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

                                  9108

                          I N  A S S E M B L Y

                            January 27, 2016
                               ___________

Introduced  by  M.  of  A.  CUSICK,  HEASTIE, FARRELL, GOTTFRIED, GALEF,
  DINOWITZ, CAHILL,  PAULIN,  O'DONNELL,  HEVESI,  DenDEKKER,  ABINANTI,
  BRONSON, SIMOTAS, BRINDISI, SIMANOWITZ, SKOUFIS, MAYER, ROZIC, STIRPE,
  FAHY,  SEPULVEDA, SCHIMEL, ROSENTHAL, WEPRIN, ORTIZ -- Multi-Sponsored
  by -- M. of A.   BENEDETTO,  BLAKE,  BRAUNSTEIN,  BUCHWALD,  KAMINSKY,
  KAVANAGH,  LENTOL, LIFTON, LUPARDO, MAGNARELLI, MILLER, MOSLEY, RODRI-
  GUEZ, SANTABARBARA,  SCHIMMINGER,  SIMON,  STECK,  THIELE,  WEINSTEIN,
  ZEBROWSKI -- read once and referred to the Committee on Election Law

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 and in relation to date
  of primary elections;  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. 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  OR  NOMINATION,  CERTIFICATES  OF
ACCEPTANCE  OR  DECLINATION OF SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS  OR  NOMINATIONS,  CERTIF-
ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
NATIONS  OR  NOMINATIONS 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  DESIGNATED  DELIVERY SERVICE PERMITTED BY SUBDIVISION THREE OF

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

                                                           LBD02859-06-6

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THIS SECTION, IN AN ENVELOPE POSTMARKED 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  SPECIFICA-
TIONS.  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 designation or nomination, certificates of
acceptance or declination of such designations and nominations,  certif-
icates   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 3-420 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1.  Election inspectors, poll clerks, election coordinators and quali-
fied voters appointed to act in place of an absent inspector,  clerk  or
coordinator shall be paid for their services on the days of registration
and  election,  by  the county containing the election district in which
they serve, in an amount fixed by the county legislative  body,  subject
to  such  limitations  as  shall be prescribed or authorized by statute,
except that in the city of New York  the  amount  of  such  compensation
shall be payable by such city and shall be fixed by the mayor at a daily
rate  which,  in  the case of election inspectors shall not be less than
[one hundred thirty] TWO HUNDRED  FIFTY  dollars  and  in  the  case  of
election  coordinators  not  less than [two hundred] THREE HUNDRED FIFTY
dollars. Such inspectors, poll clerks, election coordinators and  quali-
fied  voters  at  a general or special village election conducted by the
board of elections shall be paid by such village in an amount  fixed  by
the village board of trustees subject to any such limitations.
  S 3. 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

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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 4. 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 EACH general election, make and
transmit to the board of elections of each county, a certificate stating
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  EACH  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  5.    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
days] THREE MONTHS prior to the GENERAL 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 6. Section 4-110 of the election law, as amended by  chapter  87  of
the laws of 2015, 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-FIVE  days before a primary election or [fifty-four days before] 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 subdivision 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 candidates are to be printed as determined by the state
board.  Where  an  office or position is uncontested, such certification
shall state such fact.

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  S 6-a. 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-FIVE  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 OR HER name is to be placed; and the order
in  which the names of the candidates are to be printed as determined by
the state board. Where  an  office  or  position  is  uncontested,  such
certification shall state such fact.
  S 7. 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-FIVE 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  8.  Section  4-114 of the election law, as amended by chapter 87 of
the laws of 2015, 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-FOURTH day before the day of a primary or general election,
or the fifty-third day before a special election 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.
  S 8-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-FOURTH day before the day of a primary or general 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 9. 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

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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-
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 10. 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  11.  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

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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  12.  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 13. 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 14. 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 87 of the laws
of 2015, 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

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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 following the third Monday in September  preceding  the  general
election  and  not  later  than the fourth Monday in September preceding
such election] TEN DAYS FOLLOWING THE DEADLINE PURSUANT TO SECTION TWEN-
TY-ONE OF ARTICLE VI OF THE STATE CONSTITUTION FOR THE  VACANCY  IN  THE
OFFICE  OF  THE  SUPREME  COURT TO OCCUR AND STILL BE FILLED AT THE NEXT
GENERAL ELECTION AND NOT LATER THAN SIX DAYS AFTER SUCH EARLIEST DATE TO
HOLD SUCH CONVENTION.
  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 sixty days
before the two thousand sixteen general election, and (D)  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 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-THREE weeks and not later than [eleven] TWENTY-TWO 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 preced-
ing 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-SECOND 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.

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  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-SECOND 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-a. Subdivision 6 of section 6-158 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
  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] SIXTY
days [after the fall primary]  BEFORE  THE  GENERAL  election,  and  (D)
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  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 proclama-
tion of such election.
  S 15. Paragraph (a) of subdivision 1 of section 8-100 of the  election
law, as amended by chapter 87 of the laws of 2015, 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-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  S 15-a. 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. 9108                             9

  (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-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  S 16. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 87 of the laws of 2015, 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-SIX days before a primary or general election[; twen-
ty-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 or presidential primary 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  scheduled general elections held in even numbered years,
including any run-offs which may occur; provided, however, such applica-
tion 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  registration records. In the event a primary election is uncon-
tested 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 16-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-SIX days before a primary or general election[; twen-
ty-five days before], a New York city community school board district or

A. 9108                            10

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 military ballot application
shall  be  entitled  to a military ballot thereafter for each subsequent
election through and including the next two regularly 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 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. Subdivision 4 of section 11-204 of the election law, as  amended
by chapter 87 of the laws of 2015, 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-SIX 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 17-a. 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-SIX days
before each general or primary  election  [and  forty-five  days  before

A. 9108                            11

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 18. 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 19. This act shall take effect immediately; provided, however, that:
  (a)  the  amendments  to  section  4-110  of  the election law made by
section six of this act shall be subject to the expiration and reversion
of such section pursuant to section 13 of chapter  87  of  the  laws  of
2015, as amended, when upon such date the provisions of section six-a of
this act shall take effect;
  (b)  the  amendments  to  section  4-114  of  the election law made by
section eight of this act shall be subject to the expiration and  rever-
sion of such section pursuant to section 13 of chapter 87 of the laws of
2015,  as amended, when upon such date the provisions of section eight-a
of this act shall take effect;

A. 9108                            12

  (c) the amendments to subdivision 6 of section 6-158 of  the  election
law made by section fourteen of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 13 of chapter
87  of  the laws of 2015, as amended, when upon such date the provisions
of section fourteen-a of this act shall take effect;
  (d)  the amendments to paragraph (a) of subdivision 1 of section 8-100
of the election law made by section fifteen of this act shall be subject
to the expiration and reversion of such paragraph pursuant to section 13
of chapter 87 of the laws of 2015, as amended, when upon such  date  the
provisions of section fifteen-a of this act shall take effect;
  (e) the amendments to paragraph (a) of subdivision 1 of section 10-108
of the election law made by section sixteen of this act shall be subject
to the expiration and reversion of such paragraph pursuant to section 13
of  chapter  87 of the laws of 2015, as amended, when upon such date the
provisions of section sixteen-a of this act shall take effect; and
  (f) the amendments to subdivision 4 of section 11-204 of the  election
law  made by section seventeen of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to section 13 of chap-
ter 87 of the laws  of  2015,  as  amended,  when  upon  such  date  the
provisions of section seventeen-a of this act shall take effect.