S T A T E   O F   N E W   Y O R K
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                                  5958

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 14, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the election law, in relation to the conducting  of  the
  presidential  primary,  to  provide for the election of delegates to a
  national party convention or a national party conference in 2016,  and
  the  "Presidential"  and  "Fall"  primary  in  such year; to amend the
  election law, in relation to electing delegates to  a  national  party
  convention; and providing for the repeal of such provisions upon expi-
  ration thereof

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

  Section 1. Paragraph (a) of subdivision 1  of  section  8-100  of  the
election  law,  as amended by chapter 17 of the laws of 2007, is amended
to read as follows:
  (a) A primary election, to be known as the fall primary, shall be held
on the first Tuesday after the second Monday in September  before  every
general  election unless otherwise changed by an act of the legislature.
MEMBERS OF STATE AND COUNTY COMMITTEES AND ASSEMBLY DISTRICT LEADERS AND
ASSOCIATE ASSEMBLY DISTRICT LEADERS AND ALL OTHER PARTY POSITIONS TO  BE
ELECTED  SHALL  BE  ELECTED  AT THE FALL PRIMARY AND ALL NOMINATIONS FOR
STATE AND LOCAL PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
IN  SUCH  YEAR SHALL BE MADE AT THE FALL PRIMARY. In [each] THE year TWO
THOUSAND SIXTEEN in which electors of president and  vice  president  of
the  United States are to be elected, an additional primary election, to
be known as the [spring] PRESIDENTIAL primary, shall  be  held  on  [the
first  Tuesday  in  February]  APRIL  NINETEENTH,  TWO THOUSAND SIXTEEN,
unless otherwise changed by an act of the legislature, for  the  purpose
of  electing  delegates  AND ALTERNATE DELEGATES to the national conven-
tion[, members of state and  county  committees  and  assembly  district
leaders and associate assembly district leaders].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11003-05-5

              

S. 5958                             2

  S  2. Notwithstanding any inconsistent provisions of the election law,
a rule or resolution of a state committee providing for the selection of
delegates and alternate delegates to  a  national  party  convention  or
national  party  conference in the year 2016 shall select either section
three  or section four of this act in order to conform to the rules of a
national committee.  A certified copy of such rule or  resolution  shall
be  filed  with the state board of elections no later than the first day
of November, 2015.
  S 3. The election law is amended by adding a new  section  2-122-a  to
read as follows:
  S  2-122-A.  NATIONAL  CONVENTION; NATIONAL PARTY CONFERENCE.   1. THE
RULES OF THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT  THE  DELEGATES
AND  ALTERNATE  DELEGATES  TO  A  NATIONAL  CONVENTION OR NATIONAL PARTY
CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS:
  A. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE
OF  PRESIDENT  OF THE UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR
SUCH OFFICE APPEAR ON THE BALLOT;
  B. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES  FOR  THE  POSI-
TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE TO A NATIONAL CONVENTION IN
DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND
  C. BY THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE  AT  A
MEETING  OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE PARTY
MAY PROVIDE.
  2. IF  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN WHICH THE
OFFICE OF PRESIDENT OF THE UNITED STATES APPEARS ON THE  BALLOT,  DESIG-
NATION  OF  CANDIDATES  FOR  SUCH  OFFICE  SHALL BE MADE PURSUANT TO THE
PROVISIONS OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH  CANDIDATES
NEED  NOT  BE  CITIZENS  OF  NEW  YORK  BUT  ONLY CITIZENS OF THE UNITED
STATES), 6-130, 6-132 (EXCEPT THAT REFERENCES TO  A  COMMITTEE  TO  FILL
VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES),
6-134,  6-144,  THE  PROVISIONS WITH RESPECT TO DECLINATIONS IN SUBDIVI-
SIONS ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A  COMMIT-
TEE  TO  FILL  VACANCIES  SHALL  BE  DEEMED REFERENCES TO A COMMITTEE TO
RECEIVE NOTICES), 6-154, AND SUBDIVISION  ONE  AND  THE  PROVISION  WITH
RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT
SUCH  CANDIDATES  MAY  DECLINE SUCH DESIGNATIONS NOT LATER THAN FEBRUARY
SIXTEENTH, TWO THOUSAND SIXTEEN) OF THIS CHAPTER.  THE  STATE  BOARD  OF
ELECTIONS  SHALL  FORTHWITH  NOTIFY  THE  APPROPRIATE  COUNTY  BOARDS OF
ELECTIONS OF ANY SUCH DECLINATION FILED.
  3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE
OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE
STATE IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE  THOU-
SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
  4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN
WHICH  THE  OFFICE  OF THE PRESIDENT OF THE UNITED STATES APPEARS ON THE
BALLOT, IN ADDITION TO THE SPACES ON THE BALLOT WITH THE  NAMES  OF  THE
CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD
"UNCOMMITTED".    THE  "UNCOMMITTED" SPACE SHALL BE LISTED ON THE BALLOT
PROVIDED THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE  WHICH
MEETS  THE  SAME  REQUIREMENTS AS A PETITION DESIGNATING A CANDIDATE FOR
THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER
AS IS REQUIRED FOR SUCH A PETITION.
  5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE
LISTED ON THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE  OF  PRESIDENT

