
      
      Marchione
      
      Nozzolio
      
      O'Mara
      
      Savino

co-Sponsors

View additional co-sponsors

2013-S6204 (ACTIVE) - Details

See Assembly Version of this Bill:: A8198
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd El L, generally; amd §42, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6452
2017-2018: S3562
2019-2020: S1103

2013-S6204 (ACTIVE) - Summary

Relates to primary elections and amends certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas; relates to filling vacancies in elective offices; relates to the date of primary elections; and provides for the repeal of certain provisions upon expiration thereof.

2013-S6204 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6204

TITLE OF BILL:  An act to amend the election law, in relation to
primary elections and amending certain deadlines to facilitate the
timely transmission of ballots to military voters stationed overseas;
to amend the public officers law, in relation to filling vacancies in
elective offices; and to amend the election law, in relation to date
of primary elections

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that New York State's election
law complies with the federal Military and Overseas Voter Empowerment
(MOVE) Act.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends § 1-106(1) of the election law to provide
that all certificates and petitions of designation, certificates of
acceptance or declination of such designations, certificates of
authorization for such designations, certificates of disqualification,
certificates of substitution for such designations and objections and
specifications of objections to such certificates and petitions
required to be filed with the state board of elections or a board of
elections outside of the City of New York shall be deemed timely filed
and accepted for filing if sent by mail or overnight delivery service

(as defined in New York Civil Practice Law and Rules § 2103(b)(6) in
an envelope postmarked or showing receipt by the overnight delivery
service prior to midnight of the last day of filing, and received no
later than two business days after the last day to file such
certificates, petitions, objections or specifications.

Section 2 of the bill amends § 4-104(1) of the election law to specify
that polling places must be designated by March 15th each year which
is a month and a half earlier than the current May 1st deadline.

Section 3 of the bill amends S 4-106{1)&(2) of the election law to set
February 1 in each year as the deadline for the SBOE to transmit to
each county a certificate stating each state and federal office to be
voted upon in such general election. Section 3 further sets February 1
as the date that county boards of election must transmit a certificate
containing complimentary information for local offices to the SBOE.

Section 4 of the bill amends § 4-108(1)(b) of the election law to
provide that the certified text of any proposal, proposition, or
referendum that is to be submitted to a vote of the people of a
county, city, town, village, or special district at an election to be
conducted by the board of elections shall be submitted to such board
by the clerk of such political subdivision 70 days prior to the
election at which such proposal is to be voted upon.

Section 5 of the bill amends § 4-110 of the election law to provide
that the state board of elections shall certify to each county board
of elections 54 days before a primary election the name, residence,
title of office, name of party, and ballot order of each candidate to
be voted for, within such county, who have filed a designation with
the state board of elections.


Section 6 of the bill amends § 4-112(1) of the election law to provide
that the state board of elections shall certify to each county board
of elections 54 days before a general elections the name and residence
of each candidate nominated via certificate filed with the state board
or primary election canvassed by the state board, the title of office,
name of party, the party emblem, as well as a notation as to whether
any litigation is pending.

Section 7 of the bill amends § 4-114 of the election law to provide
that county boards of 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 election not later
than 53 days before a primary or general election. The 53-day period
was previously applied to special elections in chapter 4 of the laws
of 2011.

Section 7-a of the bill amends § 4-114 of the election law's reverter
clause to preserve the section 7 changes for when then current version
of the section expires.

Section 8 of the bill amends § 4-117(1) of the election law to provide
that a "mail check card" be mailed by the local board of elections
between 65 and 75 days before a primary election to notify active
registered voters of the days and hours of primary and general
elections, polling places, other information informing voters of
residency issues regarding voting, information regarding the
accessibility of polling places, and other information useful to
voters interested in participating in election day operations.

Section 9 of the bill amends § 5-604(1) of the election law to provide
that local boards of election shall publish updated enrollment lists
before February 1 each year.

Section 10 of the bill amends § 5-708(5) of the election law to
specify that at least one a year during the month of February, each
board of elections shall obtain through the National Change of Address
system, the forwarding address for every voter registered with such
board of elections and the names of those voters who have moved and
not left a forwarding address with the USPS.

