NY State Senate Bill 2015-S3657

Archive: Last Bill Status - Stricken

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
Mar 22, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to elections
Feb 13, 2015	referred to elections

2015-S3657 (ACTIVE) - Details

See Senate Version of this Bill:: S7075
Law Section:: Election Law
Laws Affected:: Amd §§9-212 & 4-122, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4139
2013-2014: S1009
2017-2018: S2789

2015-S3657 (ACTIVE) - Summary

Relates to determinations by county canvassing boards and publication of nominations.

2015-S3657 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3657

TITLE OF BILL:  An act to amend the election law, in relation to
determinations by county canvassing boards and publication of lists of
nominations

PURPOSE: This bill would provide mandate relief to counties by
eliminating the requirement that boards of elections publish election
results in the newspaper, require candidate lists to be published in
only one newspaper, and remove the requirement that candidate
addresses be published as part of such list.

SUMMARY OF PROVISIONS:

Section 1. Subdivisions 2 and 3 of election law § 9-212 as amended by
chapter 635 of the laws of 1990 are amended to eliminate newspaper
publication of the determinations by county canvassing boards.
Instead, local boards of election would have to conspicuously post
such determinations on their website.

Section 2. Subdivisions 1 and 3 of election law § 4-122 as amended by
chapter 359 of the laws of 1989 are amended to limit publication of
candidate lists to one newspaper of general circulation and digital
publication. Current law specifies that such lists shall be published
in between two and four newspapers and includes no provision for
digital publication. This amendment also removes a candidate's

residence from the information to be published as part of such list.

Section 3 of the bill is the effective date.

JUSTIFICATION: Current law (EL. § 9-212) requires county canvassing
boards to publish election results and the results of local ballots
proposals once in the newspaper. Current law (EL. § 4-122) also and
requires newspaper publication of candidate lists, including
candidates residences, in several newspapers.

By wholly eliminating the newspaper publication requirements of E.L.
9-212, replacing them with digital publication, and significantly
scaling back the newspaper publication requirements of E.L. § 4-122,
this bill alleviates the hardship of these unfunded mandates while
recognizing the wide use and accessibility of the internet by boards
of elections, citizens, and the media.

LEGISLATIVE HISTORY:  S.1009 of 2013-14 Referred to Elections S.4139-A
of 2011-12 Referred to Elections

LOCAL FISCAL IMPLICATIONS: The bill will provide savings to the
counties.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S3657 (ACTIVE) - Bill Text download pdf

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

                                  3657

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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 determinations by coun-
  ty canvassing boards and publication of lists of nominations

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

  Section  1. Subdivisions 2 and 3 of section 9-212 of the election law,
as amended by chapter 635 of the laws of 1990, are amended  to  read  as
follows:
  2.  All  such  determinations  shall  be  in writing and signed by the
members of the canvassing board or a majority  of  them  and  filed  and
recorded in the office of the board of elections, THE BOARD OF ELECTIONS
SHALL  CAUSE  A COPY OF SUCH DETERMINATIONS, AND OF THE STATEMENTS FILED
IN ITS OFFICE UPON WHICH SUCH DETERMINATIONS WERE BASED, TO BE CONSPICU-
OUSLY POSTED ON ITS WEBSITE. THE STATEMENT  OF  CANVASS  TO  BE  POSTED,
HOWEVER, SHALL NOT GIVE THE VOTE BY ELECTION DISTRICTS BUT SHALL CONTAIN
ONLY  THE  TOTAL  VOTE FOR A PERSON, OR THE TOTAL VOTE FOR AND THE TOTAL
VOTE AGAINST A BALLOT PROPOSAL, CAST WITHIN THE COUNTY,  OR  WITHIN  THE
PORTION THEREOF, IF ANY, IN WHICH AN OFFICE IS FILLED OR BALLOT PROPOSAL
IS  DECIDED  BY  THE  VOTERS IF THE CANVASS OF THE VOTE THEREON DEVOLVES
UPON THE COUNTY BOARD OF CANVASSERS. [Except in the city of New York and
in the  counties  of  Nassau,  Orange  and  Westchester,  the  board  of
elections  shall  cause a copy of such determinations, and of the state-
ments filed in its office upon which such determinations were based,  to
be  published  once  in  each  of  the  newspapers designated to publish
election notices and the official canvass. The statement of  canvass  to
be published, however, shall not give the vote by election districts but
shall  contain  only  the total vote for a person, or the total vote for
and the total vote against a ballot proposal, cast within the county, or
within the portion thereof, if any, in which  an  office  is  filled  or
ballot  proposal  is  decided  by  the voters if the canvass of the vote

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08733-01-5

S. 3657                             2

thereon devolves upon the county board of canvassers.] Such totals shall
be expressed in arabic numerals.
  3. The board of elections shall prepare and forthwith transmit to each
person  determined by the canvassing board to have been elected a certi-
fied statement, naming the office to which  such  canvassing  board  has
declared him OR HER elected.
  S  2.  Subdivisions  1  and 3 of section 4-122 of the election law, as
amended by chapter 359 of the laws of  1989,  are  amended  to  read  as
follows:
  1.    The  county  board of elections shall publish, AND CONSPICUOUSLY
POST ON ITS WEBSITE, at least  six  days  before  an  election,  a  list
containing the name [and residence] of every candidate for public office
to be voted for within its jurisdiction at such election.
  3.  [The]  IN  ADDITION  TO BEING CONSPICUOUSLY POSTED ON THE BOARD OF
ELECTIONS WEBSITE, THE list described in subdivision one of this section
shall be published at least once in [not less than  two  nor  more  than
four newspapers] A NEWSPAPER OF GENERAL CIRCULATION in the county.  In a
county  containing a city, [at least one] such publication shall be in a
daily newspaper published in a city therein, if there be such a  newspa-
per.  In  the  case  of a village election held at a time other than the
time of a general election, such publication shall  be  in  a  newspaper
having  general  circulation  in such village.  [So far as is consistent
with this section, one such newspaper shall represent each of the  major
political  parties.] Should the board of elections find it impossible to
make such publication six days before election it shall make it  at  the
earliest possible day thereafter before the election.
  S 3. This act shall take effect immediately.

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Senate Bill S3657

Sponsored By

Archive: Last Bill Status - Stricken

2015-S3657 (ACTIVE) - Details

2015-S3657 (ACTIVE) - Summary

2015-S3657 (ACTIVE) - Sponsor Memo

2015-S3657 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3657

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Sponsored By

Rich Funke

Archive: Last Bill Status - Stricken

2015-S3657 (ACTIVE) - Details

2015-S3657 (ACTIVE) - Summary

2015-S3657 (ACTIVE) - Sponsor Memo

2015-S3657 (ACTIVE) - Bill Text download pdf

Comments