S. 5958                             3

OF  THE  UNITED  STATES  HELD PURSUANT TO THE PROVISIONS OF THIS SECTION
SHALL BE SUBSTANTIALLY AS FOLLOWS:
  I, THE UNDERSIGNED, DO HEREBY STATE THAT I AM A DULY ENROLLED VOTER OF
THE .................... PARTY  AND ENTITLED TO VOTE AT THE NEXT PRIMARY
ELECTION   OF   SUCH   PARTY   TO   BE   HELD   ON   THE ...... DAY   OF
............... 20...,  THAT MY PLACE OF RESIDENCE IS TRULY STATED OPPO-
SITE MY SIGNATURE HERETO, AND I DO HEREBY REQUEST THAT AN  "UNCOMMITTED"
SPACE  BE LISTED ON THE BALLOT AT THE PRIMARY ELECTION OF SUCH PARTY FOR
THE OFFICE OF PRESIDENT OF THE UNITED STATES.
  B. THE APPOINTMENT OF A COMMITTEE TO RECEIVE NOTICES SHALL BE  IN  THE
FORM PRESCRIBED FOR A PETITION FOR AN OPPORTUNITY TO BALLOT.  THE SIGNA-
TURES  ON  THE PETITION WITH ALL THE REQUIRED INFORMATION AND THE SIGNED
STATEMENT OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO  TAKE
OATHS  SHALL  BE  IN  THE FORM PRESCRIBED FOR A DESIGNATING PETITION FOR
SUCH OFFICE.
  6. A. IF THE RULES OF A  STATE  COMMITTEE,  ADOPTED  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION, PROVIDE THAT THE POSITIONS OF DELEGATE AND
ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG-
NATION OF CANDIDATES FOR SUCH POSITIONS SHALL BE MADE  PURSUANT  TO  THE
PROVISIONS  OF  SECTIONS  6-100, 6-118, 6-122, 6-130, 6-132 (EXCEPT THAT
REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES
TO  A  COMMITTEE  TO RECEIVE NOTICES), 6-134, 6-144, THE PROVISIONS WITH
RESPECT TO DECLINATIONS IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  6-146
(EXCEPT  THAT    REFERENCES  TO  A  COMMITTEE TO FILL VACANCIES SHALL BE
DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154,  AND
SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI-
VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER.
  B.  CANDIDATES  FOR  THE  POSITIONS OF DISTRICT DELEGATE AND ALTERNATE
DISTRICT DELEGATE  TO  A  NATIONAL  PARTY  CONVENTION  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH PARTY AND
RESIDENTS OF THE DISTRICT IN WHICH THEY ARE CANDIDATES.    THE  CONGRES-
SIONAL  DISTRICTS  USED FOR THE ELECTION OF SUCH DELEGATES AND ALTERNATE
DELEGATES SHALL BE THOSE DISTRICTS IN EFFECT FOR THE TWO THOUSAND  FOUR-
TEEN CONGRESSIONAL ELECTIONS.
  C.  DESIGNATING  PETITIONS  FOR  CANDIDATES FOR SUCH POSITIONS MUST BE
SIGNED BY AT LEAST FIVE HUNDRED ENROLLED VOTERS OF THE PARTY RESIDING IN
THE DISTRICT IN WHICH SUCH CANDIDATES ARE DESIGNATED,  OR  BY  AT  LEAST
ONE-HALF OF ONE PERCENT (0.5%) OF THE THEN ENROLLED VOTERS OF SUCH PARTY
IN SUCH DISTRICT, WHICHEVER IS LESS. SUCH PETITION SIGNATURE REQUIREMENT
SHALL  BE  COMPUTED USING THE OFFICIAL APRIL FIRST, TWO THOUSAND FIFTEEN
ENROLLMENTS PUBLISHED BY THE STATE BOARD OF ELECTIONS.
  D. THE DESIGNATING PETITION FOR ANY SUCH CANDIDATE OR CANDIDATES SHALL
HAVE PRINTED THEREON PRIOR TO THE AFFIXING OF ANY SIGNATURES THERETO,  A
LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  SUCH  CANDIDATES ARE
PLEDGED TO SUPPORT, OR A LEGEND THAT SUCH  CANDIDATES  ARE  UNCOMMITTED.
SUCH LEGEND SHALL BE PART OF THE TITLE OF SUCH POSITION.
  E.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
CANDIDATE FOR EITHER SUCH POSITION SHALL BE VALID  UNDER  THIS  SECTION,
FOR  PURPOSES  OF  DELEGATES  AND  ALTERNATE  DELEGATES, UNLESS ALL SUCH
CANDIDATES FOR SUCH POSITIONS HAVE PRINTED ON SUCH PETITION  THE  LEGEND
THAT  THEY  ARE PLEDGED TO THE SAME PRESIDENTIAL CANDIDATE OR UNLESS ALL
SUCH CANDIDATES FOR SUCH POSITIONS HAVE PRINTED  ON  SUCH  PETITION  THE
LEGEND THAT THEY ARE UNCOMMITTED.
  F.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
CANDIDATE FOR EITHER SUCH POSITION SHALL BE PRESUMPTIVELY  VALID  UNLESS
THE  CANDIDATES FOR DELEGATE AS A GROUP AND THE CANDIDATES FOR ALTERNATE