Section 11 of the bill amends § 6-108(1) of the election law to remove
a reference to a "fall" primary and replaces it with a reference to
"the primary."

Section 12 of the bill amends § 6-147(1) and (2) of the election law
to provide that duly acknowledged certificates relating to grouping of
candidates, candidates running for party positions with a group, or
self-assignation of an election district by or running alone in
multiple election districts shall be filed with the board of elections
not later than the tenth Tuesday preceding the primary election.

Section 13 of the bill amends § 6-158(1), (4-6), (9), (11&12) and (14)
of the election law to provide that:

*Designating petitions be filed between the thirteenth Monday and the
twelfth Thursday preceding a primary election.


*Opportunity to ballot petitions shall be filed not later than the
eleventh Thursday preceding the primary election. Except in the case
of a substitution of a designated person, that an opportunity to
ballot petition may be filed not later than the tenth Thursday
preceding such primary.

*A judicial district convention shall be held not earlier than the
Thursday following the first Monday in August preceding the general
election and not later than six days thereafter.

*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 30 days after the primary, 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 30 days after the primary of whichever is later.  *Certificates
of party nomination of candidates for elector of president and
vice-president of the United States shall be filed not later than 76
days after the primary.

*References to a "fall" primary be removed.

*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 24
weeks and not later than 23 weeks preceding such election.

*Certificates of acceptance or declination of an independent
nomination for an office to be filled at the general election shall be
filed not later than the third day after the 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 the time of a
general election shall be filed not later than the sixth day after the
twenty-third Tuesday preceding such election.

*A vacancy occurring three months before general election in any year
in any office authorized to be filled at a general election, except in
the officers 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.

Section 14 of the bill amends § 8-100(1) of the election law to
provide that a primary election shall be held on the fourth Tuesday in
June before every general election unless otherwise changed by an act
of the legislature. This section also makes it clear that all
nominations for public office required to be made at a primary
election in such year shall be made at such primary and that all
members of state and local party committees as well as other party
offices shall be elected at such primary.

Section 15 of the bill amends § 9-208(1) of the election law to
provide that a recanvass of election returns shall occur 21 days after
each primary, general, or special election.


Section 16 of the bill amends § 9-211 of the election law to provide
that a verifiable audit of three-percent of the voting systems occur
21 days after each primary, general, special, or village (when
conducted by the board of elections) election.

Section 17 of the bill amends § 10-106(1)(a) of the election law to
provide that ballots for military voters are sent out 45 days before a
primary or general election. The 45-day period was previously applied
to special elections in chapter 4 of the laws of 2011.

Section 17-a of the bill amends § 10-108(1)(a) of the election law's
reverter clause to preserve the section 17 changes for when then
current version of the section expires.

Section 18 of the bill amends § 11-204(4) of the election law to
provide that ballots for overseas voters are sent out 45 days before a
primary or general election. The 45-day period was previously applied
to special elections in chapter 4 of the laws of 2011.

Section 19 of the bill amends § 16-102(4) of the election law to adds
resolution of any appeals to the requirement that a final order be
entered in any proceeding involving the names of candidates on ballots
or voting machines shall be made, if possible, at least five weeks
fore the day of the election in which such ballots or machines are to
be used.

Section 20 of the bill amends § 16-104(3) and (4) of the election law
to provide that proceedings as to the wording of the abstract or form
of submissions of any proposed amendment, proposition, or question may
be contested in a proceeding instituted by any personal eligible to
vote on such amendment, proposition, or question within seven days
after the last day to certify the wording of any such abstract ox form
of submission. Further this section specifies that 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 if 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.

Section 21 of the bill amends § 42(1) and (2) of the public officers
law to provide that a vacancy occurring three months before general
election in any year in any office authorized to be filled at a
general election, except in the officers 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.
This three-month cut-off date is also inserted into the appropriate
parts of subdivision two of section 42 of the Public Officer's Law.

Section 22 of the bill is the effective date.

JUSTIFICATION:

In 2009, President Barack Obama signed into law the Military Overseas
Voter Empowerment (MOVE) Act. The MOVE Act was an amendment that
expanded the Uniformed and Overseas Citizens Absentee Voting Act


(UOCAVA) of 1986. UOCAVA required states and territories to allow
members of the U.S. Uniformed Services and merchant marine, their
family members, and U.S. citizens residing outside the United States
to register and vote absentee in elections for federal offices.

The MOVE Act was designed to provide greater protections of the voting
rights of military personnel, their families, and other overseas
citizens. Among other provisions, the MOVE Act requires states to
transmit validly-requested absentee ballots to UOCAVA voters no later
than 45 days before a federal election, when the request has been
received by that date, except where the state has been granted an
undue hardship waiver approved by the Department of Defense for that
election. New York State was granted such a waiver in 2010.

New York State's election law as currently written regarding military
and overseas voters is not compliant with the 45-day requirement
codified in the MOVE Act. In addition, the overall structure of the
deadlines and due dates in New York State election law mean that that
changing the time-frame in which military and overseas ballots must be
mailed necessitates various changes to numerous interdependent
sections of the election law, culminating in moving the primary date.

U.S. District Court Gary Sharpe (N.D.N.Y.) has, by and through the
case of The United States of America v. State of New York The United
States of America v. State of New York, already set the date for the
federal, non-presidential primary for the fourth Tuesday in June for
2012.

The benefits of merging the federal non-presidential and state
primaries are threefold: such a merger will ensure that military
personnel and New Yorkers living abroad an opportunity to vote, it
will prevent New Yorkers from having to go out and vote in three
separate primaries in 2012, and it also will save New York State
approximately $50,000,000.

New York State's primary was held in June until 1974 when it was
changed to its current date of the first Tuesday after the second
Monday in September.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATION:

None

EFFECTIVE DATE:

This bill would take effect immediately.

2013-S6204 (ACTIVE) - Bill Text download pdf

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

                                  6204

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sens. STEWART-COUSINS, TKACZYK -- read twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Elections

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

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

  Section  1.  Subdivision  1  of  section 1-106 of the election law, as
amended by chapter 700 of the laws  of  1977,  is  amended  to  read  as
follows:
  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 post-
marked prior to midnight of the last day of filing shall be deemed time-
ly filed and accepted for filing when received, except THAT ALL  CERTIF-
ICATES  AND  PETITIONS  OF  DESIGNATION,  CERTIFICATES  OF ACCEPTANCE OR
DECLINATION OF SUCH DESIGNATIONS, CERTIFICATES OF AUTHORIZATION FOR SUCH
DESIGNATIONS, CERTIFICATES OF DISQUALIFICATION, CERTIFICATES OF  SUBSTI-
TUTION  FOR  SUCH  DESIGNATIONS  AND  OBJECTIONS  AND  SPECIFICATIONS OF
OBJECTIONS TO SUCH CERTIFICATES AND PETITIONS REQUIRED TO BE FILED  WITH
THE STATE BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE CITY
OF NEW YORK SHALL BE DEEMED TIMELY FILED AND ACCEPTED FOR FILING IF SENT
BY  MAIL  OR  OVERNIGHT  DELIVERY SERVICE AS DEFINED IN PARAGRAPH SIX OF
SUBDIVISION (B) OF RULE TWENTY-ONE HUNDRED THREE OF THE  CIVIL  PRACTICE
LAW  AND RULES IN AN ENVELOPE POSTMARKED OR SHOWING RECEIPT BY THE OVER-
NIGHT DELIVERY SERVICE PRIOR TO MIDNIGHT OF THE LAST DAY OF FILING,  AND
RECEIVED NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY TO FILE SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11845-07-3