S. 5958                             4

AS A GROUP ARE EQUALLY DIVIDED BETWEEN MALES AND FEMALES, WITH  A  VARI-
ANCE NO GREATER THAN ONE.
  G.  IN  THE  EVENT THAT A DESIGNATING PETITION IS FILED FOR CANDIDATES
FOR SUCH POSITIONS LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE
OR AS UNCOMMITTED, AND THE NAME OF SUCH PRESIDENTIAL CANDIDATE,  OR  THE
WORD  UNCOMMITTED,  WILL  NOT  APPEAR  ON THE BALLOT AT THE PRESIDENTIAL
PRIMARY ELECTION IN TWO THOUSAND SIXTEEN, THEN THE PETITION  DESIGNATING
SUCH  CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES
OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT.
  H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT  LATER  THAN  FOUR
DAYS  AFTER  THE  LAST  DAY  TO FILE SUCH PETITIONS, FILE WITH THE STATE
BOARD OF ELECTIONS BY EXPRESS MAIL  OR  BY  ELECTRONIC  TRANSMISSION,  A
COMPLETE  LIST  OF  ALL  CANDIDATES  FOR DELEGATE AND ALTERNATE DELEGATE
TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE
CANDIDATES AND THE NAME OF THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE
PLEDGED  TO  SUPPORT  OR  THAT  THEY  ARE  UNCOMMITTED.  SUCH  BOARDS OF
ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF  DECLINA-
TION  OR  SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE
SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD  OF
ELECTIONS BY ELECTRONIC TRANSMISSION.
  7.  A.  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR  THE  POSI-
TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS
PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS  UNCOMMIT-
TED,  UNLESS  THE  NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A
CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO
HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY
OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO,
IF THEIR STATEMENTS OF CANDIDACY CONTAINED A  PLEDGE  OF  SUPPORT  OF  A
PRESIDENTIAL  CANDIDATE,  WERE  NOT REJECTED BY SUCH PRESIDENTIAL CANDI-
DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND SEX OF EACH  SUCH
CANDIDATE  FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN WHICH
SUCH CANDIDATE MAY APPEAR ON THE BALLOT.
  B. SUCH CERTIFICATE SHALL BE FILED BY  THE  SECRETARY  OF  SUCH  STATE
COMMITTEE,  WITH  THE  BOARD  OF  ELECTIONS  WITH  WHICH THE DESIGNATING
PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
FILED, NOT LATER THAN FEBRUARY TWENTY-THIRD, TWO THOUSAND SIXTEEN.
  C.  IN  THE  EVENT THAT A DESIGNATING PETITION FOR CANDIDATES FOR SUCH
POSITIONS, LISTED  AS  PLEDGED  TO  SUPPORT  A  PRESIDENTIAL  CANDIDATE,
CONTAINS THE NAMES OF ONE OR MORE PERSONS WHO HAVE NOT BEEN PERMITTED BY
SUCH PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT AS SO PLEDGED PURSU-
ANT TO THE PROVISIONS OF THIS SECTION, THEN THE NAMES OF SUCH CANDIDATES
SHALL NOT APPEAR ON THE BALLOT BUT THE NAMES OF OTHER CANDIDATES ON SUCH
PETITION WHO HAVE BEEN PERMITTED BY THE PRESIDENTIAL CANDIDATE TO APPEAR
ON  THE  BALLOT  SHALL BE PLACED ON THE BALLOT PROVIDED THAT SUCH CANDI-
DATES ARE OTHERWISE ELIGIBLE AND THAT SUCH PETITION IS OTHERWISE VALID.
  D. THE STATE BOARD OF ELECTIONS SHALL SEND A COPY OF  THE  CERTIFICATE
REQUIRED  BY SECTION 4-110 OF THIS CHAPTER TO THE SECRETARY OF THE STATE
COMMITTEE OF EACH PARTY CONDUCTING A PRIMARY PURSUANT TO THE  PROVISIONS
OF  THIS SECTION NOT LATER THAN MARCH THIRD, TWO THOUSAND SIXTEEN. EVERY
OTHER BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS  FOR  DELEGATE
AND  ALTERNATE  DELEGATE  WERE  FILED PURSUANT TO THE PROVISIONS OF THIS
SECTION SHALL, NOT LATER THAN MARCH FOURTH, TWO THOUSAND SIXTEEN, SEND A
LIST OF THE NAMES AND ADDRESSES OF THOSE CANDIDATES WHO WILL  APPEAR  ON
THE BALLOT TO THE SECRETARY OF EACH SUCH STATE COMMITTEE.