S. 6204                             2

CERTIFICATES,  PETITIONS,  OBJECTIONS  OR SPECIFICATIONS. FAILURE OF THE
POST OFFICE OR ANY OTHER PERSON OR ENTITY TO DELIVER ANY SUCH  PETITION,
CERTIFICATE  OR OBJECTION TO SUCH BOARD OF ELECTIONS OUTSIDE THE CITY OF
NEW YORK NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY TO FILE SUCH
CERTIFICATES,  PETITIONS,  OBJECTIONS OR SPECIFICATIONS SHALL BE A FATAL
DEFECT. EXCEPTED FURTHER that all certificates and petitions  of  desig-
nation  or nomination, certificates of acceptance or declination of such
designations and nominations,  certificates  of  substitution  for  such
designations   or  nominations  and  objections  and  specifications  of
objections to such certificates 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 petition, certificate or objection and such office  shall  be  open
for  the  receipt  of  such petitions, certificates and objections until
midnight on the last day to  file  any  such  petition,  certificate  or
objection.  Failure  of the post office or any other person or entity to
deliver any such petition, certificate or objection to such  city  board
of elections on or before such last day shall be a fatal defect.
  S 2. Subdivision 1 of section 4-104 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1.  Every  board  of  elections shall, in consultation with each city,
town and village, designate the polling places in each election district
in which the meetings for  the  registration  of  voters,  and  for  any
election  may  be  held.  The board of trustees of each village in which
general  and  special  village  elections  conducted  by  the  board  of
elections  are  held at a time other than the time of a general election
shall submit such a list of polling places for such village elections to
the board of elections. A polling place may be  located  in  a  building
owned  by  a religious organization or used by it as a place of worship.
If such a building is designated as a polling place,  it  shall  not  be
required  to  be  open for voter registration on any Saturday if this is
contrary to the religious beliefs of the religious organization. In such
a situation,  the  board  of  elections  shall  designate  an  alternate
location  to be used for voter registration. Such polling places must be
designated by [May first] MARCH FIFTEENTH, of each year,  and  shall  be
effective  for one year thereafter. Such a list required to be submitted
by a village board of trustees must be submitted at  least  four  months
before  each  general village election and shall be effective until four
months before the subsequent general village election. No place in which
a business licensed to sell alcoholic beverages for on premises consump-
tion is conducted on any day of local registration or of voting shall be
so designated. If, within the discretion of the  board  of  elections  a
particular  polling  place  so  designated  is  subsequently found to be
unsuitable or unsafe or should circumstances arise that  make  a  desig-
nated polling place unsuitable or unsafe, then the board of elections is
empowered  to  select  an  alternative meeting place. In the city of New
York, the board of elections shall designate  such  polling  places  and
alternate  registration  places  if the polling place cannot be used for
voter registration on Saturdays.
  S 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision 2 as amended by chapter 635 of the laws of 1990, are  amended  to
read as follows:
  1.  The  state board of elections shall, [at least eight months before
each] BY FEBRUARY FIRST IN THE YEAR OF THE general  election,  make  and
transmit to the board of elections of each county, a certificate stating

S. 6204                             3

each  office,  except county, city, village and town offices to be voted
for at such election in such county.
  2.  Each  county, city, village and town clerk, [at least eight months
before each] BY FEBRUARY FIRST IN THE  YEAR  OF  THE  general  election,
shall  make and transmit to the board of elections a certificate stating
each county, city, village or town office, respectively to be voted  for
at  each  such election. Each village clerk, at least five months before
each general village election conducted by the board of elections, shall
make, and transmit to such board, a  certificate  stating  each  village
office to be filled at such election.
  S  4.    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] SEVENTY days prior to the election at which such proposal, proposi-
tion or referendum is to be submitted, shall transmit to each  board  of
elections  a certified copy of the text of such proposal, proposition 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 5. 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 OR A PRESIDENTIAL PRIMARY
ELECTION, shall certify to each county board of elections: The name  and
residence  of each candidate to be voted for within the political subdi-
vision of such board for whom a designation  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 OR
HER name is to be placed; and the order in which the names of the candi-
dates are to be printed as determined  by  the  state  board.  Where  an
office  or  position is uncontested, such certification shall state such
fact.
  S 6. 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
OR SHE 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
litigation, the state board of  elections  shall  forthwith  notify  the
appropriate  county  boards  of  elections  of the results of such liti-
gation.
  S 7. Section 4-114 of the election law, as amended by  chapter  99  of
the laws of 2013, 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