S. 5958                             5

  8.  A.  IF  THE  RULES  OF  A  STATE COMMITTEE ADOPTED PURSUANT TO THE
PROVISIONS OF THIS SECTION PROVIDE FOR AN ELECTION IN  WHICH  CANDIDATES
FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE WORD "UNCOMMIT-
TED" AND CANDIDATES FOR THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE
TO  A  NATIONAL  CONVENTION  APPEAR  ON THE BALLOT, SUCH BALLOT SHALL BE
ARRANGED IN THE MANNER PRESCRIBED BY THIS SECTION.
  B. THE NAME OF EACH CANDIDATE FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
UNITED  STATES  WHO  HAS  QUALIFIED TO APPEAR ON THE BALLOT AND THE WORD
"UNCOMMITTED," IF A VALID DESIGNATING PETITION TO PLACE SUCH WORD ON THE
BALLOT WAS FILED WITH THE STATE BOARD OF ELECTIONS, SHALL  APPEAR  IN  A
SEPARATE  ROW OR COLUMN. THE NAMES OF ALL THE CANDIDATES FOR DELEGATE TO
A NATIONAL CONVENTION  WHO  FILED  DESIGNATING  PETITIONS  CONTAINING  A
LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE PLEDGED TO
SUPPORT OR STATING THAT THEY ARE UNCOMMITTED SHALL BE LISTED IN SUCH ROW
OR COLUMN IMMEDIATELY UNDER OR ADJACENT TO THE NAME OF SUCH PRESIDENTIAL
CANDIDATE OR THE WORD "UNCOMMITTED," FOLLOWED BY THE NAMES OF ALL CANDI-
DATES  FOR  ALTERNATE  DELEGATE  TO  SUCH  CONVENTION  WHO  FILED   SUCH
PETITIONS.  IF  THE  NUMBER  OF  CANDIDATES, OR GROUPS OF CANDIDATES FOR
DELEGATE AND ALTERNATE DELEGATE WHO ARE PLEDGED TO SUPPORT A  PARTICULAR
PRESIDENTIAL CANDIDATE OR WHO ARE UNCOMMITTED IS GREATER THAN THE NUMBER
WHO  MAY  BE  LISTED  IN ONE ROW OR COLUMN AND IF THERE ARE MORE ROWS OR
COLUMNS AVAILABLE ON THE BALLOT THAN ARE REQUIRED FOR THE CANDIDATES FOR
PRESIDENT WHO HAVE QUALIFIED TO APPEAR ON THE BALLOT, THEN THE BOARD  OF
ELECTIONS SHALL USE TWO ROWS OR COLUMNS ON SUCH BALLOT TO LIST THE NAMES
OF SUCH CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE.
  C.  THE  ORDER  OF THE NAMES OF CANDIDATES FOR THE OFFICE OF PRESIDENT
AND THE WORD "UNCOMMITTED" ON THE BALLOT AND THE ORDER OF THE  NAMES  OF
CANDIDATES  FOR THE POSITIONS OF DELEGATE OR ALTERNATE DELEGATE WITHIN A
PARTICULAR ROW OR COLUMN SHALL BE DETERMINED PURSUANT TO THE  PROVISIONS
OF  SUBDIVISION THREE OF SECTION 7-116 OF THIS CHAPTER EXCEPT THAT NAMES
OF CANDIDATES FOR  SUCH  POSITIONS  WHO  ARE  DESIGNATED  BY  INDIVIDUAL
PETITIONS  AND  NOT  IN A GROUP SHALL HAVE THEIR POSITIONS DETERMINED BY
LOT IN THE SAME DRAWING AS GROUPS AND EXCEPT FURTHER THAT CANDIDATES  OR
GROUPS OF CANDIDATES FOR DELEGATES AND ALTERNATE DELEGATES DESIGNATED BY
THE SAME PETITION SHALL BE TREATED AS ONE GROUP FOR THE PURPOSES OF SUCH
DETERMINATION  BY LOT. THE PROVISIONS OF SUBDIVISION SIX OF SUCH SECTION
7-116 OF THIS CHAPTER SHALL NOT APPLY TO ANY ELECTION CONDUCTED PURSUANT
TO THE PROVISIONS OF THIS SECTION.
  D. IMMEDIATELY FOLLOWING THE NAME OF EACH CANDIDATE FOR  DELEGATE  AND
ALTERNATE  DELEGATE  ON  THE  BALLOT  SHALL  APPEAR, IN PARENTHESIS, THE
LETTER (M) IF SUCH CANDIDATE IS MALE AND THE LETTER (F) IF  SUCH  CANDI-
DATE IS FEMALE.
  9.  ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO THE PROVISIONS OF THIS
SECTION SHALL USE ONLY VOTING SYSTEMS AUTHORIZED BY TITLE TWO OF ARTICLE
SEVEN OF THIS CHAPTER.
  10. PERSONS ENTITLED TO VOTE PURSUANT TO SECTION 11-200 OF THIS  CHAP-
TER  SHALL  BE  ENTITLED TO SIGN DESIGNATING PETITIONS FOR, AND VOTE IN,
ANY ELECTION HELD PURSUANT TO THE PROVISIONS OF THIS SECTION.
  11. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A  PRIMARY  ELECTION
IN  WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE POSITIONS
OF DELEGATE AND ALTERNATE DELEGATE TO A NATIONAL  CONVENTION  APPEAR  ON
THE  BALLOT  PURSUANT TO THE PROVISIONS OF THIS SECTION, THE STATE BOARD
OF ELECTIONS AND THE COUNTY BOARDS OF ELECTIONS AS THE CASE MAY BE SHALL
CANVASS THE RESULTS OF SUCH PRIMARY ELECTION FOR SUCH OFFICE  AND  POSI-
TIONS  PURSUANT  TO  THE  PROVISIONS OF SECTIONS 9-200 AND 9-202 OF THIS
CHAPTER, AND SHALL CERTIFY TO THE SECRETARY OF THE  STATE  COMMITTEE  OF

S. 5958                             6

SUCH  PARTY  THE VOTES CAST FOR EACH CANDIDATE FOR SUCH OFFICE AND POSI-
TIONS IN SUCH PRIMARY ELECTION AND THE VOTES CAST FOR THE  "UNCOMMITTED"
PREFERENCE,  TALLIED  SEPARATELY BY CONGRESSIONAL DISTRICTS, EXCEPT THAT
NO CANDIDATE OR "UNCOMMITTED" PREFERENCE SHALL BE CERTIFIED AS NOMINATED
OR ELECTED TO ANY SUCH OFFICE OR POSITION.
  12.  EXCEPT  AS  PROVIDED  IN  THIS  SECTION AND PARTY RULES AND REGU-
LATIONS, ALL PROVISIONS OF THE ELECTION LAW, EXCEPT  ANY  PROVISIONS  OF
SECTION  2-122  OF THIS ARTICLE WHICH ARE INCONSISTENT WITH THIS SECTION
AND THOSE SECTIONS AND SUBDIVISIONS OF ARTICLE SIX OF THIS  CHAPTER  NOT
SPECIFIED  IN  THIS SECTION, SHALL APPLY TO ELECTIONS CONDUCTED PURSUANT
TO THIS SECTION.
  S 4. The election law is amended by adding a new  section  2-122-b  to
read as follows:
  S  2-122-B.  PRESIDENTIAL  PRIMARY. 1. APPLICABILITY. THE SELECTION OF
DELEGATES AND ALTERNATE DELEGATES FROM NEW YORK STATE  TO  THE  NATIONAL
CONVENTION  OF  THE  REPUBLICAN  PARTY IN EACH YEAR IN WHICH ELECTORS OF
PRESIDENT AND VICE-PRESIDENT OF THE UNITED  STATES  ARE  TO  BE  ELECTED
SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE
COMMITTEE  OF  ANY OTHER POLITICAL PARTY MAY, BY RULE OR RESOLUTION, OPT
TO CONDUCT THE SELECTION OF DELEGATES AND  ALTERNATE  DELEGATES  IN  ANY
SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED
COPY  OF  SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE BOARD OF
ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION.
  2. GENERAL PROVISIONS. THE AWARDING OF DELEGATES AND ALTERNATE  DELEG-
ATES  TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY PURSU-
ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE
PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON
THE  BALLOT  AND  THE  NAMES OF DELEGATES AND ALTERNATE DELEGATES DO NOT
APPEAR ON SUCH BALLOT.   THE TOTAL NUMBER  OF  DELEGATES  AND  ALTERNATE
DELEGATES  SHALL  BE DETERMINED BY THE CALL FOR THE NATIONAL CONVENTION.
THREE DELEGATES AND THREE ALTERNATE  DELEGATES  SHALL  BE  AWARDED  FROM
EVERY  CONGRESSIONAL  DISTRICT  IN  THE  STATE,  UNLESS THE RULES OF THE
NATIONAL REPUBLICAN PARTY AND/OR THE CALL FOR  THE  NATIONAL  CONVENTION
PROVIDE DIFFERENTLY.  THE TOTAL NUMBER OF DELEGATES AND ALTERNATE DELEG-
ATES  AS  ESTABLISHED  BY THE CALL FOR THE NATIONAL CONVENTION MINUS THE
NUMBER OF DELEGATES AND ALTERNATE  DELEGATES  TO  BE  AWARDED  FROM  THE
CONGRESSIONAL  DISTRICTS  SHALL  BE  DESIGNATED  AT-LARGE  DELEGATES AND
AT-LARGE ALTERNATE DELEGATES.
  A POLITICAL PARTY SHALL CERTIFY TO THE STATE BOARD  OF  ELECTIONS,  AT
LEAST  TWELVE  WEEKS  PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THE
NUMBER OF DELEGATES TO WHICH SUCH PARTY  IS  ENTITLED  PURSUANT  TO  ITS
RULES.
  CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES SHALL BE
AWARDED  BASED  UPON  THE  RESULTS  OF  SEPARATE  AND  DISTINCT  PRIMARY
ELECTIONS HELD WITHIN EACH CONGRESSIONAL DISTRICT OF THE STATE. CONGRES-
SIONAL  DISTRICT  DELEGATES  AND ALTERNATE DELEGATES SHALL BE AWARDED TO
PRESIDENTIAL CANDIDATES PURSUANT TO PARAGRAPH B OF SUBDIVISION  FOUR  OF
THIS  SECTION AND ELECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR OF
THIS SECTION.  AT-LARGE  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
ELECTED  BY THE STATE COMMITTEE AND ALLOCATED TO PRESIDENTIAL CANDIDATES
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
  3. BALLOT ACCESS METHODS. CANDIDATES SHALL BE ELIGIBLE  TO  APPEAR  ON
THE  BALLOT IN A PRIMARY ELECTION OF A POLITICAL PARTY FOR THE OFFICE OF
PRESIDENT OF  THE  UNITED  STATES  PURSUANT  TO  ANY  OF  THE  FOLLOWING
PROVISIONS:

S. 5958                             7

  A.  ANY CANDIDATE WHO HAS BEEN CERTIFIED AS ELIGIBLE TO RECEIVE PRESI-
DENTIAL PRIMARY MATCHING FUND PAYMENTS PURSUANT TO THE PROVISIONS OF  11
CODE  OF  FEDERAL  REGULATIONS PART 9033, OR ANY CANDIDATE WHO MEETS THE
ELIGIBILITY CRITERIA REGARDING MATCHABLE CONTRIBUTIONS ESTABLISHED IN 11
CODE OF FEDERAL REGULATIONS PART 9033.2(B)(3) REGARDLESS OF WHETHER SUCH
CANDIDATE ACTUALLY APPLIED FOR SUCH MATCHING FUND PAYMENTS, MAY REQUEST,
BY  CERTIFICATE  FILED  AND  RECEIVED BY THE STATE BOARD OF ELECTIONS NO
SOONER THAN TWELVE WEEKS AND NOT LATER THAN NINE WEEKS PRIOR TO THE DATE
OF THE PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE  APPEAR  ON
THE  BALLOT  AT  THE  PRIMARY OF SUCH PARTY IN THE STATE OF NEW YORK FOR
THAT YEAR.
  B. ANY CANDIDATE MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE
STATE BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NOT LATER  THAN
NINE  WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE NAME
OF SUCH CANDIDATE APPEAR ON THE BALLOT AT THE PRIMARY OF SUCH  PARTY  IN
THE  STATE OF NEW YORK FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES.
SUCH CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT OF  SUCH  PARTY
IN  THE  STATE  OF NEW YORK AT THE PRIMARY ELECTION FOR THAT YEAR IF THE
STATE BOARD OF ELECTIONS DETERMINES THAT  THE  PERSON  IS  A  NATIONALLY
KNOWN  AND RECOGNIZED CANDIDATE AND THE CANDIDACY OF SUCH PERSON FOR THE
PARTY NOMINATION FOR PRESIDENT IS GENERALLY AND SERIOUSLY  ADVOCATED  OR
RECOGNIZED  ACCORDING  TO  REPORTS  IN THE NATIONAL OR STATE NEWS MEDIA.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW  TO  THE  CONTRARY,  A
REQUEST BY A CANDIDATE TO APPEAR ON THE PRESIDENTIAL PRIMARY BALLOT OF A
MAJOR  POLITICAL PARTY SHALL BE DETERMINED SOLELY UPON A JOINT RECOMMEN-
DATION BY THE COMMISSIONERS OF THE STATE BOARD  OF  ELECTIONS  WHO  HAVE
BEEN  APPOINTED  ON  THE  RECOMMENDATION  OF SUCH POLITICAL PARTY OR THE
LEGISLATIVE LEADERS OF SUCH POLITICAL PARTY, AND NO  OTHER  COMMISSIONER
OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH DETERMINATION.
THE  STATE  BOARD  OF ELECTIONS SHALL ACT UPON ANY SUCH REQUEST NO LATER
THAN FIFTY-FIVE DAYS BEFORE THE PRESIDENTIAL PRIMARY.
  C. ANY CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT PURSUANT TO
THE PROVISIONS OF ARTICLE SIX OF  THIS  CHAPTER.  DESIGNATING  PETITIONS
SHALL BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR FIVE PERCENT, WHICHEV-
ER IS LESS, OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
  D.    PRESIDENTIAL  CANDIDATES  DETERMINED  ELIGIBLE  TO APPEAR ON THE
PRIMARY BALLOT MAY HAVE THEIR NAME REMOVED FROM SUCH PRIMARY  BALLOT  BY
FILING  A  CERTIFICATE WITH THE STATE BOARD OF ELECTIONS AND RECEIVED NO
LATER THAN TWENTY-EIGHT DAYS BEFORE SUCH PRIMARY  ELECTION.  AFTER  SUCH
DATE  BUT  BEFORE  THE  DATE OF THE PRIMARY, PRESIDENTIAL CANDIDATES MAY
FILE A CERTIFICATE WITH THE STATE BOARD OF ELECTIONS  DEEMING  ANY  VOTE
FOR SUCH PRESIDENTIAL CANDIDATE TO BE A VOID VOTE.
  4.  ELECTION  OF  DELEGATES AND ALTERNATE DELEGATES FROM CONGRESSIONAL
DISTRICTS. A. EACH CONGRESSIONAL DISTRICT SHALL CONDUCT A  SEPARATE  AND
DISTINCT  PRIMARY  ELECTION.  ENROLLED REPUBLICAN VOTERS FROM A CONGRES-
SIONAL DISTRICT SHALL VOTE FOR A PRESIDENTIAL CANDIDATE WHO  HAS  QUALI-
FIED  FOR  THE  PRIMARY  BALLOT  PURSUANT  TO  SUBDIVISION THREE OF THIS
SECTION.
  B. ALL THREE DELEGATES  AND  ALL  THREE  ALTERNATE  DELEGATES  FROM  A
CONGRESSIONAL  DISTRICT SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO
RECEIVES A MAJORITY OF THE TOTAL VOTES CAST FOR PRESIDENTIAL  CANDIDATES
IN  SUCH CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES A
MAJORITY OF THE VOTES IN  A  CONGRESSIONAL  DISTRICT,  THE  PRESIDENTIAL
CANDIDATE  RECEIVING  THE MOST VOTES IN THE CONGRESSIONAL DISTRICT SHALL
BE AWARDED TWO DELEGATES AND TWO ALTERNATE DELEGATES AND  THE  PRESIDEN-
TIAL  CANDIDATE  WHO RECEIVES THE SECOND MOST VOTES IN THE CONGRESSIONAL