S. 6204                             4

[election, or the fifty-third day before a],  special,  OR  PRESIDENTIAL
PRIMARY  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.  Provided, however, in any
year in which there has been a run-off election in the city of New York,
the board of elections of such city shall, not later  than  the  twenty-
eighth  day  before  the  general  election  in that year, determine the
candidates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of the board  of  elections
of the city of New York.
  S  7-a.  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
[election,  or the fifty-third day before a], OR special election, shall
determine the candidates duly nominated for public office and the  ques-
tions  that  shall  appear on the ballot within the jurisdiction of that
board of elections.
  S 8. 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
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-

S. 6204                             5

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 9. 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  10.  Paragraph  a of subdivision 5 of section 5-708 of the election
law, as added by chapter 659 of the laws of 1994, is amended to read  as
follows:
  a.  At  least  once each year during the month of [May] FEBRUARY, each
board of elections shall obtain through the National Change  of  Address
System,  the  forwarding  address  for  every voter registered with such
board of elections for whom the United States Postal Service has such  a
forwarding  address  together  with the name of each such voter whom the
Postal Service records indicate has moved from the address at  which  he
is registered without leaving a forwarding address.
  S  11.  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. 6204                             6

  S 12. 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:
  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 OR HER 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 OR HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER 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 OR HER, 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 OR HER  designation  in  more  than  one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
  S  13.  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]
THIRTEENTH  Monday before, and not later than the [ninth] TWELFTH Thurs-
day 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]  ELEVENTH  Thursday  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]
TENTH Thursday preceding such primary election.
  5. A judicial district convention shall be held not earlier  than  the
[Tuesday]  THURSDAY  following  the  [third  Monday  in September] FIRST
MONDAY IN AUGUST preceding the general election and not later than  [the
fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
  6.  (A)  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] THIRTY days after the
[fall] primary election, (B) 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] THIRTY DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy, WHICHEVER IS LATER, and (C) except, further, that a  certificate  of
party  nomination of candidates for elector of president and vice-presi-
dent of the United States shall  be  filed  not  later  than  [fourteen]
SEVENTY-SIX  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

S. 6204                             7

certified by the chairman and secretary, shall be filed within  seventy-
two  hours  after adjournment of the convention.  A certificate of party
nomination for an office to be 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 THREE MONTHS before [September  twentieth  of]
THE  GENERAL  ELECTION 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  consti-
tution, or unless previously filled at a special election.
  S  14. 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] FOURTH Tuesday [after the second Monday] in [Septem-
ber]  JUNE  before every general election unless otherwise changed by an
act of the legislature.  MEMBERS OF THE STATE AND COUNTY COMMITTEES  AND
ASSEMBLY  DISTRICT  LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY  AND  ALL
NOMINATIONS  FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which  elec-
tors  of  president  and  vice  president of the United States are to be
elected an additional primary election, to be known as the spring 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-

S. 6204                             8

ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  S  15.  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
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  16. 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. 6204                             9

  S 17. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 99 of the laws of 2013, 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
district  or  city  of  Buffalo  school district election; fourteen days
before a village election conducted  by  the  board  of  elections;  and
forty-five days before a special election. Notwithstanding the foregoing
provisions  of  this section, in any year in which there has been a run-
off election in the city of New York, ballots for military voters  shall
be  mailed  or  otherwise  distributed by the board of elections of such
city 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 twenty-five  days  before  a
general  election  in  that  year. 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 17-a. 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
district  or  city  of  Buffalo  school district election; fourteen days
before 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

S. 6204                            10

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 18. 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 OR PRESIDENTIAL PRIMARY 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 trans-
mission 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 application for a special federal ballot.
  S 19. 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,
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  20.  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:

S. 6204                            11

  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  21.  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 THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN 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
nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN 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 THREE MONTHS BEFORE the next general election [or be called
after September nineteenth] 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 22. This act shall take effect immediately; provided, however,  that
the  amendments  to  section  4-114  of the election law made by section
seven of this act and the amendments to paragraph (a) of  subdivision  1
of  section 10-108 of the election law made by section seventeen of this
act shall be subject to the expiration and reversion of such section and
paragraph, respectively, pursuant to chapter 99 of the laws of 2013,  as
amended,  when  upon  such  date  the provisions of sections seven-a and
seventeen-a of this act shall take effect.

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