S. 5958                             8

DISTRICT SHALL BE AWARDED  ONE  DELEGATE  AND  ONE  ALTERNATE  DELEGATE,
PROVIDED  HOWEVER,  THAT  A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST
TWENTY PERCENT OF THE TOTAL VOTES CAST FOR  PRESIDENTIAL  CANDIDATES  IN
THE  CONGRESSIONAL  DISTRICT  IN  ORDER  TO BE AWARDED ANY DELEGATES AND
ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF ONLY ONE PRESI-
DENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE  OF  THE  TOTAL  VOTES
CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, SUCH PRES-
IDENTIAL  CANDIDATE  SHALL  BE AWARDED ALL THREE DELEGATES AND ALL THREE
ALTERNATE DELEGATES.   IF  NO  PRESIDENTIAL  CANDIDATE  RECEIVES  TWENTY
PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A
CONGRESSIONAL  DISTRICT, THE THREE DELEGATE AND THREE ALTERNATE DELEGATE
POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED  PURSUANT
TO THE RULES OF THE NATIONAL REPUBLICAN PARTY.
  C.  ALL CONGRESSIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL
BE ELECTED BY THE MEMBERS OF THE NEW  YORK  REPUBLICAN  STATE  COMMITTEE
REPRESENTING  EACH  SUCH CONGRESSIONAL DISTRICT AND AWARDED TO PRESIDEN-
TIAL CANDIDATES  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION.  THE
CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
ELECTED BY THE MEMBERS  OF  THE  NEW  YORK  REPUBLICAN  STATE  COMMITTEE
REPRESENTING  EACH SUCH CONGRESSIONAL DISTRICT AT MEETINGS CALLED BY THE
STATE CHAIRMAN AND SCHEDULED IN COMPLIANCE WITH RULE 20 OF THE RULES  OF
THE  REPUBLICAN  PARTY  (NATIONAL)  BUT,  IF  PRACTICABLE, FOLLOWING THE
CERTIFICATION OF THE RESULTS OF THE PRESIDENTIAL PRIMARY BY THE NEW YORK
STATE BOARD OF ELECTIONS. THE NOTICES OF CALL ISSUED BY THE STATE CHAIR-
MAN SHALL DESIGNATE NEW YORK REPUBLICAN STATE COMMITTEE MEMBERS TO SERVE
AS CHAIRS AND SECRETARIES OF THE  CONGRESSIONAL  DISTRICT  MEETINGS.  AT
THESE  CONGRESSIONAL  DISTRICT  MEETINGS,  THE  MEMBERS  OF THE NEW YORK
REPUBLICAN STATE COMMITTEE SHALL EACH CAST VOTES EQUAL TO THE REPUBLICAN
ENROLLMENT FOR THEIR UNIT OF REPRESENTATION THAT IS WITHIN THE  CONGRES-
SIONAL  DISTRICT.  VOTING BY PROXY AT THE CONGRESSIONAL DISTRICT MEETING
SHALL BE VALID. THE CHAIR AND SECRETARY OF EACH  CONGRESSIONAL  DISTRICT
MEETING  SHALL  FILE  A  CERTIFICATE  WITH  THE  NEW YORK STATE BOARD OF
ELECTIONS STATING THE NAMES AND ADDRESSES OF THE INDIVIDUALS ELECTED  AS
CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE DELEGATES WITHIN FIVE
DAYS OF THE MEETING.
  5. ELECTION OF AT LARGE DELEGATES AND AT  LARGE  ALTERNATE  DELEGATES.
AT-LARGE  DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE ELECTED BY
THE NEW YORK REPUBLICAN STATE  COMMITTEE  AND  AWARDED  TO  PRESIDENTIAL
CANDIDATES  BASED  UPON  THE  STATEWIDE VOTE RESULTS OF THE PRESIDENTIAL
PRIMARY ELECTION. ALL AT-LARGE DELEGATES AND AT-LARGE  ALTERNATE  DELEG-
ATES SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORI-
TY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES.  IF NO
PRESIDENTIAL  CANDIDATE RECEIVES A MAJORITY OF THE STATEWIDE TOTAL VOTES
CAST FOR PRESIDENTIAL CANDIDATES, AT-LARGE DELEGATES AND AT-LARGE ALTER-
NATE DELEGATES SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED  ON  THE
RATIO  OF  THE TOTAL STATEWIDE VOTE RECEIVED BY EACH PRESIDENTIAL CANDI-
DATE IN RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL CANDI-
DATES RECEIVING AT LEAST TWENTY PERCENT OF THE  STATEWIDE  VOTE  IN  THE
PRESIDENTIAL  PRIMARY  ELECTION, THE NEW YORK REPUBLICAN STATE COMMITTEE
SHALL APPORTION PRO-RATA THE NUMBER OF AT-LARGE DELEGATES  AND  AT-LARGE
ALTERNATE  DELEGATES  THAT  EACH  PRESIDENTIAL  CANDIDATE IS ENTITLED TO
RECEIVE ROUNDED TO THE NEAREST WHOLE NUMBER: PROVIDED  HOWEVER,  THAT  A
PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL
STATEWIDE  VOTE  OF  THE  PRESIDENTIAL  PRIMARY  ELECTION IN ORDER TO BE
AWARDED ANY AT-LARGE DELEGATES BY THE NEW YORK REPUBLICAN STATE  COMMIT-
TEE.  IN THE EVENT THE PRO-RATA APPORTIONMENT OF DELEGATES LEAVES ONE OR

S. 5958                             9

MORE DELEGATES UNAWARDED BY PROCESS OF MATHEMATICAL  DISTRIBUTION,  THEN
ANY  SUCH  DELEGATE  OR  DELEGATES, SHALL BE AWARDED TO THE PRESIDENTIAL
CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDIDATES.
IN  THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDIDATES BY
PROCESS OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE  AUTHOR-
IZED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY AND THE CALL
FOR  THE  NATIONAL  CONVENTION, THEN THE NUMBER OF DELEGATES AWARDED FOR
THE CANDIDATE RECEIVING THE LEAST STATEWIDE VOTES AMONG THOSE  PRESIDEN-
TIAL  CANDIDATES  OTHERWISE  ENTITLED  TO BE AWARDED DELEGATES, SHALL BE
DECREASED TO THE EXTENT NECESSARY TO CONFORM TO THE NUMBER OF AUTHORIZED
DELEGATE POSITIONS.
  6. ALL PROVISIONS OF THIS CHAPTER WHICH ARE NOT INCONSISTENT WITH THIS
SECTION SHALL BE APPLICABLE TO A PRIMARY ELECTION CONDUCTED PURSUANT  TO
THIS SECTION.
  S  5.  Section  6-158  of  the election law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. A DESIGNATING PETITION FOR A PRESIDENTIAL PRIMARY ELECTION  SHALL
BE  FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER THAN
THE ELEVENTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION.
  S 6. 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 certificate of a party nomination made other than at the  primary
election  for  an  office to be filled at the time of a general election
shall be filed  not  later  than  seven  days  after  the  fall  primary
election,  except  that  a certificate of nomination for an office which
becomes vacant after the seventh day  preceding  such  primary  election
shall  be  filed not later than fourteen days after the creation of such
vacancy and except, further, that a certificate of party  nomination  of
candidates  for  elector  of  president and vice-president of the United
States shall be filed not later  than  [fourteen  days  after  the  fall
primary  election]  SIXTY  DAYS  BEFORE THE TWO THOUSAND SIXTEEN GENERAL
ELECTION, and except still further that a  certificate  of  party  nomi-
nation  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.
  S 7. 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  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 poli-
tical 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 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 8. Section 4-114 of the election law, as amended by chapter 4 of the
laws of 2011, is amended to read as follows:

S. 5958                            10

  S 4-114. Determination of candidates and questions;  county  board  of
elections.  The  county  board  of elections, not later than the thirty-
fifth day before the day of  a  primary  or  general  election,  or  the
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  9. 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  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 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  10. 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 days before  each
general  or  primary  election  and  forty-five days before each 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  other-
wise distribute same to the voter in accordance with the preferred meth-
od of transmission designated by the voter pursuant to section 11-203 of
this  title.  The  board  of  elections  shall  also  mail, or otherwise
distribute in accordance  with  the  preferred  method  of  transmission

S. 5958                            11

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  11.  Section  1-106  of the election law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. THE FILING BY MAIL PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION
SHALL NOT APPLY TO THE PRESIDENTIAL PRIMARY. FOR SUCH PRIMARY FILINGS OF
CERTIFICATES AND PETITIONS OF DESIGNATION OR NOMINATION, CERTIFICATES OF
ACCEPTANCE  OR DECLINATION OF SUCH DESIGNATIONS AND NOMINATIONS, CERTIF-
ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS, CERTIFICATES OF DISQUALI-
FICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH  DESIGNATIONS  OR  NOMI-
NATIONS, AND OBJECTIONS AND SPECIFICATIONS OF OBJECTIONS TO 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  BY  MAIL  AND ACCEPTED FOR FILING IF (I) SENT BY MAIL, OR
OVERNIGHT DELIVERY SERVICE AS DEFINED BY 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  OVERNIGHT
DELIVERY  SERVICE, PRIOR TO MIDNIGHT OF THE LAST DAY OF FILING, AND (II)
IF RECEIVED NO LATER THAN ONE BUSINESS DAY AFTER THE LAST  DAY  TO  FILE
SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICATIONS.
  S 12. Separability.  If any sentence, clause, subparagraph, paragraph,
subdivision, section or other part of this act, or the application ther-
eof  to  any party, person or circumstances shall be held or adjudged by
any court of competent jurisdiction to be invalid, such holding or judg-
ment shall not affect, impair or invalidate the remainder or any portion
of the remainder of this act, or the application of such section or part
of a section held or adjudged to be invalid,  to  any  other  person  or
circumstances,  but  shall be confined in its operation to the sentence,
clause, subparagraph, paragraph, subdivision, section or other  part  of
this  act  directly involved in the controversy in which such holding or
judgment shall have been rendered, or to the party, person  and  circum-
stances therein involved.
  S  13.  This  act shall take effect immediately; provided, however, if
this act shall become law after July 1, 2015, it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2015; provided further that sections  six,  seven,  eight,
nine,  ten  and  eleven of this act shall take effect December 15, 2015;
and provided further, this act shall expire December 31, 2016 when  upon
such date the provisions of this act shall be deemed repealed.